Release of Information - Judicial records
The Right to Information Act 2009 [RTI Act] provides for a number of exclusions and exemptions which limit public access. In particular, exclusions and exemptions in the RTI Act which are relevant to documents held by the Industrial Court of Queensland, the Queensland Industrial Relations Commission and the Industrial Registry are the following:
Entities to which this Act does not apply in relation to a particular function:
- a court, or the holder of a judicial office or other office connected with a court, in relation to the court's judicial functions
- a registry or other office of a court, or the staff of a registry or other office of a court in their official capacity, so far as its or their functions relate to the court's judicial functions
- a tribunal in relation to the tribunal's judicial or quasi-judicial functions
- a tribunal member or the holder of an office connected with a tribunal, in relation to the tribunal's judicial or quasi-judicial functions
- a registry of a tribunal, or the staff of a registry of a tribunal in their official capacity, so far as its or their functions relate to the tribunal's judicial or quasi-judicial functions
- a quasi-judicial entity in relation to its quasi-judicial functions
- a member of, or the holder of an office connected with, a quasi-judicial entity, in relation to the entity's quasi-judicial functions
- the staff of a quasi-judicial entity in their official capacity, so far as their functions relate to the entity's quasi-judicial functions
Access to Judicial documents
In some respects access to Judicial documents, is governed by the provisions of the Industrial Relations Act 2016.
s. 936 Confidentiality of information
A person must not disclose information acquired when performing functions or exercising powers under this Act to someone else, unless the disclosure is
(a) made for this Act when performing a function under this Act; or
(b) authorised by
(i) the Minister; or
(ii) a court order, for hearing and deciding proceedings before the court; or
(iii) a regulation; or
(c) required or permitted by another Act. Maximum penalty 16 penalty units.
Access to Judicial documents is also governed by Rule 228 of the Industrial Relations (Tribunals) Rules 2011 which states that a person who is not a party to, or bound by, a proceeding may not search the documents in the proceeding without the Registrar's prior approval.
Decisions of the Court, Commission and Registrar are made available to all parties to a matter immediately on release. From 1 January 2014, Decisions of the Industrial Court of Queensland, the Queensland Industrial Relations Commission and the Industrial Registrar have been published on the Supreme Court Library website. Prior to 1 January 2014, all decisions were published on this website.
Case Files Archived: pre-December 1988
These are held in State Archives. Applications to access these files must be made to the Registrar's office and attract a retrieval and delivery fee.
Case Files in Store: January 1989 - December 2005
These are held in Storage in a private facility. Applications to access these files must be made to the Registrar's office and attract a retrieval and delivery fee.
For access to Registry Judicial files and details of applicable fees, contact us.
Hearings before the Court or Commission are recorded and a transcript is typed by Auscript Australasia Pty Ltd.
For information about accessing transcripts, click here.
Registered Industrial Organisations
The following documents relating to Registered Industrial Organisations are also held in the Registry:
- Documents of Organisations
- Original Certificates of Registration
- Lists of Callings of Industrial Organisations (eligibility or membership rules)
- Register of Officers of Industrial Organisations
- Rules of Industrial Organisations
- Register of Members of Industrial Organisations, unless exempted under the Act
- Authority to Enter Premises
- Exemption from Union Membership
- Election documents (including requests for elections, appointment of returning officers and declaration of ballots)
- Financial Returns of Industrial Organisations
- Correspondence with Industrial Organisations
- Appointment of Agent