Video/Audio-Link Protocols
The Federal Magistrates Court was established to provide a simple and accessible alternative to litigation in the
established federal courts and to relieve the workload of those courts. The Federal Magistrates Court has one outcome: to provide a cheaper, simpler and faster method of dealing with less complex Family
Court and Federal Court matters.
The Federal Magistrates Court will utilise technology to assist litigants in reducing costs and court delays.
Audio and audio-visual links will be used in appropriate situations.
The Federal Magistrates Act 1999 Division 5 of part 6 provides the authority for the use of audio and audio-visual equipment:
"Section 66 Testimony by video link or audio link
(1) The Federal Magistrates Court or a Federal Magistrate may, for the purposes of any proceeding, direct or
allow testimony to be given by video link or audio link."
A party to a matter before the court may request the use of audio-visual links. The judicial officer having the
matter allocated to their docket will consider the request. In considering the request the federal magistrate will have regard to section 69 of the Federal Magistrates Act 1999:
"Section 69 Conditions for use of video links and audio links
Video link
(1) The Federal Magistrates Court or a Federal Magistrate must not exercise the power conferred by subsection
66(1), 67(1) or 68(1) in relation to a video link unless the Federal Magistrates Court or the Federal Magistrate is satisfied that the following conditions are met in relation to the video link:
(a) the courtroom or other place where the Federal Magistrates Court or the Federal Magistrate is sitting
is equipped with facilities (for example, television monitors) that enable all eligible persons present in that courtroom or place to see and hear the person (the remote person ) who is:
(i) giving the testimony; or
(ii) appearing; or
(iii) making the submission;
as the case may be, by way of the video link;
(b) the place at which the remote person is located is equipped with facilities (for example, television
monitors) that enable all eligible persons present in that place to see and hear each eligible person who is present in the courtroom or other place where the Federal Magistrates Court or the
Federal Magistrate is sitting;
(c) such other conditions (if any) as are prescribed by the Rules of Court in relation to the video link;
(d) such other conditions (if any) as are imposed by the Federal Magistrates Court or the Federal
Magistrate.
(2) The conditions that may be prescribed by the Rules of Court in accordance with paragraph (1)(c) include
conditions relating to:
(a) the form of the video link; and
(b) the equipment, or class of equipment, used to establish the link; and
(c) the layout of cameras; and
(d) the standard of transmission; and
(e) the speed of transmission; and
(f) the quality of communication."
In considering a request the federal magistrate may take into account the factors set out in the request in
addition to any other matters considered material including the cost and convenience to all parties.
Making arrangements for video link
A request should be made at least 7 days prior to the scheduled event to allow for the booking of the necessary
equipment.
Requests to use video or audio links should be directed to the associate of the federal magistrate having control
of the matter. Requests can be made by phone or in writing.
Parties can call 1300 352 000 if they require contact details for associates.
A party requesting the use of video link should have the capacity to advise of the following detail:
(a) The full title including the number of the matter;
(b) The address and ISDN numbers of the link venues;
(c) The reasons why such a course is desirable;
(d) The nature of the evidence;
(e) The number of witnesses to be examined;
(f) The expected duration of the link; and
(g) In the case of submissions, the expected duration of the submissions.
The party booking the link with the court is responsible for ensuring that all the appropriate material to
administer the oath and copies of exhibits are available during the video link.
Upon approval of the request the associate or deputy associate to the federal magistrate will make the bookings
necessary to ensure that the video equipment is available. |
