PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 183 Rules of court and practice directions for Magistrates' Court
PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 183
Rules of court and practice directions for Magistrates' CourtS. 183(1) amended by No. 20/2022 s. 37.
(1) The Chief Magistrate together with one or more Deputy Chief Magistrates may jointly make rules of court for or with respect to proceedings in the Magistrates' Court in relation to applications and orders made under this Act.
(2) Without limiting subsection (1), rules may be made for or with respect to the following matters—
(a) the proper venue for proceedings under this Act, including the transfer of proceedings between court venues;
(b) the right of parties to appear personally or to be represented by a legal practitioner;
S. 183(2)(ba) inserted by No. 33/2018 s. 76(1).
(ba) processes and procedures for making and filing applications under this Act, including, but not limited to—
(i) making and filing applications by electronic communication; and
(ii) providing for different requirements, procedures or processes in relation to applications made during court hours, after hours or in remote areas and applications where the applicant or respondent is an adult or a child;
(c) the amendment of applications;
(d) the striking out or dismissal by the court of matters;
(e) the adjournment of proceedings by the court and the power to stay orders;
(f) access to records and documents held by the court;
S. 183(2)(fa) inserted by No. 77/2014 s. 27(1).
(fa) forms, notices and written explanations;
(g) extracts from records and documents held by the court and certification of those extracts;
(h) mediation assessments and mediations.
(3) A power conferred by this Act to make rules may be exercised in accordance with section 16(1D) and 16(1E) of the Magistrates' Court Act 1989 as if the rules had been made under section 16 of that Act.
S. 183(4) amended by No. 33/2018 s. 76(2).
(4) To remove any doubt, it is declared that the power of the Chief Magistrate to issue practice directions, statements or notes for the court under section 16A of the Magistrates' Court Act 1989 in relation to civil proceedings or any class of civil proceedings includes power to issue practice directions, statements or notes for the court in relation to proceedings, or any class of proceedings, with respect to applications or orders made under this Act, including, but not limited to, making and filing applications by electronic communication.
(5) A practice direction, statement or note issued with respect to proceedings, or any class of proceedings, with respect to applications under this Act is taken to have been issued under section 16A(1) of the Magistrates' Court Act 1989 .