H I G H C O U R T O F A U S T R A L I A
I, Philippa Lynch, Chief Executive and Principal Registrar of the High Court of Australia, acting on behalf of the Court pursuant to the powers conferred upon me by sub-section 19(2) of the High Court of Australia Act 1979 (Cth) for the purposes of regulating the conduct of persons in and on the High Court of Australia Building and Precincts, hereby give the Directions set out hereunder.
These Directions replace the Directions made on 29 November 2010. DATED at Canberra this 30th day of March 2021.
Philippa Lynch
Chief Executive and Principal Registrar
High Court of Australia (Building and Precincts—Regulating the Conduct of Persons) Directions 2021
Table of Directions
(1) Citation
(2) Directions in addition to powers contained in Court Security Act 2013 (Cth) and Court Security Regulation 2013 (Cth)
(3) Interpretation
(4) Parking and Vehicular Traffic
(5) Conduct of Persons
(6) Power to request belongings be cloaked or left
(7) Powers where Directions may have been contravened
(8) Power to dispose of objects Directions
- These Directions may be cited as the High Court of Australia (Building and Precincts—Regulating the Conduct of Persons) Directions 2021.
2. The matters provided for in these Directions are in addition to the powers exercisable by a ‘security officer’ or ‘authorised court officer’ within the meaning of the Court Security Act 2013 (Cth) and Court Security Regulation 2013 (Cth).
3. In these Directions, unless a contrary intention appears:
assistance animal has the meaning given to it in section 9 of the Disability Discrimination Act 1992 (Cth)
authorised court officer has the meaning given in the Court Security Act 2013
(Cth) and Court Security Regulation 2013 (Cth)
building means the Court building erected on Block 8 Section 28 Division of Parkes, Australian Capital Territory, as shown in Schedule A, and includes the staff car park, the visitors’ car park and the adjacent prototype building
Australian Constitution Centre means the area located on Level 1 of the building
Chief Executive means the Chief Executive and Principal Registrar of the High Court of Australia
Court means the High Court of Australia
courtroom means a courtroom within the building
dangerous item has the meaning given to it in the Court Security Act 2013
(Cth)
person authorised means a person designated as a ‘security officer’, an ‘authorised court officer’ or otherwise appointed by written instrument by the Chief Executive
precincts means the area surrounding the building having the boundaries shown in Schedule A
public areas means the precincts and those areas of the building accessible and open to the general public from time to time comprising:
(i) the entrances and public galleries of courtrooms 1, 2 and 3;
(ii) the Australian Constitution Centre;
(iii) the public halls, ramps and walkways from ground level to Level 4; and
(iv) the visitors’ car park.
security officer has the meaning given in the Court Security Act 2013 (Cth) and Court Security Regulation 2013 (Cth).
staff car park means the car park enclosure under the northern end of the forecourt.
visitors’ car park means the car park enclosure under the southern end of the forecourt.
4. A person, being the driver of or being in control of a motor vehicle:
(i) having been requested by the Chief Executive or a person authorised by the Chief Executive to remove that vehicle from the staff car park, the visitors’ car park, or the precinct shall comply forthwith with that request;
(ii) shall not cause or permit that vehicle to exceed a speed of ten kilometres per hour within the staff car park or the visitors’ car park;
(iii) shall not, without the permission of the Chief Executive or a person authorised by the Chief Executive, cause or permit that vehicle to enter upon, pass over, or remain in any part of the building or the precincts not designated for the passage or parking of motor vehicles;
(iv) shall upon being so requested by the Chief Executive or a person authorised by the Chief Executive, remove that vehicle forthwith from the building or the precincts as the case may be, if the vehicle by reason of its state of serviceability or by reason of materials or substances carried in or upon it, is likely in the opinion of the Chief Executive or a person authorised by the Chief Executive to cause injury or damage to any person or property.
5. A person shall not:
(i) behave in a disorderly or offensive manner within the building or the precincts; or
(ii) without lawful excuse interfere with, damage or destroy any tree, plant, grass, building or other property within the building or the precincts; or
(iii) consume any food, beverage, or liquor within the public areas of the building without the permission of the Chief Executive, a person authorised by the Chief Executive or a Court security officer; or
(iv) bring any food, beverage or liquor into a courtroom in which a matter is proceeding or is about to commence; or
(v) consume or have any illegal substance in his or her possession within the building or the precincts; or
(vi) cause any animal (other than an Assistance Animal accompanying a person with a disability) to enter the building without the permission of the Chief Executive or a person authorised by the Chief Executive; or
(vii) without the express permission of the Chief Executive or a person authorised by the Chief Executive, bring into or possess within the building or the precincts any firearm, explosive substance, offensive weapon, or dangerous item; or
(viii) bring any camera, video or sound recording device, radio, transmitter or computer with transmitting capability into a courtroom in which a
matter is proceeding or is about to commence, with the exception of a legal practitioner appearing in the courtroom who may be permitted to bring computers or devices into court for the purpose of assisting with the presentation of the case; or
(ix) bring a mobile telephone into a courtroom in which a matter is proceeding or is about to commence unless it is switched off; or
(x) use any camera or video or sound recording device for commercial purposes within the building without the permission of the Chief Executive or a person authorised by the Chief Executive; or
(xi) smoke anywhere within the building; or
(xii) light any fire or deposit any litter or create any nuisance within the building or the precincts; or
(xiii) play any musical instrument within the public areas of the building without the permission of the Chief Executive or a person authorised by the Chief Executive; or
(xiv) fail to comply with any reasonable and lawful directions under these Directions by the Chief Executive or a person authorised by the Chief Executive; or
(xv) without reasonable excuse enter or go upon any part of the building or the precincts not being part of the public areas or as to which a notice is exhibited or a barrier is erected indicating that admittance is prohibited or restricted; or
(xvi) offer any goods or article for sale within the building or the precincts, or promote any good, service, or event without the permission of the Chief Executive or a person authorised by the Chief Executive; or
(xvii) display any sign, poster or image within the building or precinct without the prior approval of the Chief Executive or a person authorised by the Chief Executive; or
(xviii) conduct or participate in any public protest or assembly within the building without the prior approval of the Chief Executive or a person authorised by the Chief Executive.
6. When so requested by a security officer or authorised court officer, a person must cloak or leave belongings at a place specified by the Chief Executive or a person authorised by the Chief Executive.
7. Any person within the court premises must comply with any lawful direction, request or instruction given by the Chief Executive, a person authorised by the Chief Executive, or a security officer or authorised court officer within the meaning of the Court Security Act 2013 (Cth).