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Frequently Asked Questions About Court Transcripts
Introduction
The Reporting Services Branch (RSB) of the NSW Attorney General's Department is the primary provider of recording and transcription services to the Courts and Tribunals of New South Wales. RSB records all formal court proceedings, both criminal and civil in major jurisdictions, including the Land and Environment Court.
All proceedings in all NSW Courts, being courts of record, are recorded either by Court Reporters or Sound Recorders. An audio recording is created of what is said in the proceedings. The recording is retained by the Reporting Services Branch for up to 3 years after the court case (5 years for criminal matters). If a person needs a typed copy of a court case, the Reporting Services Branch uses the audio recording to prepare the transcript. As an alternative to the provision of transcript, persons can also request the purchase of the audio recording (tapes). However these tapes cannot be externally transcribed to produce official transcript (e.g. for appeal purposes).
What is a court transcript?
A transcript is a written record, prepared in accordance with legislation, of what is said during a court case. If you wish to get a copy of what was said in a Land and Environment Court case in which you were involved, you may order the court transcript.
Where do I order transcript?
For matters heard at the Land and Environment Court, place your order with the Court's registry.
What is the process for ordering transcript?
- Complete a Request for Transcript Form and forward to the Court's registry.
- Pay a deposit - deposits on transcript orders are charged on the cost of producing eight (8) pages of transcript. For the latest fees per page of transcript, consult item number 21 on the current Schedule of Court Fees.
How much does transcript cost?
Transcript is charged on a per page basis. Check the Schedule of Court Fees to determine the current costs per page amount (note: transcript more than 3 months old is charged at a slightly higher rate per page) As an indication only, a full day of Court hearing time would run to approximately 60-70 pages. Transcripts are generally made available within 10 working days.
What if I need a transcript, but can't afford it?
Everyone is required to pay for transcripts unless they can show that they need it and can't afford it. If you need a transcript, but can't afford to pay for it, you need to apply to the Court Registrar who has the authrority to waive, postpone or remit court fees. To do this you need to complete a Fee Waiver, Postponement or Remittance Form and forward it to the Registrar for determination.
Who owns transcripts?
All transcripts are owned by the State of New South Wales. This means the copyright is also owned by the State whereby transcripts cannot be photocopied or used in any other way without getting permission from the Reporting Services Branch or the Crown.
Who is entitled to obtain a transcript of a court case?
Subject to the payment of transcription fees, the parties to the proceedings or their legal representatives are entitled to obtain a copy of a transcript. The Court's Registrar may also permit non-parties to obtain a copy of a transcript if they provide sufficient reasons in writing.
Why is it important to record what was said in a court case?
An official court transcript is important because the decision of a commissioner or a judge may be appealed. In such an 'appeal', an LEC judge (in the case of a commissioner decision) or an appeal court judge (in the case of an LEC judge decision) may be asked to look at the original decision and determine if it was correct in law. To do this, the judge must have a record of the proceedings.
Transcripts from an audio recording
An audio recording is created of what was said in all Land and Environment Court proceedings. The recording is retained by the Reporting Services Branch for three (3) years after the court case (5 years for criminal matters). If a person needs a typed copy of a court case, the Reporting Services Branch uses the audio recording to prepare the transcript.
Can I obtain duplicate tape recording of sound-recorded evidence?
Under certain circumstances, yes. Duplicate tape recordings are not available if a Judge of the Court has ordered the production of a transcript in a particular matter. Additionally, tape recordings of verbal judgments are not available for purchase. These will be posted in the form of a judgment on the Court's website in due course.
What about on-site hearings?
Transcript of proceedings and audio recordings are not produced from hearings that are held on-site. Judgments delivered delivered at on-site hearings are prepared and made available upon publication via the Court's website.
What is the process for ordering a duplicate tape recording?
- Complete a Request for Transcript Form and forward to the Court's registry.
- Pay a deposit - deposits on duplicate tape recordings are charged on the cost of producing one (1) cassette tape. For the latest fees consult item number 20 on the current Schedule of Court Fees.
How much do duplicate tape recordings cost?
The cost of duplicate tape recordings are detailed in the Schedule of Court Fees. Duplicate tapes are generally made available within five (5) working days.
Storage of transcripts
NSW Courts are courts of record. Court records of proceedings (in the case of the LEC audio tapes are used to subsequently produce hard copy transcript), are retained within the Reporting Services Branch for three (3) years after the court case (5 years for criminal matters).
Transcripts of proceedings are not prepared in all matters. Transcripts that are prepared by the Branch are stored for the same period as the audio tapes (i.e. for three (3) to five (5) years). After the retention period has expired, the original transcripts are sent to State Archives for safe keeping and permanent retention.
(FAQ published by the Court's Registry and includes information sourced from the Reporting Services Branch website. If you have any questions about the information provided, please contact the Registry.)
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