Transcripts at Public Expense

1. As all Commissionersí decisions and determinations must be in writing and

are issued to all parties, the provision of transcripts of oral decisions and

determinations is never required. This Practice Memorandum concerns the provision

of a transcript of what has been said at an oral hearing before a Commissioner.

2. Where proceedings before a Commissioner are recorded, tapes shall normally

be kept for six months and shall not be released to any party or other person, save for

official transcribers for the purposes of transcription.

3. Where a tape of proceedings is in existence, a transcript shall be provided

upon request but:

(i) subject to the following paragraphs, only at the expense of the person

making the request; and

(ii) where the hearing was not in public, only to a party to the proceedings

unless the Commissioner otherwise directs.

4. A court considering an appeal or judicial review (including an application for

permission) seldom requires a transcript of any part of the proceedings before the

Commissioner. However, if unusually such a transcript is likely to be required by the

appropriate court, a party to proceedings may request that the transcript be supplied at

public expense. The decision whether or not to grant the request shall be made by a

Commissioner, usually the Commissioner who heard the case. The Commissioner

shall only grant the request and direct a transcript be made at public expense if

satisfied that:

(i) a tape of the relevant proceedings is in existence; and

(ii) the person asking for a transcript either

(a) has applied or intends to apply for permission to appeal from, or for

permission to apply for judicial review of, the Commissionerís decision

and has reasonable grounds for making that application for permission; or

(b) has been granted leave to appeal or leave to apply for judicial review

and has brought or intends to bring such proceedings; or

(c) is a respondent to any such application for permission or appeal or

application for judicial review; and

(iii) the transcript is necessary for the purposes of the application for

permission, appeal or application for judicial review; and

(iv) the partyís financial circumstances are such that that party cannot afford to

pay for the transcript from his or her own income or funds.

In any event, the transcript of proceedings directed to be made at public expense shall

be restricted to that part of the proceedings necessary for the purposes of the

application or appeal proposed.

6. For the purposes of considering an application for a transcript at public

expense, the Commissioner may give directions, e.g. requiring the applicant to

disclose details of financial circumstances.

7. This Practice Memorandum does not affect the power of a court to order that a

transcript of proceedings before a Commissioner be provided to any person.

His Honour Judge Hickinbottom

Chief Commissioner

31 December 2004