Main Content Anchor

Southport DFV Court—new procedure for explicit content

Due to a recent increase in explicit content (of a sexual nature) being included with DFV applications and exhibits, the DFV Specialist Court Magistrates have requested that relevant content be contained within a sealed envelope with a caution attached. This is required to allow for viewer discretion and to the protect the sensitive material from being reproduced or viewed unnecessarily. 

Please note that this direction applies specifically to explicit content of a sexual nature.  Other images such as injuries that are not explicit sexual content can be copied and served via the current process. 

As it is not possible to seal documents in an envelope that are being served by police (i.e documents that are attached to applications) due to the electronic methods used between the court database and the police database, it is necessary to implement the following procedure.  Please note that the following procedure is local to Southport and further work will be undertaken to preparing a more formal procedure.

Registry procedure for photos and exhibits filed with DFV applications

  • When accepting applications on the counter, the registry is to ask the client filing the application whether there is any explicit content included. If yes, the registry staff member is to advise the client that the material must be placed into an envelope and marked accordingly.
  • Registry staff will then place a caution notice (Attachment A sample(DOCX, 26KB)) on front of the envelope and place on file.
  • A proforma (Attachment B sample(DOCX, 27KB)) will be placed with the application and included when scanned for service to ensure that the parties being served are aware of the material and can apply to the registry to view the material if required. The explicit material contained in the sealed envelope will not be scanned and forwarded for service.
  • If the application is received by post and the registry become aware of explicit content, the registry will place the material into an envelope with the caution attached to the front.

Affidavits and media exhibits filed for hearing

Filed at counter

  • Persons filing affidavits and exhibits must ensure that any explicit content is separated and filed inside a sealed envelope and marked accordingly.
  • When affidavit/exhibits are filed at the registry counter, the registry is to ask the client whether there is any explicit content included. If yes, and the content has not been placed in a sealed envelope, the registry staff member is to advise the client that the material must be placed into envelopes and marked accordingly.
  • Registry staff will then place caution notice (Attachment A) on front of the envelope and place on file.
  • Registry will provide the copies of the affidavit and exhibits as per usual process, with explicit content sealed in envelope and marked with caution notice.

Filed by post

  • Persons filing affidavits and exhibits must ensure that any explicit content is separated and filed inside a sealed envelope and marked accordingly.
  • Registry staff will then place caution notice (Attachment A) on front of the envelope and place on court file.
  • Registry will provide the copies of the affidavit and exhibits as per current process, with explicit content sealed in envelope and marked with caution notice.

If you have any queries regarding the new procedures please contact the Southport DFV Registry or alternatively I can raise any queries or concerns at the next Specialist Court Operational Working Group meeting and the preferrred supplier coordinator will endeavour to get back to you as soon as possible.

Back to top