South Australian Proposes Changes to Electronic Transactions and Court Documents

The South Australian Government has released two new draft bills - the Summary Procedure (Service) Amendment Bill 2016 and the Electronic Transactions (Criminal Proceedings) Amendment Bill 2016. Together, the bills will make changes to the current criminal justice system in South Australia to allow prosecutors to provide preliminary documents to the Court and the Defence using a wider range of electronic methods.

Background to the Bills

The media release coupled with the bills explains that the current criminal justice process is falling behind technological advancements in the way we share information and communicate. The media release highlights that “communicating electronically is embedded in our everyday activities.” Unfortunately, the legal process has not caught up to this and the law still requires information and documents to be provided in hard copy and in person rather than through electronic means. These restrictions, according to the media release, would often result in unnecessary procedural obstacles and delays.

The reforms set out in the two draft bills will attempt to remedy this situation by increasing the efficiency of the process by allowing the criminal justice sector to more easily use electronic communications.

Summary Procedure (Service) Amendment Bill 2016

Under the current Summary Procedure Act 1921 (SA), documents can only be delivered to people using a limited number of electronic methods. The proposed amendments would allow the service of documents through any electronic method provided that the recipient of the document can readily access the document. The draft Bill caters for future technological advancements by not restricting the accepted means of electronic communications to specific methods. Instead, it proactively proscribes for any electronic modes of communication in general. 

The draft Bill also provides that regulations can be made under the Act to exclude certain types of documents from certain types of service methods where necessary.

Electronic Transactions (Criminal Proceedings) Amendment Bill 2016

Three changes are proposed under this draft Bill to the Electronic Transactions Act 2000 (SA). The changes proposed currently will only apply to criminal proceedings. Firstly, it will allow the use of electronic communications where the recipient is the person who is the subject of the criminal proceedings without them first having to give permission. Secondly, it will allow for documents to be witnessed electronically. And lastly, it will allow for certain documents to be sent electronically that currently can only be delivered in person.

The Bills are now opened for submissions from the general public and submissions are due to close on the 19 August 2016. 

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Summary Procedure (Service) Amendment Bill 2016, Draft Bill and Media Release as published on LawOne

Electronic Transactions (Criminal Proceedings) Amendment Bill 2016, Draft Bill and Media Release as published on LawOne