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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Courts Legislation Amendment Bill 2000
A Bill for
An Act to amend --
· the District Court of Western Australia Act 1969;
· the Liquor Licensing Act 1988;
· the Local Courts Act 1904; and
· the Supreme Court Act 1935.
The Parliament of Western Australia enacts as follows:
page 1
122--1B
Courts Legislation Amendment Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Courts Legislation Amendment
Act 2000.
5 2. Commencement
(1) This Act, other than the provisions set out in subsection (2),
comes into operation on the day on which it receives the Royal
Assent.
(2) Sections 6, 7, and 21 to 25 come into operation on a day fixed
10 by proclamation.
(3) Different days may be fixed under subsection (2) for different
provisions.
page 2
Courts Legislation Amendment Bill 2000
Amendments to the District Court of Western Australia Act 1969 Part 2
s. 3
Part 2 -- Amendments to the District Court of Western
Australia Act 1969
3. The Act amended
The amendments in this Part are to the District Court of Western
5 Australia Act 1969*.
[* Reprinted as at 1 January 1999.]
4. Section 24 amended
Section 24(1) is amended by deleting "any practitioner as
defined by the Legal Practitioners Act 1893, of not less than
10 8 years' standing and practice," and inserting instead --
"
a person qualified to be appointed a District Court
Judge under section 10,
".
15 5. Section 27A inserted
After section 27 the following section is inserted --
"
27A. Employment of personal staff for Judges
(1) On the recommendation of the Chief Judge, the
20 Attorney General may employ, under contracts of
service, people to be associates, orderlies and other
assistants to the District Court Judges.
(2) The Public Sector Management Act 1994 does not
apply to or in respect of the employment of a person
25 under subsection (1).
(3) An arrangement under section 66 of the Public Sector
Management Act 1994 may be entered into between an
page 3
Courts Legislation Amendment Bill 2000
Part 2 Amendments to the District Court of Western Australia Act 1969
s. 6
employing authority and the Attorney General under
which a public service officer performs the functions,
services or duties of an associate, orderly, or other
assistant to a District Court Judge.
5 ".
6. Section 88 amended
(1) Section 88(2)(f) is deleted.
(2) Section 88(3) is repealed.
7. Section 89A inserted
10 After section 89 the following section is inserted --
"
89A. Fees and poundage
(1) The Governor may make regulations prescribing or
providing for --
15 (a) the fees payable in respect of any cause or
matter in the Court;
(b) the fees payable in respect of the conduct of the
business of any office of or connected with the
Court; and
20 (c) the fees and poundage payable in respect of
anything done by the bailiff or officers of the
bailiff in or in relation to the execution of any
writ, warrant or other process.
(2) Regulations made under subsection (1) may provide for
25 the waiver, reduction, refund or deferral of payment,
with or without conditions, of fees or poundage.
page 4
Courts Legislation Amendment Bill 2000
Amendments to the District Court of Western Australia Act 1969 Part 2
s. 7
(3) If a question arises as to the fee payable or applicable
in a particular case, that question is to be determined by
the Principal Registrar.
(4) Any person affected by the determination of the
5 Principal Registrar under subsection (3) may have it
reviewed by a District Court Judge in a summary
manner.
".
page 5
Courts Legislation Amendment Bill 2000
Part 3 Amendments to the Liquor Licensing Act 1988
s. 8
Part 3 -- Amendments to the Liquor Licensing
Act 1988
8. The Act amended
The amendments in this Part are to the Liquor Licensing
5 Act 1988*.
[* Reprinted as at 12 June 1998.]
9. Section 3 amended
Section 3(1) is amended as follows:
(a) by deleting the definition of "Acting Judge";
10 (b) by deleting the definition of "the Judge" and inserting
the following definition instead --
"
"the Judge" means a Liquor Licensing Court Judge
nominated or deemed to have been nominated
15 under this Act;
".
10. Section 8 amended
(1) Section 8(3) is amended by deleting "an Acting Judge"
and inserting instead --
20 "
a Liquor Licensing Court Judge nominated under
section 9(4)
".
(2) Section 8(4) is amended by deleting "an Acting Judge"
25 and inserting instead --
"
a Liquor Licensing Court Judge nominated under
section 9(4)
".
page 6
Courts Legislation Amendment Bill 2000
Amendments to the Liquor Licensing Act 1988 Part 3
s. 11
11. Section 9 replaced
Section 9 is repealed and the following section is inserted
instead --
"
5 9. Appointment of the Judge of the Liquor Licensing
Court
(1) Subject to subsection (2), the Liquor Licensing Court
Judge shall be such District Court Judge, or
Commissioner of the District Court appointed under
10 section 24 of the District Court of Western Australia
Act 1969, as the Chief Judge of the District Court of
Western Australia shall from time to time nominate,
either generally or for a specified time, to be the Liquor
Licensing Court Judge.
15 (2) On the day on which Part 3 of the Courts Legislation
Amendment Act 2000 comes into operation, the person
who, immediately before that day, held office as the
Liquor Licensing Court Judge, is deemed to have been
nominated as the Liquor Licensing Court Judge under
20 subsection (1) and shall continue to hold that office as
if section 9 had not been repealed until he or she dies,
retires, or otherwise ceases to hold the office.
(3) In the exercise of that office, the Liquor Licensing
Court Judge has the same protection and immunity as a
25 Judge has in respect of proceedings in the Supreme
Court.
(4) Where the person who is deemed under subsection (2)
to have been nominated as the Liquor Licensing Court
Judge --
30 (a) is or is expected to be absent from duty for any
reason; or
page 7
Courts Legislation Amendment Bill 2000
Part 3 Amendments to the Liquor Licensing Act 1988
s. 12
(b) declines to deal with any matter,
the Chief Judge is to nominate a District Court Judge
or a Commissioner of the District Court to be a Liquor
Licensing Court Judge for such period, or in respect of
5 such applications or matters, as may be specified in the
instrument of appointment.
".
12. Sections 10 and 11 repealed
Sections 10 and 11 are repealed.
10 13. Section 16 amended
Section 16(7) is amended by deleting "or an Acting Judge".
14. Transitional
If on the day on which sections 9, 10, 12, and 13 come into
operation an Acting Judge of the Liquor Licensing Court is
15 dealing with an application or matter the Acting Judge may
continue to deal with the application or matter as if those
sections had not come into operation.
page 8
Courts Legislation Amendment Bill 2000
Amendment to the Local Courts Act 1904 Part 4
s. 15
Part 4 -- Amendment to the Local Courts Act 1904
15. The Act amended
The amendment in this Part is to the Local Courts Act 1904*.
[* Reprinted as at 14 February 2000.]
5 16. Section 91 amended
Section 91 is amended by deleting "into court" in both places
where it occurs and inserting instead --
" to the plaintiff or the plaintiff's solicitor ".
page 9
Courts Legislation Amendment Bill 2000
Part 5 Amendments to the Supreme Court Act 1935
s. 17
Part 5 -- Amendments to the Supreme Court Act 1935
17. The Act amended
The amendments in this Part are to the Supreme Court
Act 1935*.
5 [* Reprinted as at 23 July 1999.]
18. Part VI inserted
After section 68 the following Part is inserted --
"
Part VI -- Mediation
10 69. Interpretation
In this Part, unless the contrary intention appears --
"mediation under direction" means mediation carried
out by a mediator under a direction of the Court
under and subject to the Rules of Court;
15 "mediator" means --
(a) a Registrar appointed by the Chief Justice to
be a Mediation Registrar under the Rules of
Court;
(b) a person approved by the Chief Justice to be
20 a mediator under the Rules of Court; or
(c) a person agreed by the parties.
70. Protection of mediator
A mediator carrying out mediation under direction has
the same privileges and immunities as a Judge of the
25 Court has in the performance of judicial duties as a
Judge.
page 10
Courts Legislation Amendment Bill 2000
Amendments to the Supreme Court Act 1935 Part 5
s. 18
71. Privilege
(1) Subject to subsection (3), evidence of --
(a) anything said or done;
(b) any communication, whether oral or in writing;
5 or
(c) any admission made,
in the course of or for the purposes of an attempt to
settle a proceeding by mediation under direction is to
be taken to be in confidence and is not admissible in
10 any proceedings before any court, tribunal or body.
(2) Subject to subsection (3) --
(a) any document prepared in the course of or for
the purposes of an attempt to settle a
proceeding by mediation under direction;
15 (b) any copy of such a document; or
(c) evidence of any such document,
is to be taken to be subject to a duty of confidence and
is not admissible in any proceedings before any court,
tribunal or body.
20 (3) Subsections (1) and (2) do not affect the admissibility
of any evidence or document in proceedings if --
(a) the parties to the mediation consent to the
admission of the evidence or document in the
proceedings;
25 (b) there is a dispute in the proceedings as to
whether or not the parties to the mediation
entered into a binding agreement settling all or
any of their differences and the evidence or
document is relevant to that issue;
page 11
Courts Legislation Amendment Bill 2000
Part 5 Amendments to the Supreme Court Act 1935
s. 18
(c) the proceedings relate to a costs application
and, under the Rules of Court, the evidence or
document is admissible for the purposes of
determining any question of costs; or
5 (d) the proceedings relate to any act or omission in
connection with which a disclosure has been
made under section 72(2)(c).
(4) A mediator cannot be compelled to give evidence of
anything referred to in subsection (1) or (2) or to
10 produce a document or a copy of a document referred
to in subsection (2) except --
(a) in proceedings referred to in subsection (3)(d);
or
(b) in proceedings relating to a costs application
15 where there is a dispute as to a fact stated or a
conclusion reached in a mediator's report
prepared under the Rules of Court on the failure
of a party to cooperate in the mediation and the
evidence or document is relevant to that issue.
20 (5) In subsections (3) and (4) --
"costs application" means an application for the costs
of the mediation or of the proceedings to which
mediation relates.
72. Confidentiality
25 (1) Subject to subsection (2), a mediator must not disclose
any information obtained in the course of or for the
purpose of carrying out mediation under direction.
page 12
Courts Legislation Amendment Bill 2000
Amendments to the Supreme Court Act 1935 Part 5
s. 19
(2) Subsection (1) does not apply if --
(a) the disclosure is made for the purpose of
reporting under the Rules of Court on any
failure of a party to cooperate in a mediation;
5 (b) the disclosure is made with the consent of the
parties;
(c) there are reasonable grounds to believe that the
disclosure is necessary to prevent or minimize
the danger of injury to any person or damage to
10 any property; or
(d) the disclosure is authorized by law or the
disclosure is required by or under a law of the
State (other than a requirement imposed by a
subpoena or other compulsory process) or the
15 Commonwealth.
".
19. Section 155 amended
Section 155(4) is repealed.
20. Section 155A inserted
20 After section 155 the following section is inserted --
"
155A. Employment of personal staff for Judges and
Masters
(1) On the recommendation of the Chief Justice, the
25 Attorney General may employ, under contracts of
service, people to be associates, orderlies and other
assistants to the Judges and Masters.
page 13
Courts Legislation Amendment Bill 2000
Part 5 Amendments to the Supreme Court Act 1935
s. 21
(2) The Public Sector Management Act 1994 does not
apply to or in respect of the employment of a person
under subsection (1).
(3) An arrangement under section 66 of the Public Sector
5 Management Act 1994 may be entered into between an
employing authority and the Attorney General under
which a public service officer performs the functions,
services or duties of an associate, orderly, or other
assistant to a Judge or Master.
10 ".
21. Section 163 amended
(1) Section 163(1) is amended by deleting "may be fixed by rules
made by the Judges of the Supreme Court" and inserting
instead --
15 " are payable under the regulations ".
(2) Section 163(2) is amended by deleting "prescribed fees" and
inserting instead --
" fees payable under the regulations ".
22. Section 167 amended
20 Section 167(1)(q) is deleted and the following paragraph is
inserted instead --
"
(q) For enabling and regulating the mediation of
any of the differences between any parties to a
25 proceeding generally and, in particular,
providing for --
(i) the reference of a proceeding or any part
of a proceeding to a mediator with or
without the consent of any party to the
30 proceeding;
page 14
Courts Legislation Amendment Bill 2000
Amendments to the Supreme Court Act 1935 Part 5
s. 23
(ii) the conduct of the mediator and of the
parties;
(iii) the terms and conditions upon which the
mediation conference is to be held; and
5 (iv) the admissibility of evidence in relation
to a mediation for the purpose of
determining the costs of the mediation
or the costs of the proceedings between
the parties to the mediation.
10 ".
23. Section 169 repealed
Section 169 is repealed.
24. Section 170 amended
(1) Section 170(1) is amended by deleting "and all orders fixing the
15 fees and percentages to be taken in the Court or in any office
connected with the Court, or by any officer,".
(2) Section 170(2) is amended by deleting "or order" wherever
occurring.
25. Section 171 inserted
20 After section 170 the following section is inserted --
"
171. Fees and poundage
(1) The Governor may make regulations prescribing or
providing for --
25 (a) the fees payable in respect of any cause or
matter in the Court;
page 15
Courts Legislation Amendment Bill 2000
Part 5 Amendments to the Supreme Court Act 1935
s. 25
(b) the fees payable in respect of the conduct of the
business of any office of or connected with the
Court;
(c) the fees and poundage payable in respect of
5 anything done by the sheriff, officers of the
sheriff or a bailiff in or in relation to the
execution of any writ, warrant or other process;
and
(d) the fees and poundage payable in respect of
10 anything done by the Marshall in Admiralty
and officers of the Marshall in or in relation to
the execution of any writ, warrant or other
process.
(2) Regulations made under subsection (1) may provide for
15 the waiver, reduction, refund or deferral of payment,
with or without conditions, of fees or poundage.
(3) If a question arises as to the fee payable or applicable
in a particular case, that question is to be determined by
the Principal Registrar.
20 (4) Any person affected by the determination of the
Principal Registrar under subsection (3) may have it
reviewed by the Court in a summary manner.
".
page 16
Courts Legislation Amendment Bill 2000
Validation Part 6
s. 26
Part 6 -- Validation
26. Validation
To the extent that, before the coming into operation of
section 22, provisions of the Rules of the Supreme Court 1971
5 related or purported to relate to mediation --
(a) those provisions are to be regarded as having been
validly and lawfully made and published under and
within the authority of the Supreme Court Act 1935 and
to have always had effect according to their terms; and
10 (b) anything done under or purportedly done under those
provisions is to be regarded as having been validly done
and, to have always been, effectual in all respects.
page 17
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