LOCAL COURT ACT 2007 - SCHEDULE 4

LOCAL COURT ACT 2007 - SCHEDULE 4

SCHEDULE 4 – Savings, transitional and other provisions

(Section 5 (2))

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

Courts and Crimes Legislation Amendment Act 2008

Courts and Crimes Legislation Further Amendment Act 2010

any other Act that amends this Act

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

2 Definitions

In this Part:


"former Act" means the Local Courts Act 1982 .


"former Court" means a court established under the Local Courts Act 1982 .


"relevant repeal date" means that date on which the former Act is repealed by the Local Court Act 2007 .

3 Abolition of Local Courts

All former Courts are abolished on the relevant repeal date.

4 Continuation of judicial office

(1) A commission of appointment made under the former Act is, to the extent that the commission has effect immediately before the relevant repeal date, taken to have been issued under this Act.

(2) A person who, immediately before the relevant repeal date, held office as a Magistrate under Part 3 of the former Act is, on that date, taken to have been appointed as a Magistrate under this Act:

(a) subject to any conditions of the Magistrate's appointment under the former Act, and

(b) if the person was appointed for a specified term--for the remainder of that term.

(3) A person who, immediately before the relevant repeal date, held office as the Chief Magistrate under Part 3 of the former Act is, on that date, taken to have been appointed as Chief Magistrate under this Act.

(4) A person who, immediately before the relevant repeal date, held office as a Deputy Chief Magistrate under Part 3 of the former Act is, on that date, taken to have been appointed as a Deputy Chief Magistrate under this Act.

5 Continuation of other offices

(1) A person who, immediately before the relevant repeal date, held office as an Assessor under Part 7 of the former Act is taken to hold office under this Act as an Assessor, subject to any terms and conditions specified in the Assessor's instrument of appointment, for the remainder of the term for which the person was appointed as an Assessor.

(2) A person who, immediately before the relevant repeal date, held office as a registrar of a former Court under Part 2 of the former Act is taken to hold office under this Act as a registrar.

(3) A person who, immediately before the relevant repeal date, held office as a deputy registrar of a former Court under Part 2 of the former Act is taken to hold office under this Act as a deputy registrar.

(4) Unless the Chief Magistrate otherwise directs, a direction is taken to have been duly made under section 23 by the Chief Magistrate that a registrar, deputy registrar or Assessor is to exercise his or her functions at the designated place or places where he or she was entitled to exercise his or her functions under the former Act immediately before the relevant repeal date.

6 Pending applications and proceedings under former Act

(1) Subject to subclause (2), this Act and the rules apply to proceedings commenced before the relevant repeal date in the same way as they apply to proceedings commenced on or after that date.

(2) The Court may make such orders dispensing with the requirements of the rules in relation to the proceedings commenced before the relevant repeal date, and such consequential orders (including orders as to costs), as are appropriate in the circumstances.

7 Special jurisdiction

Any matter being dealt with by a former Court under Part 6 of the former Act before the relevant repeal date is taken to form part of the Court's special jurisdiction under Part 4.

8 Continuation of proceedings after Magistrate's vacation of office

Clause 4 of Schedule 1 applies in respect of proceedings commenced before or after the commencement of that clause.

9 Designated places

A place at which a former Court could be held, pursuant to an appointment made under section 6 (1) of the former Act, immediately before the relevant repeal date is taken, on that date, to have been the subject of a direction and notification by the Chief Magistrate, pursuant to section 22, that each such place is a designated place for the purposes of this Act.

10 General savings provision

(1) Subject to this Act and the regulations, anything done under or for the purposes of a provision of the former Act is, to the extent that the thing has effect immediately before the repeal of the provision, taken to have been done under or for the purposes of the corresponding provision of this Act.

(2) Without limiting subclause (1), any approval, authority or appointment in force under a provision of the former Act immediately before the repeal of the provision is taken to be an approval, authority or appointment in force under the corresponding provision of this Act.

11 References to a Local Court

Subject to this Act and the regulations, a reference in another Act or in an instrument made under an Act or in any document enacted or made before the relevant repeal date to:

(a) a Local Court is to be read as a reference to the Local Court, and

(b) a registrar of a Local Court is to be read as a reference to a registrar of the Local Court, and

(c) a deputy registrar of a Local Court is to be read as a reference to a deputy registrar of the Local Court, and

(d) a Local Court at a particular place is to be read as a reference to the Local Court sitting at that place.

Part 3 - Provision consequent on enactment of Courts and Crimes Legislation Amendment Act 2008

12 Pending appeals

An appeal to the Supreme Court for which a hearing date had been allocated before the commencement of Schedule 15 [2[#93]-[6[#93] to the Courts and Crimes Legislation Amendment Act 2008 is to be determined as if that Act had not been enacted.

Part 4 - Provision consequent on enactment of Courts and Crimes Legislation Amendment Act 2009

13 Member of Rule Committee appointed by Attorney General

A person appointed and holding office under section 25 (2) (g), as in force immediately before its substitution by the Courts and Crimes Legislation Amendment Act 2009 , is taken to have been appointed under section 25 (2) (g) as substituted by that Act.

Part 5 - Provision consequent on enactment of Courts Legislation Amendment Act 2010

14 Effect of amendments on current Chief Magistrate

A person who holds office as the Chief Magistrate immediately before the substitution of section 14 by the Courts Legislation Amendment Act 2010 continues to hold office as such for the purposes of section 14 (as substituted).

Part 6 - Provisions consequent on enactment of Courts and Crimes Legislation Further Amendment Act 2010

15 Changes to the jurisdictional limit of the Court

The amendment made to section 29 by the Courts and Crimes Legislation Further Amendment Act 2010 does not apply to proceedings instituted in the Court before the commencement of the amendment.

16 Validation of 2005 Extended Leave Determination

(1) A provision of the 2005 Extended Leave Determination that could have been made as a condition of service determination if this Act, as amended by the Courts and Crimes Legislation Further Amendment Act 2010 , had been in force at the time that it was made, is taken to have been, and to have always been, validly made under section 22 of the Local Courts Act 1982 .

(2) The 2005 Extended Leave Determination is taken to include, and to have always included, a provision to the effect that, on and from the date an election by a Magistrate to be paid an extended leave gratuity takes effect, any service by the Magistrate as a Magistrate or in the public sector service before that date is to be disregarded in determining the Magistrate's entitlement to extended leave for service after that date.

(3) Anything done in connection with the 2005 Extended Leave Determination that would have been validly done if the amendments made to this Act by the Courts and Crimes Legislation Further Amendment Act 2010 had been in force when it was done is taken to have been, and to have always been, validly done.

(4) A Magistrate or former Magistrate who was paid an extended leave gratuity before the commencement of this clause may elect to have his or her pre-2002 extended leave entitlement reinstated in accordance with arrangements approved by the Minister.

(5) As a precondition to reinstatement, the Magistrate or former Magistrate must repay the gratuity amount to the Minister.

(6) The amount to be repaid is to be determined by the Minister on the basis of a reasonable estimate of the present day value of the extended leave gratuity paid to the Magistrate or former Magistrate.

(7) On reinstatement, the Magistrate or former Magistrate is taken to have accrued, and to always have accrued, extended leave as if the Magistrate had never elected to be paid the extended leave gratuity.

(8) Expressions used in this clause have the same meaning as they have in clause 9A of Schedule 1.

(9) In this clause:


"extended leave gratuity" means a gratuity paid to a Magistrate on election under clause 2A of the Magistrates' Leave and Related Conditions Determination as inserted by the 2005 Extended Leave Determination.


"2005 Extended Leave Determination" means the Magistrates' Leave and Related Conditions Amendment (Extended Leave) Determination 2005 published in Gazette No 65 of 3.6.2005 at page 1923.

Part 7 - Provision consequent on enactment of Local Court Amendment (Company Title Home Unit Disputes) Act 2013

17 Jurisdiction in company title home unit disputes

Section 34A extends to any company title home unit dispute that involves or relates to conduct by an interested party that occurred before the commencement of that section.

Part 8 - Provision consequent on enactment of Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016

18 Remuneration of acting Magistrates

Clause 12 (4) of Schedule 1, as in force before its substitution by the Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016 , continues to apply until the Statutory and Other Offices Remuneration Tribunal makes provision for the remuneration of acting Magistrates under the Statutory and Other Offices Remuneration Act 1975 .

Part 9 - Provision consequent on enactment of Justice Legislation Amendment Act (No 3) 2018

19 Changes to jurisdictional limit

The amendment made to section 29 by the Justice Legislation Amendment Act (No 3) 2018 does not apply to proceedings instituted in the Court before the commencement of the amendment.