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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Magistrates Court Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
Part 2 -- The Court
4. Court established 4
5. Magistrates, appointment of etc. 4
6. Magistrates, functions of 4
7. Constitution of the Court 5
8. Where and when the Court operates 6
Part 3 -- Jurisdiction and powers
Division 1 -- Jurisdiction
9. Jurisdiction conferred by statute 7
10. Civil jurisdiction 7
11. Criminal jurisdiction 7
12. Court may exercise all of its jurisdiction at one sitting 8
13. Court to decide factual and legal questions 8
14. Evidentiary rules applicable 8
15. Contempts of the Court 8
16. Contempts of the Court, powers to deal with 9
Division 2 -- Powers
17. Abuse of process etc., power to refuse documents 11
18. Oaths may be administered by registrars etc. 11
19. Affidavits 12
20. Warrants etc. consequential on orders, who may issue 12
21. Summonses etc. may be cancelled 12
260--3 page i
Magistrates Court Bill 2003
Contents
22. Entry and inspection of property 12
23. Correction of accidental errors 13
Part 4 -- Administration
24. Chief Magistrate responsible 14
25. Chief Magistrate may assign duties to magistrates 14
26. Administrative staff 15
27. Administrative directions 16
28. Court may delegate to registrars 17
29. Appeal from decisions of registrars 17
Part 5 -- Miscellaneous
30. Court's duties in respect of self-represented parties 18
31. Judgments, content of 18
32. Effect of Court's summonses etc. 18
33. Court's records, access to 19
34. Evidentiary matters 22
35. Prerogative writs not available against the Court 23
36. Supreme Court's powers to control Court 23
37. Protection from personal liability for magistrates etc. 25
38. Practice directions 26
39. Rules of court, making 26
40. Rules of court, content 27
41. Regulations 28
42. Fees, regulations may prescribe etc. 28
Schedule 1 -- Provisions about
magistrates 29
1. Interpretation 29
2. Qualifications for appointment 29
3. Appointment 29
4. Oath and affirmation of office 30
5. Conditions of service 30
6. Chief Magistrate and Deputy Chief Magistrates 31
7. Seniority 31
8. Acting Chief Magistrate 31
9. Acting magistrates 32
10. Acting magistrates (SA and NT magistrates) 34
11. Tenure of office 35
12. Resignation 35
page ii
Magistrates Court Bill 2003
Contents
13. Suspension and termination due to illness 35
14. Suspension from office due to substandard
performance 36
15. Removal from office 38
16. Service counts as practice as a lawyer 38
Schedule 2 -- Form of commission 39
Schedule 3 -- Oath and affirmation of
office 40
1. Oath of office 40
2. Affirmation of office 40
Defined Terms
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Magistrates Court Bill 2003
A Bill for
An Act to establish the Magistrates Court of Western Australia and
for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Magistrates Court Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Magistrates Court Act 2004.
2. Commencement
This Act comes into operation on a day fixed by proclamation.
5
3. Interpretation
In this Act, unless the contrary intention appears --
"case" means proceedings in the Court involving or in
connection with the Court's civil or criminal jurisdiction;
"Chief Magistrate" means the Chief Magistrate appointed
10
under Schedule 1 clause 6(1) or a person who under
Schedule 1 clause 8(2) is performing the functions of the
Chief Magistrate;
"Court" means the Magistrates Court of Western Australia
established by section 4;
15
"Court officer" means a magistrate, a JP when constituting the
Court, or a registrar when performing functions delegated
to a registrar under section 28;
"courtroom" includes a place where the Court is sitting;
"deal with" includes to hear and determine;
20
"document" means any record that is or is capable of being put
on paper;
"JP" means Justice of the Peace;
"magistrate" means a person appointed under Schedule 1 as a
magistrate of the Court;
25
"prescribed" means prescribed by regulations made under this
Act;
page 2
Magistrates Court Bill 2003
Part 1
Preliminary
s. 3
"record" means any thing or process --
(a) on or by which information is recorded or stored; or
(b) by means of which a meaning can be conveyed by
any means in a visible or recoverable form,
whether or not the use or assistance of some electronic,
5
electrical, mechanical, chemical or other device or process
is required to recover or convey the information or
meaning;
"registrar" means a person appointed under section 26 as the
Principal Registrar, a Registrar or a Deputy Registrar;
10
"rules of court" means rules of court made under section 39.
page 3
Magistrates Court Bill 2003
Part 2 The Court
s. 4
Part 2 -- The Court
4. Court established
(1) A court called the Magistrates Court of Western Australia is
established.
(2) The Court is a court of record.
5
(3) The Court is to have as many seals as are necessary for the
transaction of its business.
5. Magistrates, appointment of etc.
Schedule 1 has effect.
6. Magistrates, functions of
10
(1) A magistrate has the functions imposed or conferred on a
magistrate by laws that apply in Western Australia, including
this Act and other written laws.
(2) A magistrate has and may perform any function of a registrar.
(3) With the Governor's approval, a magistrate --
15
(a) may hold concurrently another public or judicial office
or appointment, including an office or appointment
made under the law of another place; and
(b) may perform other public functions concurrently with
those of a magistrate.
20
(4) A magistrate must not be appointed to an office that does not
include any judicial functions without his or her consent.
(5) The Governor may extend the operation of section 37 to the
performance by a magistrate of other functions, or the functions
of another office or appointment, approved under
25
subsection (3).
page 4
Magistrates Court Bill 2003
Part 2
The Court
s. 7
7. Constitution of the Court
(1) The Court is to be constituted by one magistrate.
(2) In circumstances prescribed by the regulations or by another
written law, the Court may be constituted by --
(a) 2 or more JPs; or
5
(b) one JP.
(3) Regulations made for the purpose of subsection (2) may provide
that rules of court may, subject to the regulations, provide --
(a) that the Court may be constituted other than by one
magistrate; and
10
(b) the circumstances when it may be so constituted.
(4) If another written law requires the Court to be constituted in a
particular way to deal with a case, it must be constituted in that
way despite subsections (1) and (2), except for the purposes of
adjourning the case or making other procedural decisions in
15
relation to the case.
(5) The Court, constituted in accordance with this section or
another written law, may exercise its jurisdiction even if at the
same time the Court, constituted by a different individual or by
different individuals, is also exercising its jurisdiction.
20
(6) If the Court is constituted by 2 or more JPs for the purpose of
dealing with a case --
(a) all of them must be present at all times when dealing
with the case;
(b) the decision of the Court is the decision of the majority
25
of them; but if they are equally divided, the case is to be
adjourned to a place and date decided by them or, if they
cannot agree, by the one who was first appointed as a
JP; and
(c) any one of them may issue a warrant or other process of
30
the Court in relation to the case.
page 5
Magistrates Court Bill 2003
Part 2 The Court
s. 8
8. Where and when the Court operates
(1) The Court is to have registries at such places, including places
outside the State, as the Minister, by written notice to the Chief
Magistrate, decides from time to time.
(2) At places where it has a registry, the Court is to sit at such times
5
as the Chief Magistrate decides from time to time.
(3) Public notice of decisions made under subsections (1) and (2) is
to be given in such manner as the Chief Magistrate decides.
(4) Despite subsection (2), the Court may exercise its jurisdiction at
any time and place, but must not do so at a place outside the
10
State without the approval of the Chief Magistrate.
(5) The rules of court may provide for the Court to deal with a case,
or an aspect of a case, in chambers.
(6) This section does not permit the Court, when constituted by an
acting magistrate appointed under Schedule 1 clause 10, to
15
exercise its jurisdiction at a place outside the geographical area
in which the acting magistrate may perform the functions of a
magistrate.
page 6
Magistrates Court Bill 2003
Part 3
Jurisdiction and powers
Division 1
Jurisdiction
s. 9
Part 3 -- Jurisdiction and powers
Division 1 -- Jurisdiction
9. Jurisdiction conferred by statute
The Court has the jurisdiction conferred on it by this Act and by
other written laws.
5
10. Civil jurisdiction
The Court's civil jurisdiction is set out in the Magistrates Court
(Civil Proceedings) Act 2004.
11. Criminal jurisdiction
(1) The Court's criminal jurisdiction is set out in this section.
10
(2) The Court has jurisdiction --
(a) to hear and determine a charge of a simple offence;
(b) to hear and determine a charge of an indictable offence
that can be dealt with summarily;
(c) to commit a person charged with an indictable offence
15
that is to be dealt with on indictment to the District
Court or the Supreme Court for trial or sentence;
(d) to commit a person charged with an indictable offence
that is to be dealt with summarily to the District Court or
the Supreme Court for sentence; and
20
(e) to deal with any case that, under a written law, is to be
dealt with by a court of summary jurisdiction.
(3) The jurisdiction referred to in subsection (2) is to be exercised
subject to --
(a) The Criminal Code;
25
(b) the Criminal Procedure (Summary) Act 1902;
page 7
Magistrates Court Bill 2003
Part 3 Jurisdiction and powers
Division 1 Jurisdiction
s. 12
(c) the Children's Court of Western Australia Act 1988
Part 3 where the defendant, at the time of the alleged
offence, was under 18 years of age;
(d) any other written law that confers jurisdiction to deal
with a charge of an offence on a court of summary
5
jurisdiction.
(4) In exercising its criminal jurisdiction, the Court is a court of
summary jurisdiction.
12. Court may exercise all of its jurisdiction at one sitting
The Court may exercise more than one aspect of its jurisdiction
10
at one sitting without adjourning or interrupting the sitting.
13. Court to decide factual and legal questions
The Court, in exercising its jurisdiction, is to decide all
questions of fact and law.
14. Evidentiary rules applicable
15
Subject to any other written law, the rules of evidence that apply
in the Supreme Court apply in the Magistrates Court.
15. Contempts of the Court
(1) A person is guilty of a contempt of the Court if the person --
(a) while the Court is sitting, wilfully --
20
(i) interrupts the proceedings;
(ii) misbehaves before the Court;
(iii) insults a person constituting the Court;
(b) wilfully insults or obstructs --
(i) a person going to a courtroom for the purpose of
25
constituting the Court;
(ii) a person leaving a courtroom having constituted
the Court;
page 8
Magistrates Court Bill 2003
Part 3
Jurisdiction and powers
Division 1
Jurisdiction
s. 16
(c) when required by the Court to take an oath or
affirmation, does not do so;
(d) when required by the Court to give evidence that the
person is competent and compellable to give, does not
do so;
5
(e) does not, in the face of the Court, comply with a lawful
direction of the Court.
(2) A person who --
(a) having been served with a summons to attend as a
witness, without reasonable excuse, does not attend as
10
required by the summons; or
(b) having been required by the Court to produce a record or
thing to the court, without reasonable excuse, does not
do so,
is guilty of a contempt of court unless the omission is an
15
offence.
(3) A person is guilty of a contempt of the Court if --
(a) the Court makes a lawful order ordering a person to do
an act (other than to pay money) or to cease (temporarily
or permanently) doing an act;
20
(b) the person, without reasonable excuse, does not comply
with the order; and
(c) another written law does not provide a means for
punishing non-compliance with or enforcing the order.
16. Contempts of the Court, powers to deal with
25
(1) In this section --
"contempt" means a contempt of the Court, whether under
section 15 or under another written law.
page 9
Magistrates Court Bill 2003
Part 3 Jurisdiction and powers
Division 1 Jurisdiction
s. 16
(2) If a person commits a contempt then --
(a) if it is committed in the face of the Court, the presiding
Court officer may --
(i) orally or by issuing a warrant, order the person to
be arrested and brought before the Court to be
5
dealt with for the contempt; or
(ii) issue a summons that requires the person to
appear before the Court to be dealt with for the
contempt;
(b) in any other case, a magistrate may --
10
(i) issue a warrant to have the person brought before
the Court to be dealt with for the contempt; or
(ii) issue a summons that requires the person to
appear before the Court to be dealt with for the
contempt.
15
(3) Without limiting section 40, rules of court may provide for the
procedure for dealing with a person who is allegedly guilty of
contempt and may provide for the person to be dealt with
without a formal charge and in a summary way.
(4) A person guilty of a contempt is liable to a fine of not more than
20
$12 000 or imprisonment for not more than 12 months or both.
(5) If the Court fines a person for contempt it may order that if the
person does not pay the fine immediately, the person is to be
imprisoned --
(a) until the fine is paid; or
25
(b) for not more than 12 months,
whichever is the shorter period.
(6) If a person who has been punished for contempt apologises to
the Court for the contempt, the Court may amend or cancel the
order imposing the punishment and, if it does, may order the
30
refund of some or all of a fine that has been paid.
page 10
Magistrates Court Bill 2003
Part 3
Jurisdiction and powers
Division 2
Powers
s. 17
(7) The punishment of a person for contempt due to failing to obey
an obligation does not relieve the person from the obligation.
Division 2 -- Powers
17. Abuse of process etc., power to refuse documents
(1) In this section --
5
"document" includes a claim, complaint, application, and
affidavit.
(2) If it appears to a registrar that a document lodged with the Court
is an abuse of the Court's process or is frivolous or vexatious,
the registrar may refuse to accept the document unless a
10
magistrate has given leave for the document to be lodged.
(3) A person affected by such a refusal may apply to a magistrate
for leave to lodge the document.
(4) The application must be made in accordance with rules of court.
(5) The application may be dealt with in the absence of any other
15
party to the case concerned.
(6) On such an application a magistrate may give leave and may do
so on terms or may refuse leave.
(7) If a registrar refuses to accept a document that is lodged within
a time limit that applies to the lodgment of the document and a
20
magistrate subsequently gives leave for it to be lodged, it may
be lodged pursuant to that leave even if the time limit has by
then expired.
18. Oaths may be administered by registrars etc.
(1) A registrar may administer an oath or affirmation in or for any
25
proceedings in the Court.
(2) The rules of court may authorise a person to administer an oath
or affirmation in or for all or some proceedings in the Court.
page 11
Magistrates Court Bill 2003
Part 3 Jurisdiction and powers
Division 2 Powers
s. 19
19. Affidavits
Subject to any other written law or the rules of court, the Court
may admit an affidavit into evidence.
20. Warrants etc. consequential on orders, who may issue
If the Court gives a judgment or makes an order, any order,
5
warrant, summons, notice or other document that needs to be
issued by the Court as a consequence of or to give effect to the
judgment or order may be issued by a magistrate or JP who did
not constitute the Court when it gave the judgment or made the
order.
10
21. Summonses etc. may be cancelled
(1) The Court may cancel a summons, warrant, order, or other
document, issued by the Court if the Court is satisfied there is
good reason to do so.
(2) Without limiting subsection (1), the Court may cancel a witness
15
summons issued to a person if it is satisfied that the person is
unable to give any evidence, or to produce any record or thing,
that is material to the case concerned or that is not privileged.
(3) A power in this section may be exercised by the Court on the
application of the person who applied for, or a person affected
20
by, the document concerned or, after notifying the parties, on
the Court's own initiative.
(4) The Court exercising a power in this section need not be
constituted by the same person or persons who constituted the
Court that issued the document concerned.
25
22. Entry and inspection of property
(1) The Court may enter any land and any structure on it to make an
inspection that the Court considers is relevant to exercising its
jurisdiction.
page 12
Magistrates Court Bill 2003
Part 3
Jurisdiction and powers
Division 2
Powers
s. 23
(2) The Court may authorise a registrar or any other person to
exercise the power in subsection (1).
23. Correction of accidental errors
(1) The Court may correct a judgment or order if it contains --
(a) an accidental slip or omission;
5
(b) a material arithmetic error; or
(c) a material mistake in the description of any person, thing
or matter.
(2) A power in this section may be exercised by the Court on the
application of the person who applied for, or a person affected
10
by, the document concerned or, after notifying the parties, on
the Court's own initiative.
(3) The Court exercising a power in this section need not be
constituted by the same person or persons who constituted the
Court that issued the judgment or order concerned.
15
page 13
Magistrates Court Bill 2003
Part 4 Administration
s. 24
Part 4 -- Administration
24. Chief Magistrate responsible
(1) The Chief Magistrate is the principal judicial officer of the
Court.
(2) For administrative purposes, the Chief Magistrate --
5
(a) may establish and disestablish one or more divisions of
the Court to deal with a specific class or classes of case,
whether throughout the State or at a particular place; and
(b) may designate and change the designation of any such
division.
10
(3) Without limiting subsection (2) the Chief Magistrate may
establish a division of the Court to deal with a specific class of
offender if he or she considers that the interests of such
offenders or of the community warrant such offenders being
dealt with separately from other offenders.
15
(4) The Chief Magistrate is responsible for directing the
professional development and training of magistrates, the
Principal Registrar, the Registrars and the Deputy Registrars.
25. Chief Magistrate may assign duties to magistrates
(1) The Chief Magistrate, by directions given from time to time to a
20
person who is a magistrate, may --
(a) specify which case or cases, or class or classes of case,
the person is to deal with or in which division of the
Court the person is to sit;
(b) specify which class or classes of the judicial functions
25
that the person has under written laws, whether as a
magistrate or otherwise, the person is to perform for the
time being;
(c) specify which administrative duties the person is to
perform for the time being; and
30
page 14
Magistrates Court Bill 2003
Part 4
Administration
s. 26
(d) specify where, when and at what times to deal with
those cases or perform those functions or duties.
(2) Such a direction given to a magistrate does not limit the
functions of the magistrate.
(3) A magistrate must comply with such a direction.
5
(4) A contravention of subsection (3) is not an offence.
(5) In the case of a magistrate who is also the Principal Registrar or
a Registrar of the Family Court, this section and section 24(4)
apply as if the reference to the Chief Magistrate were a
reference to the Chief Judge of the Family Court or his or her
10
delegate.
26. Administrative staff
(1) The Court's administrative staff consists of --
(a) the Principal Registrar;
(b) Registrars;
15
(c) Deputy Registrars; and
(d) any other persons appointed to the administrative staff.
(2) The Minister may appoint the Principal Registrar and as many
Registrars and Deputy Registrars as are needed to deal with the
workload of the Court.
20
(3) A person is not eligible to be appointed as the Principal
Registrar unless he or she is appointed under the Public Sector
Management Act 1994 Part 3.
(4) Unless appointed under subsection (5), (6) or (7) a person is not
eligible to be appointed as a Registrar or Deputy Registrar
25
unless he or she is appointed under the Public Sector
Management Act 1994 Part 3.
(5) The Minister may appoint as a Deputy Registrar a person who is
a member of the Police Force; the appointment to be held
contemporaneously with the person's office in the Police Force.
30
page 15
Magistrates Court Bill 2003
Part 4 Administration
s. 27
(6) The Minister may appoint as a Registrar or Deputy Registrar a
person who holds another office or position in the Public
Service; the appointment to be held contemporaneously with the
person's other office or position in the Public Service.
(7) If the Court is required to perform its functions at a place
5
outside the State, the Minister may appoint any person as a
Deputy Registrar or Registrar of the Court at that place.
(8) A person appointed to an office in the administrative staff of the
Court may perform the functions of the office at any place
where the Court sits, unless the instrument appointing him or
10
her provides otherwise.
(9) A reference in a written law, other than this section, to a
registrar of the Court includes a reference to the Principal
Registrar and to a Deputy Registrar, unless a contrary intention
appears.
15
(10) The Minister may delegate the Minister's powers under this
section, other than this power of delegation, to another person.
27. Administrative directions
(1) The Chief Magistrate may issue written directions (to be called
administrative directions) about administrative matters and
20
procedures for the effective and efficient operation of the Court.
(2) The directions must not limit the judicial independence of
magistrates.
(3) A magistrate, and any registrar exercising any of the Court's
jurisdiction or powers, must comply with the directions.
25
(4) A contravention of subsection (3) is not an offence.
page 16
Magistrates Court Bill 2003
Part 4
Administration
s. 28
28. Court may delegate to registrars
(1) Subject to section 40(3), the rules of court may delegate to a
registrar any or all of the Court's jurisdiction and powers other
than the power --
(a) in the exercise of the Court's criminal jurisdiction --
5
(i) to find a person guilty or not guilty of an offence;
(ii) to commit a person for trial or sentence to
another court;
(b) in the exercise of the Court's civil jurisdiction, to enter a
final judgment on a case after trial; or
10
(c) to find a person guilty of a contempt of the Court.
(2) The rules of court must not delegate to a deputy registrar
appointed under section 26(5) the power to constitute the Court
for any purpose except to adjourn a case where it is not
practicable for the court to be constituted in accordance with
15
section 7.
29. Appeal from decisions of registrars
(1) A person dissatisfied by a decision made by a registrar in the
exercise of any of the Court's jurisdiction or powers delegated
to the registrar under section 28 may appeal to a magistrate.
20
(2) The appeal must be commenced within 21 days after the date of
the registrar's decision and be conducted in accordance with the
rules of court.
(3) A magistrate may extend the period in subsection (2) and may
do so even if it has elapsed.
25
(4) The appeal is to be by way of a new hearing of the issue that
was before the registrar.
page 17
Magistrates Court Bill 2003
Part 5 Miscellaneous
s. 30
Part 5 -- Miscellaneous
30. Court's duties in respect of self-represented parties
In a case where a party is self-represented, the Court must
inform the party of --
(a) the need, when cross-examining a witness called by
5
another party, to ask the witness about any evidence of
which the witness or the other party has not previously
had notice that the self-represented party --
(i) intends to adduce; and
(ii) intends to allege will contradict the witness's
10
evidence;
and
(b) the consequences of not doing so.
31. Judgments, content of
(1) The Court's reasons for a judgment in a case --
15
(a) need only identify the facts that the Court has accepted
in coming to its decision and give the reasons for doing
so;
(b) need only identify the law that the Court has applied in
coming to its decision and give the reasons for doing so;
20
(c) need not canvass all the evidence given in the case; and
(d) need not canvass all the factual and legal arguments or
issues arising in the case.
(2) The fact that a judgment is given orally or in accordance with
subsection (1) is not of itself a ground for reversing or
25
modifying it on an appeal.
32. Effect of Court's summonses etc.
(1) A summons or warrant or other order of the Court has effect
according to its contents.
page 18
Magistrates Court Bill 2003
Part 5
Miscellaneous
s. 33
(2) A member of the Police Force must obey any warrant, order or
direction that is duly issued by the Court and addressed to
members of that Police Force.
(3) A member of the Police Force who contravenes subsection (2)
is to be dealt with under the Police Act 1892 section 23.
5
33. Court's records, access to
(1) In this section --
"electronic recording" means any electronic or magnetic
recording of sounds or moving images or both;
"reasons" in relation to a judgment includes sentencing
10
remarks.
(2) This section is subject to any other written law that relates to the
possession or publication of documents and other records or to
the possession of any thing.
(3) A party to a case is entitled, on request, to inspect or obtain a
15
copy of the following documents --
(a) any document that has been lodged with or issued by the
Court as required by law and that forms part of the
Court's records of the case;
(b) a copy of any document admitted as evidence in the case
20
by the Court;
(c) if an electronic recording has been made of the
proceedings and a transcript of it has been prepared, a
copy of the transcript;
(d) if no such recording was made, a copy of the record of
25
proceedings made by the person or persons constituting
the court;
(e) any written judgment (including the reasons for it)
given, or written order made, by the Court in the case.
page 19
Magistrates Court Bill 2003
Part 5 Miscellaneous
s. 33
(4) With the leave of the Court, a party to a case may --
(a) listen to or view --
(i) any electronic recording tendered to the Court in
the case; or
(ii) any electronic recording of the proceedings in
5
the case,
and obtain a copy of all or a part of such a recording;
(b) inspect or obtain a copy of any document held by the
Court in relation to the case;
(c) inspect any other thing tendered to the Court in the case
10
and, if it is practicable for the Court to make a copy of
such a thing, to obtain a copy of it.
(5) In respect of criminal proceedings in the Court, where a
conviction or order is made, or a complaint is dismissed, any
party interested therein is entitled on request --
15
(a) to receive a copy of --
(i) the complaint;
(ii) the record of proceedings;
(iii) any statement of the defendant's convictions that
is tendered in the proceedings; and
20
(iv) the conviction or order,
from the officer who has custody thereof, subject to
payment of an amount calculated in such manner as is
prescribed by regulations; and
(b) to view any exhibit in the proceedings that is in the
25
possession of an officer of a court and that is not
reasonably capable of being copied, at a time and place
appointed by that officer.
(6) In subsection (5)(a)(ii) "record of proceedings" means a
record of the evidence and proceedings however made
30
whether --
(a) taken personally by the person constituting the Court;
page 20
Magistrates Court Bill 2003
Part 5
Miscellaneous
s. 33
(b) recorded in any manner by a clerk or typist; or
(c) transcribed from a sound recording,
and includes any record of the reasons for the decision, and a
copy of any exhibit that is reasonably capable of being copied.
(7) In respect of criminal proceedings in the Court, each of the
5
following people is entitled, on request, to inspect or obtain a
copy of any document that is part of the Court's records and any
document received by the Court in sentencing proceedings --
(a) a party to the proceedings;
(b) the Commissioner of Police;
10
(c) the Director of Public Prosecutions appointed under the
Director of Public Prosecutions Act 1991;
(d) the Corruption and Crime Commission established
under the Corruption and Crime Commission Act 2003;
(e) the Chief Assessor appointed under the Criminal
15
Injuries Compensation Act 2003;
(f) the Parliamentary Commissioner for Administrative
Investigations appointed under the Parliamentary
Commissioner Act 1971;
(g) the chief executive officer of the department of the
20
Public Service principally assisting in the administration
of the licensing provisions of the Road Traffic Act 1974;
(h) a person authorised by one of the above persons;
(i) a person prescribed by the regulations.
(8) Subject to this section, the rules of court may provide for
25
unconditional or conditional access to records and things held
by the Court by parties to cases and by other persons.
(9) If under this section or the regulations a document may be
supplied to a person it may, at the request of the person, be
supplied in an electronic form.
30
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Magistrates Court Bill 2003
Part 5 Miscellaneous
s. 34
(10) The regulations may prescribe fees to be paid for inspecting,
obtaining copies of, viewing or listening to information under
this section.
(11) Nothing in this section shall be read as requiring that in any
proceedings --
5
(a) the person constituting the Court make available any
note made for their own purposes and not in discharge
of a duty to record; or
(b) a record be made of any address to the Court in the
proceedings.
10
34. Evidentiary matters
(1) It is to be presumed in respect of any case dealt with by the
Court, that the Court --
(a) was constituted according to law; and
(b) had jurisdiction to deal with the case.
15
(2) Evidence of any document that forms part of the Court's records
may be given by producing a copy of the document that is
certified by a registrar to be a true copy of the document that
forms part of the Court's records.
(3) Evidence of any proceedings in the Court or of any evidence
20
adduced before the Court may be given by producing a
certificate signed by a registrar that sets out the proceedings or
the evidence.
(4) If a document is apparently sealed with the seal of the Court, it
is to be presumed that the seal is the seal of the Court and that it
25
was properly applied to the document and that the document has
been properly issued by the Court.
(5) A document apparently signed by a magistrate is to be
presumed to have been signed by a person who was at the time a
magistrate.
30
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Magistrates Court Bill 2003
Part 5
Miscellaneous
s. 35
(6) A document apparently signed by a registrar is to be presumed
to have been signed by a person who was at the time a registrar.
(7) The presumptions in this section apply in the absence of proof
to the contrary.
35. Prerogative writs not available against the Court
5
A writ of mandamus, prohibition or certiorari may not be issued
in respect of or directed to a Court officer.
36. Supreme Court's powers to control Court
(1) If a person is or would be aggrieved by one or more of the
following --
10
(a) the failure of a Court officer to do any act or make any
order or direction --
(i) on the ground that the officer is under a duty to
do the act or make the order or direction; or
(ii) on any ground that might have justified an order
15
of mandamus;
(b) an act, order or direction that a Court officer proposes to
do or make --
(i) on the ground that it would be without
jurisdiction or power or would be an abuse of
20
process; or
(ii) on any ground that might have justified an order
of prohibition;
(c) an act, order or direction done or made by a Court
officer --
25
(i) on the ground that it was done or made without
jurisdiction or power or is an abuse of process; or
(ii) on any ground that might have justified an order
of certiorari,
the person may apply to the Supreme Court for an order (a
30
"review order") that requires the Court officer and any person
page 23
Magistrates Court Bill 2003
Part 5 Miscellaneous
s. 36
who will be affected by the act, order or direction to satisfy the
Supreme Court at a hearing that the act, order or direction
should or should not be done or made or set aside, as the case
requires.
(2) The procedure for making, and in relation to, an application
5
under subsection (1) is to be prescribed by rules of court of the
Supreme Court.
(3) On an application made under subsection (1) and rules of court
of the Supreme Court, the Supreme Court may make any review
order that is just, whether it has been applied for or not.
10
(4) If at the hearing required by a review order the Supreme Court
is not satisfied in accordance with the review order, or if it is
just to do so, it may --
(a) order that the act, order or direction be or not be done or
made or set aside, as the case requires;
15
(b) grant any relief or remedy that could have been granted
by way of a writ of mandamus, prohibition or certiorari;
(c) make any necessary consequential orders.
(5) On an application made under subsection (1) in respect of an
act, order or direction, the Supreme Court may --
20
(a) if it considers that an appeal lies under the Criminal
Procedure (Summary) Act 1902 in respect of the act,
order or direction, order the application to be treated as
if it were such an appeal and deal with the matter
accordingly;
25
(b) if it considers that an appeal lies under the Magistrates
Court (Civil Proceedings) Act 2004 in respect of the act,
order or direction, order the application to be treated as
if it were such an appeal and remit the matter to the
District Court to be dealt with accordingly.
30
page 24
Magistrates Court Bill 2003
Part 5
Miscellaneous
s. 37
(6) When dealing with an appeal under the Criminal Procedure
(Summary) Act 1902 the Supreme Court may make a review
order and, if it does, may also make an order under
subsection (4).
(7) If, when dealing with an appeal under the Magistrates Court
5
(Civil Proceedings) Act 2004, the District Court considers that a
review order ought to be made it may --
(a) remit the appeal to the Supreme Court under the District
Court of Western Australia Act 1969 section 77; or
(b) adjourn the appeal to enable an application to be made
10
to the Supreme Court --
(i) under subsection (1); or
(ii) under the District Court of Western Australia
Act 1969 section 76.
(8) A Court officer, on being served with an order made under
15
subsection (4), must obey the order.
37. Protection from personal liability for magistrates etc.
(1) Each of the following persons has the same protection and
immunity as a Judge of the Supreme Court has in the
performance of his or her duties as a Judge --
20
(a) a magistrate when performing the functions of a
magistrate;
(b) a JP when constituting and exercising the jurisdiction of
the Court;
(c) a registrar when performing functions delegated to a
25
registrar under section 28.
(2) An action in tort does not lie against a person for anything that
the person does or omits to do in good faith in carrying out, or
purporting to carry out, a warrant issued to the person by the
Court.
30
page 25
Magistrates Court Bill 2003
Part 5 Miscellaneous
s. 38
(3) The Crown is also relieved of any liability that it might
otherwise have had for another person having done anything as
described in subsection (2).
(4) The protection given by subsection (2) applies even though the
thing done as described in subsection (2) may have been
5
capable of being done whether or not this Act had been enacted.
38. Practice directions
The Chief Magistrate from time to time may issue, amend or
cancel directions (to be called practice directions) about the
practice or procedure to be followed in the Court and its
10
registries.
39. Rules of court, making
(1) The Court may make rules of court.
(2) Subsection (1) is in addition to any other enactment that
requires or permits rules of court to be made by the Court.
15
(3) The rules of court are to be made by the Chief Magistrate and at
least 3 other magistrates one of whom is to be a Deputy Chief
Magistrate if a person is appointed to that office.
(4) The rules of court --
(a) must be published in the Gazette;
20
(b) take effect from the date of publication or from any later
date or dates that are specified in the rules; and
(c) must be laid before each House of Parliament within 6
sitting days of the House next following the publication
of the rules.
25
(5) If either House of Parliament passes a resolution, of which
notice has been given at any time within 6 sitting days after the
rules have been laid before it, disallowing the whole or a part of
a rule, the rule or the part of it disallowed ceases to have effect.
page 26
Magistrates Court Bill 2003
Part 5
Miscellaneous
s. 40
(6) If the whole or a part of a rule is disallowed, the validity of any
proceedings taken or of anything done under the rule or the part
of it in the meantime is not affected.
(7) If such a resolution is passed, notice of the fact must be
published in the Gazette as soon as practicable.
5
40. Rules of court, content
(1) The rules of court may deal with any matter --
(a) that is required or permitted by this Act to be dealt with
by rules of court; or
(b) that is necessary or expedient for the Court to operate
10
efficiently, economically and expeditiously.
(2) Without limiting subsection (1) the rules of court may --
(a) regulate the custody and use of the Court's seals;
(b) regulate in which of the Court's registries cases are to be
commenced, conducted or dealt with;
15
(c) regulate the practice and procedure to be followed in the
Court and its registries;
(d) provide for documents to be lodged with or issued by
the Court, or served, in an electronic form.
(3) The rules of court must not be inconsistent with --
20
(a) this Act;
(b) the Criminal Procedure (Summary) Act 1902;
(c) the Magistrates Court (Civil Proceedings) Act 2004;
(d) any other Act that confers jurisdiction on the Court;
(e) any other Act that regulates the procedure in the Court;
25
or
(f) regulations made under those Acts.
page 27
Magistrates Court Bill 2003
Part 5 Miscellaneous
s. 41
41. Regulations
(1) The Governor may make regulations prescribing any matter that
is required or permitted by this Act to be prescribed, or that is
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
5
(2) Without limiting subsection (1), regulations may prescribe
matters about which rules of court may not be made by the
Court.
42. Fees, regulations may prescribe etc.
(1) Without limiting section 41, regulations may provide for or
10
prescribe the fees to be paid in respect of or in connection with
any case in the Court's civil or criminal jurisdiction.
(2) Without limiting subsection (1), regulations may provide for or
prescribe the fees to be paid --
(a) when commencing a case in the Court;
15
(b) when entering a case for trial or at any other stage of
proceedings in a case;
(c) when lodging a document with the Court;
(d) for the issue of any document by the Court;
(e) for the service of any document;
20
(f) in respect of the conduct of the business of any office of
or connected with the Court; and
(g) for the carrying out of any order or warrant of the Court.
(3) Regulations made under this section must not relate to fees for
or about which regulations may be made under the Civil
25
Judgments Enforcement Act 2004.
(4) All fees received by the Court are to be credited to the
Consolidated Fund.
page 28
Magistrates Court Bill 2003
Schedule 1
Provisions about magistrates
Schedule 1 -- Provisions about magistrates
[s. 5]
1. Interpretation
In this Schedule --
"Attorney General", despite section 154 of the Supreme Court
5
Act 1935, includes a reference to the Minister if --
(a) the Attorney General is unable to discharge a function
under this Schedule for any of the reasons mentioned in
that section; and
(b) the Minister is not the Attorney General;
10
"legal practitioner" has the meaning given by the Legal Practice
Act 2003.
2. Qualifications for appointment
(1) In this clause --
"legal experience" means any or any combination of the following --
15
(a) standing and practice in the State as a legal practitioner;
(b) standing and practice in another State or a Territory as a
barrister or solicitor of the Supreme Court of that State or
Territory;
(c) judicial service (including service as a judge of a court, a
20
magistrate or other judicial officer) in the State or
elsewhere in a common law jurisdiction.
(2) A person is qualified to be appointed as a magistrate of the Court if he
or she --
(a) has had at least 5 years' legal experience; and
25
(b) is under 65 years of age.
3. Appointment
(1) The Governor may appoint a person who is qualified under clause 2
as a magistrate of the Court.
page 29
Magistrates Court Bill 2003
Schedule 1 Provisions about magistrates
(2) The appointment of a magistrate is to be by a commission in the form
in Schedule 2 issued under the Public Seal of the State to the
appointee.
(3) The Governor may appoint as many magistrates as are needed to deal
with the workload of the Court.
5
4. Oath and affirmation of office
(1) Before performing any function of a magistrate, a magistrate must
take an oath or affirmation of office, in the form set out in Schedule 3,
before the Governor, a judge of the Supreme Court, or a person
authorised for the purpose by the Governor.
10
(2) If a person does not take the oath or affirmation of office within
3 months (or a longer period approved in a particular case by the
Governor) after being appointed a magistrate, the person ceases to be
a magistrate.
5. Conditions of service
15
(1) In this clause --
"remuneration" has the meaning given by the Salaries and
Allowances Act 1975.
(2) The remuneration of a magistrate is to be determined under the
Salaries and Allowances Act 1975.
20
(3) The Governor may from time to time determine the conditions of
service (other than remuneration) of a magistrate, including whether
he or she is to work full time or other than full time as a magistrate.
(4) The Chief Magistrate may, in exceptional circumstances, approve the
taking by a magistrate of paid sick leave in addition to any paid sick
25
leave that the magistrate's conditions of service may have entitled the
magistrate to take.
(5) Unless the magistrate has consented, the Governor must not determine
that a magistrate working full time is to work other than full time, or
vice versa.
30
(6) A magistrate must not work as a legal practitioner (whether for
financial reward or not), or engage in other work for financial reward,
outside the functions of a magistrate referred to in or approved under
section 6, unless permitted to do so by the Governor.
page 30
Magistrates Court Bill 2003
Schedule 1
Provisions about magistrates
(7) If immediately before being appointed as a magistrate a person is
employed in the Public Service then, on being so appointed, he or she
does not retain an entitlement to leave of any kind and is entitled to be
paid in lieu of any such entitlement to annual or long service leave.
(8) If immediately before being appointed as a magistrate a person is a
5
member of a superannuation scheme under the State Superannuation
Act 1999, he or she may continue as such despite his or her
appointment.
6. Chief Magistrate and Deputy Chief Magistrates
(1) The Governor may appoint one magistrate as the Chief Magistrate.
10
(2) The Governor may appoint as many Deputy Chief Magistrates as are
needed for the management of the Court.
(3) The Governor may cancel an appointment made under this clause at
any time.
7. Seniority
15
(1) Magistrates other than the Chief Magistrate and a Deputy Chief
Magistrate have seniority according to the dates of their appointments
as magistrates.
(2) If there are 2 or more Deputy Chief Magistrates, their seniority is to
be determined according to the dates of their appointments as Deputy
20
Chief Magistrates.
(3) If 2 or more magistrates or Deputy Chief Magistrates are appointed on
the same day, they have the seniority decided by the Governor at the
time of appointing them.
8. Acting Chief Magistrate
25
(1) In this clause, reasons for an inability to perform the functions of an
office include illness, leave, and a temporary absence from the State.
(2) If --
(a) there is no Chief Magistrate appointed; or
(b) the Chief Magistrate is unable for any reason to perform the
30
functions of the office,
page 31
Magistrates Court Bill 2003
Schedule 1 Provisions about magistrates
those functions devolve --
(c) if a person has been appointed under subclause (3) as acting
Chief Magistrate, on that person; or
(d) otherwise on the senior Deputy Chief Magistrate or, if there is
no Deputy Chief Magistrate appointed, or able for any reason
5
to perform those functions, on the most senior magistrate able
to perform those functions.
(3) If --
(a) there is no Chief Magistrate appointed;
(b) the Chief Magistrate is suspended; or
10
(c) the Chief Magistrate is, or is expected to be, for any reason
unable to perform the functions of the office,
the Governor may appoint a magistrate to act in the office of Chief
Magistrate for a period decided by the Governor and specified in the
instrument of appointment.
15
(4) The Governor may cancel an appointment made under subclause (3)
at any time.
(5) A reference in an enactment other than this Schedule to the Chief
Magistrate includes a reference to a person performing the functions
of the Chief Magistrate under this clause, unless a contrary intention
20
appears.
9. Acting magistrates
(1) In this clause --
"acting magistrate" means an acting magistrate appointed under
subclause (2).
25
(2) If the Governor is of the opinion that the workload of the Court
requires the temporary appointment of a magistrate, the Governor
may appoint as an acting magistrate --
(a) a person who is qualified under clause 2;
(b) a magistrate who is about to reach 65 years of age; or
30
(c) a person who ceased to be a magistrate on reaching 65 years
of age and who is under 70 years of age.
page 32
Magistrates Court Bill 2003
Schedule 1
Provisions about magistrates
(3) The instrument appointing an acting magistrate must specify --
(a) the period of the appointment; but the period must not extend
beyond when the appointee reaches 70 years of age;
(b) any conditions on which the appointee holds office; and
(c) the conditions of service (including remuneration within the
5
meaning of clause 5(1)) of the appointee, including whether
he or she is to work full time or other than full time as an
acting magistrate.
(4) The remuneration of an acting magistrate must not be less than that of
a magistrate appointed under clause 3 whose conditions of service
10
(other than remuneration) are the same as those of the acting
magistrate.
(5) An acting magistrate must not work as a legal practitioner (whether
for financial reward or not), or engage in other work for financial
reward, outside the functions of a magistrate referred to in or
15
approved under section 6, unless permitted to do so by the Governor.
(6) The Governor may at any time vary any matter specified in the
instrument of appointment, other than the period of appointment.
(7) Unless the acting magistrate has consented, the Governor must not
determine that an acting magistrate working full time is to work other
20
than full time, or vice versa.
(8) An acting magistrate has the same functions as a magistrate.
(9) Section 6 and clauses 4 and 12 to 16, with any necessary changes,
apply to an acting magistrate.
(10) If at the end of the period of an acting magistrate's appointment a case
25
is pending before him or her, he or she is to finish dealing with the
case and for that purpose the appointment is to be taken to be
extended until he or she has done so.
(11) A reference in an enactment other than this Schedule to a magistrate
includes a reference to an acting magistrate, unless a contrary
30
intention appears.
page 33
Magistrates Court Bill 2003
Schedule 1 Provisions about magistrates
10. Acting magistrates (SA and NT magistrates)
(1) In this clause --
"acting magistrate" means an acting magistrate appointed under
subclause (2).
(2) If the Governor is of the opinion that it is necessary to do so for the
5
administration of justice in the lands straddling the borders between
the State, South Australia and the Northern Territory, the Governor
may appoint as an acting magistrate a person who holds the office of
magistrate under the law of South Australia or the Northern Territory.
(3) The instrument appointing an acting magistrate must specify --
10
(a) the period of the appointment;
(b) the geographical area in which the acting magistrate may
perform the functions of a magistrate; and
(c) any conditions on which the appointee holds office.
(4) The Governor may at any time vary any matter specified in the
15
instrument of appointment, other than the period of appointment.
(5) The conditions of service (including remuneration within the meaning
of clause 5(1)) of an acting magistrate are those that he or she is
entitled to under the law of South Australia or the Northern Territory,
as the case may be.
20
(6) An acting magistrate has the same functions as a magistrate.
(7) Section 6 and clauses 4 and 12 to 16, with any necessary changes,
apply to an acting magistrate.
(8) A person appointed as an acting magistrate ceases to be an acting
magistrate if he or she ceases to hold the office of magistrate under
25
the law of South Australia or the Northern Territory.
(9) If at the end of the period of an acting magistrate's appointment a case
is pending before him or her, he or she is to finish dealing with the
case and for that purpose the appointment is to be taken to be
extended until he or she has done so.
30
(10) A reference in an enactment other than this Schedule to a magistrate
includes a reference to an acting magistrate, unless a contrary
intention appears.
page 34
Magistrates Court Bill 2003
Schedule 1
Provisions about magistrates
11. Tenure of office
(1) A person ceases to be a magistrate --
(a) when he or she reaches 65 years of age;
(b) if he or she resigns under clause 12;
(c) if he or she is removed from the office under clause 15.
5
(2) A magistrate who ceases to be a magistrate under subclause (1)(a)
or (b) is to finish dealing with any case that is then pending before
him or her and for that purpose the magistrate's appointment is to be
taken to be extended until he or she has done so.
12. Resignation
10
(1) A magistrate may resign from the office by sending the Governor a
signed letter of resignation.
(2) A magistrate may resign from the office of Chief Magistrate or
Deputy Chief Magistrate by sending the Governor a signed letter of
resignation.
15
(3) A resignation is not effective until the Governor has accepted it.
(4) If a resignation is accepted it takes effect when it is accepted or at any
later date stated in the letter.
(5) A person who has resigned is not precluded from again being
appointed under this Schedule.
20
13. Suspension and termination due to illness
(1) If the Attorney General is of the opinion that a magistrate is incapable
of performing satisfactorily his or her official functions due to
physical or mental incapacity, other than due to a temporary illness,
he or she may relieve the magistrate from his or her duties.
25
(2) A magistrate, while relieved from duties, must not perform any of his
or her functions as a magistrate, but is entitled to his or her full
remuneration.
(3) If the Attorney General relieves a magistrate from duties, the Attorney
General must establish a committee of the Chief Justice of Western
30
page 35
Magistrates Court Bill 2003
Schedule 1 Provisions about magistrates
Australia, or a Judge nominated by the Chief Justice, and 2 medical
practitioners (within the meaning of the Medical Act 1894) to --
(a) inquire into and report to the Attorney General on whether
the magistrate is mentally or physically incapable of carrying
out satisfactorily the duties of office; and
5
(b) make recommendations to the Attorney General about the
matter.
(4) The Attorney General may direct the magistrate to attend and be
examined by and to cooperate with the reasonable requests of the
committee.
10
(5) The magistrate must comply with such a direction.
(6) The committee is to determine the procedure governing its inquiry to
the extent it is not prescribed by the regulations.
(7) In accordance with recommendations made under subclause (3) the
Governor may --
15
(a) reinstate the magistrate to his or her duties; or
(b) terminate the magistrate's appointment.
(8) If the magistrate's appointment is terminated, it is deemed to be a
retirement on the ground of total and permanent disablement for the
purposes of the State Superannuation Act 1999.
20
14. Suspension from office due to substandard performance
(1) A proper reason for suspending a magistrate from office exists if the
magistrate --
(a) has shown incompetence or neglect in performing his or her
functions;
25
(b) has misbehaved or engaged in any conduct that renders him
or her unfit to hold office as a magistrate, whether or not the
conduct relates to those functions;
(c) has contravened section 25(3) or 27(3) or clause 13(5);
(d) is bankrupt or has applied to take the benefit of any law for
30
the relief of bankrupt or insolvent debtors, compounds with
his or her creditors or makes an assignment of salary for their
benefit.
page 36
Magistrates Court Bill 2003
Schedule 1
Provisions about magistrates
(2) The Attorney General may give a magistrate notice to show cause
why he or she should not be suspended from office if --
(a) in the case of the Chief Magistrate -- the Attorney General,
after consulting the Chief Justice of Western Australia,
alleges that a proper reason exists for suspending the Chief
5
Magistrate; or
(b) in the case of any other magistrate -- the Attorney General,
after consulting the Chief Magistrate, alleges that a proper
reason exists for suspending the magistrate.
(3) If the Attorney General gives a magistrate such a notice, the Attorney
10
General must give a copy of it to the Chief Justice.
(4) On receiving such a notice a magistrate must not perform any of his
or her functions as a magistrate unless reinstated under subclause (7),
but is entitled to be remunerated until an order is made under
subclause (7).
15
(5) When the Chief Justice receives a copy of such a notice, the Chief
Justice, or a Judge nominated by the Chief Justice --
(a) is to inquire into and report to the Attorney General about the
truth of the allegation, unless the magistrate, in writing,
admits the allegation; and
20
(b) following such an inquiry or admission, is to make
recommendations to the Attorney General about the matter
and as to whether and to what extent the magistrate should be
remunerated while suspended under any order that may be
made under subclause (7)(b).
25
(6) The person conducting an inquiry is to determine the procedure
governing the inquiry to the extent it is not prescribed by the Supreme
Court's rules of court.
(7) In accordance with recommendations made under subclause (5) the
Governor may --
30
(a) reinstate the magistrate to his or her duties; or
(b) suspend the magistrate pending consideration under clause 15
of the removal of the magistrate.
page 37
Magistrates Court Bill 2003
Schedule 1 Provisions about magistrates
(8) If under subclause (7)(b) the Governor suspends a magistrate, the
Governor must determine whether and to what extent the magistrate is
to be remunerated during the suspension.
15. Removal from office
A magistrate holds office during good behaviour but the Governor
5
may, upon the address of both Houses of Parliament, terminate a
magistrate's appointment.
16. Service counts as practice as a lawyer
Service as a magistrate, or before the commencement of this Act as a
stipendiary magistrate under the Stipendiary Magistrates Act 1957, by
10
a person who is a legal practitioner counts, for the purpose of any
written law, as time spent practising as such a legal practitioner and as
a barrister and solicitor of the Supreme Court.
page 38
Magistrates Court Bill 2003
Schedule 2
Form of commission
Schedule 2 -- Form of commission
[Sch. 1 cl. 3(2)]
[Heading for commission]
To: [name]:
1. By this commission issued under the Public Seal of the State, I, the
5
Governor, acting under the Magistrates Court Act 2004 Schedule 1
clause 3 and with the advice and consent of the Executive Council and
reposing full trust and confidence in your loyalty, learning, integrity
and ability, appoint you as a magistrate of the Magistrates Court as
from and including [date].
10
2. The office of magistrate is a judicial office with administrative
functions. You are to assist in and promote the administration of
justice and the maintenance of peace, order and good government in
the State.
3. You shall hold the office of magistrate with all the rights, powers,
15
privileges, advantages and jurisdiction that apply to it during good
behaviour and subject to the Magistrates Court Act 2004 as amended
from time to time.
Issued ...
page 39
Magistrates Court Bill 2003
Schedule 3 Oath and affirmation of office
Schedule 3 -- Oath and affirmation of office
[Sch. 1 cl. 4]
1. Oath of office
I, [name], swear, according to the religion and the beliefs I profess,
that I will faithfully serve the people and the State of Western
5
Australia in the office of a magistrate [or acting magistrate] of the
Magistrates Court and I will do right to all manner of people,
according to law, without fear or favour, affection or ill will.
Sworn at ...
2. Affirmation of office
10
I, [name], declare and affirm that I will faithfully serve the people and
the State of Western Australia in the office of a magistrate [or acting
magistrate] of the Magistrates Court and I will do right to all manner
of people, according to law, without fear or favour, affection or ill
will.
15
Affirmed at ...
page 40
Magistrates Court Bill 2003
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
acting magistrate ............................................................... Sch. 1, cl. 9(1), 10(1)
Attorney General..............................................................................Sch. 1, cl. 1
case.................................................................................................................. 3
Chief Magistrate............................................................................................... 3
contempt ....................................................................................................16(1)
Court................................................................................................................ 3
Court officer..................................................................................................... 3
courtroom......................................................................................................... 3
deal with .......................................................................................................... 3
document ...............................................................................................3, 17(1)
electronic recording....................................................................................33(1)
JP..................................................................................................................... 3
legal experience........................................................................... Sch. 1, cl. 2(1)
legal practitioner ..............................................................................Sch. 1, cl. 1
magistrate ........................................................................................................ 3
prescribed......................................................................................................... 3
reasons.......................................................................................................33(1)
record............................................................................................................... 3
registrar............................................................................................................ 3
remuneration ............................................................................... Sch. 1, cl. 5(1)
review order ...............................................................................................36(1)
rules of court .................................................................................................... 3
page 41
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