Western Australian Industrial Relations Commission

Providing Copies of Decisions to the Commission in Proceedings

 

Although the Commission publishes its reasons for decision and orders in the WA Industrial Gazette, for many years its decisions have also been published through AustLII.

This Commission and other courts and tribunals in Australia recognise that AustLII provides a legitimate form of citation and production of decisions which are published via the internet.

AustLII, in a recent research project undertaken to improve the authority and integrity of primary legal materials in light of publication of those materials on the internet, recognised that all users of the legal system need to be able to obtain copies of primary legal materials that are reliable in two ways. Firstly, copies of legal materials provided to courts and tribunals should be authoritative (designated as a version acceptable for many purposes, including admissibility in court). Secondly, the copy should have authenticity and integrity.

As a result of the project, AustLII developed and released in 2015 a method and formatting for downloading judgments that are intended to strengthen the confidence courts and tribunals can have in the reliability of decisions obtained from AustLII. It has done so by releasing a digitally signed and watermarked “signed by AustLII” version of most of the judgments that it holds.

The “signed by AustLII” format is a watermarked format of a PDF/A document which is an ISO-standardised version of the Portable Document Format (PDF) specialised for the digital preservation of electronic documents. Each “signed by AustLII” document is based upon documents provided by courts and tribunals to AustLII. Each decision has been digitally signed by AustLII which includes a digital certificate that can be independently verified. It has an AustLII watermark background to make it more visually obvious that it is complete and unaltered. It is also date stamped as to when the user downloaded it from AustLII. The format also has a link which downloads a new copy of the decision from AustLII, to enable verification that it is the current copy of the decision (the updating facility).

In recognition of the “signed by AustLII” format and the desirability of the production of reliable legal materials to the Commission, the Commission has issued a Practice Direction to provide guidance to the parties about which copies of decisions are acceptable to be provided to the Commission in proceedings.

Contact Us

Western Australian Industrial Relations Commission
17th Floor
111 St Georges Terrace
PERTH WA 6000

Phone : (08) 9420 4444
Facsimile : (08) 9420 4500
Free Call : 1800 624 263

Free Fax :1800 804 987

Email : mail reg

 

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