Children's Court (Fees) Regulations 2005 (WA)
Western Australia
Children’s Court of Western Australia Act 1988
Western Australia
Children’s Court of Western Australia Act 1988
These regulations are the
These regulations come into operation on the day on which the
In these regulations unless the contrary intention appears —
(1) Subject to the provisions of these regulations, the fees specified in Schedule 1 are to be charged in respect of the matters referred to in the Act section 53 in relation to which they are applicable.
(2A) In relation to a matter specified in an item in Schedule 1 —
(a) the fee payable by an individual who is not an eligible individual is the fee shown in column A for that item; or
(b) the fee payable by an eligible individual is the eligible individual fee for that item.
(2) A note to an item in Schedule 1 has effect according to its tenor as if it were a provision of these regulations.
A person is not required to pay a fee in respect of the following —
(a) an application under the
Restraining Orders Act 1997 for a family violence restraining order or violence restraining order or to vary or cancel a family violence restraining order or violence restraining order;(b) an application under the
Prohibited Behaviour Orders Act 2010 for a prohibited behaviour order or to vary or cancel a prohibited behaviour order;(c) civil proceedings under the
Criminal Law (Mental Impairment) Act 2023 ;(d) a matter if —
(i) a written law provides that the person is not required to pay a fee in respect of a matter of that type; or
(ii) the person has not reached 18 years of age on the day the fee would otherwise be payable.
(1) This regulation applies to —
(a) proceedings in the Court’s criminal jurisdiction; and
(b) proceedings under the
Restraining Orders Act 1997 .
(2) In this regulation —
(3) If —
(a) proceedings are instituted or taken —
(i) by a police officer; or
(ii) by an officer of a department as defined in the
Public Sector Management Act 1994 section 3(1) on behalf of that department;
or
(b) a member of the State Solicitor’s Office acts or appears on behalf of a board or other body,
the appropriate prescribed fees are payable only upon conviction of and recovery from the accused or the making of a restraining order and recovery from the respondent.
[(4) deleted]
(1) In this regulation —
(a) means the person who made the application; and
(b) if the application was made on behalf of another person — includes that person;
(2) Subregulation (3) applies in relation to an application for an FVRO or a VRO if —
(a) no decision has been made on the application; or
(b) the application was dismissed; or
(c) an interim order was made and the order is still in force.
(3) A registrar must waive the fee under Schedule 1 Division 1 item 6(a) for a copy of the application when requested by the applicant or the respondent if the applicant or respondent (as is relevant) has not previously obtained a copy of the application.
(4) Subregulation (5) applies in relation to the hearing of an application for an FVRO or a VRO at which —
(a) the application was dismissed; or
(b) an interim order was made and the order —
(i) is still in force; or
(ii) has become a final order under the
Restraining Orders Act 1997 section 32(2).
(5) A registrar must waive the fee under Schedule 1 Division 1 item 7(a) for a copy of the transcript of the hearing, or a part of the transcript, when requested by the applicant or the respondent if the applicant or respondent (as is relevant) has not previously obtained a copy of the transcript or part.
A registrar may waive the fee for an application under the
(1) This regulation applies to proceedings in the Court’s civil jurisdiction.
(2) Subject to the provisions of these regulations —
(a) an application or other document must not be filed, issued or otherwise dealt with; and
(b) no other matter or thing is to be done in the Court or by an officer of the Court,
unless the fee, if any, payable upon or in respect of filing, sealing, issuing or otherwise dealing with that application or other document or upon or in respect of the doing of that matter or thing, has been paid.
(1) In this regulation —
(2) An eligible individual is —
(a) an individual who holds one or more of the following cards issued by Centrelink —
(i) a health care card;
(ii) a health benefit card;
(iii) a pensioner concession card;
(iv) a Commonwealth seniors health card;
or
(b) an individual who holds any other card issued by Centrelink or the Department of Veterans’ Affairs of the Commonwealth that certifies entitlement to Commonwealth health concessions; or
(c) an individual who is in receipt of a youth training allowance, or an AUSTUDY allowance, as defined in the
Social Security Act 1991 (Commonwealth) section 23(1); or(d) an individual who is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or
(e) an individual who has been granted legal aid under the
Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or(f) an individual who the Court or a registrar has directed is an eligible individual under regulation 9B(1).
(1) A person may apply for a direction under regulation 9B(1) that, in respect of a matter specified in Schedule 1, the person is an eligible individual described in regulation 8(2)(f).
(2) An application is to be in the approved form and is to specify the matter in respect of which the individual is seeking to pay the eligible individual fee.
(3) Despite anything else in these regulations, a fee is not to be charged in respect of an application under subregulation (1).
(1) On an application under regulation 9A(1) the Court or a registrar may direct that a person is an eligible individual described in regulation 8(2)(f) if satisfied that the person should be required to pay only an eligible individual fee in respect of the matter for either, or both, of the following reasons —
(a) financial hardship;
(b) the interests of justice.
(2) The Court or a registrar may, before an application is determined, direct the applicant to provide to the registrar or the Court further information relating to the application.
(3) A direction to provide further information —
(a) may be made in writing or orally; and
(b) may require that the information is provided either in writing or orally.
(1) A person who makes a statement or representation in an application made under these regulations, or provides further information in relation to an application, that the person knows or has reason to believe is false or misleading in a material particular commits an offence.
Penalty for this subregulation: a fine of $1 000.
(2) The Court or a registrar may revoke a direction made under regulation 9B(1) if satisfied, having given the person an opportunity to make a written submission, that the person has contravened subregulation (1).
(3) If a direction is revoked under subregulation (2), the Court or registrar may —
(a) order that the person in respect of whom the direction was made pay the difference between the fee the person paid and the fee that would otherwise have been payable by the person; and
(b) make an order to enforce the order for the payment.
(4) An order under subregulation (3)(b) may include orders relating to the future conduct of the matter to which the fees relate or the effect of anything that has been done in respect of the matter until the sum ordered to be paid has been paid.
(1) A judge or magistrate presiding in a proceeding may order the refund of the difference between the amount of a fee paid by a person in respect of the proceeding and the amount of the fee that the person was entitled to be charged under these regulations in respect of the proceedings.
(2) A registrar may refund to a person the amount of a fee, or part of a fee, paid by the person if the amount was paid in error.
The Court or a registrar may waive a fee referred to in Schedule 1 Division 1 item 6(a) or 7 if the Court or registrar is satisfied that the waiving of the fee would assist in the efficient operation of the Court.
(1) If a question arises as to the fee payable or applicable in a particular case, that question is to be determined by a registrar.
(2) An application for a determination under subregulation (1) is to be in the approved form.
(3) Any person affected by the determination under subregulation (1) may have it reviewed by the Court in a summary manner.
(4) Despite the provisions of these regulations, no fee is payable in relation to the determination of a question under subregulation (1) or a review under subregulation (3).
Any unpaid fee is a debt due to the State and may be recovered by action in a court of competent jurisdiction.
[r. 4]
1. | (a) For every order or conviction drawn up in the Court’s criminal jurisdiction | 26.10 | 7.85 |
(b) Issue of a duplicate document or order | 26.10 | 7.85 | |
2. | For the service of an application, summons, originating process, notice or order of the Court or another process requiring service | 114.50 | 114.50 |
Note for this item: The fee is payable whether or not the service is successful and covers up to 3 attempts at service at the same address. | |||
3. | If it is necessary to travel to execute a warrant or other process, or serve a summons, order of the Court, other process or document, or make an arrest or for all attempts, attendances and inspections, from the enforcement officer’s office or nearest police station — | ||
(a) for each kilometre travelled (1 way) in a metropolitan area | 2.65 | 2.65 | |
(b) for each kilometre travelled (1 way) outside a metropolitan area | 3.00 | 3.00 | |
Note for this item: If more than 1 process or document is executed or served by an enforcement officer at the same time on the same person, or on different persons at the same address, only 1 fee for kilometres travelled is chargeable. | |||
4. | (a) For searching a record or proceeding (other than a search by or on behalf of a party to the proceedings in the Court’s civil jurisdiction) | 66.50 | 19.95 |
(b) For listening to or viewing an electronic recording that requires supervision by an officer of the Court — (i) a search fee | 66.50 | 19.95 | |
(ii) in addition to the search fee, for each hour of the officer’s time | 161.50 | 48.40 | |
5. | (a) On an application or summons for the production of records or documents that are required to be produced to a court, tribunal, arbitrator or umpire | 97.00 | 29.10 |
(b) If an officer is required to attend at a court or place out of the Court building where the officer is based | The officer’s reasonable expenses approved by the Registrar plus 146.50 for each hour the officer is necessarily absent from the officer’s office | The officer’s reasonable expenses approved by the Registrar plus 43.90 for each hour the officer is necessarily absent from the officer’s office | |
6. | (a) Copies of documents or exhibits, for each page or part of a page | 2.75 | 0.85 |
(b) For a copy of reasons for judgment — (i) for each copy issued to a person, other than a party to the proceedings | 23.00 | 6.90 | |
(ii) for each copy in excess of 1 copy issued to a party to the proceedings | 23.00 | 6.90 | |
(iii) for each copy consisting of 10 or more pages, an additional fee per page | 2.95 | 0.90 | |
(c) Additional fee for certifying that a document is a true copy | 30.30 | 9.10 | |
Note for this item: The fee under paragraph (a) for a copy of an application is not payable if circumstances under regulation 6(4) exist. | |||
7. | (a) For providing a transcript, or part of a transcript — | ||
(i) provided within 1 day after the day on which the fee is paid | 30.50 plus 12.60 per page | 9.15 plus 3.80 per page | |
(ii) provided within 2 days after the day on which the fee is paid | 30.50 plus 11.55 per page | 9.15 plus 3.45 per page | |
(iii) provided within 4 days after the day on which the fee is paid | 30.50 plus 10.90 per page | 9.15 plus 3.25 per page | |
(iv) provided within 7 days after the day on which the fee is paid | 30.50 plus 10.55 per page | 9.15 plus 3.15 per page | |
(v) provided within 14 days after the day on which the fee is paid | 30.50 plus 8.90 per page | 9.15 plus 2.65 per page | |
(vi) provided on a running basis (i.e. periodically throughout or following the day of the proceedings) | 30.50 plus 13.35 per page | 9.15 plus 4.00 per page | |
(b) For providing a copy of a transcript, or part of a transcript, if the transcript or part has been provided to the person requesting the copy — | |||
(i) electronic format | 31.90 per copy | 9.55 per copy | |
(ii) paper copy | 3.20 per page | 0.95 per page | |
Note for this item: Fees under this item are payable in the case of an indictable offence dealt with summarily. | |||
1. | On filing an application for a misconduct restraining order under the | 190.50 | 57.00 |
2. | On the execution of an arrest warrant of any kind — | ||
(a) for arresting the person | 211.00 | 211.00 | |
(b) for conveying the person to a court or a custodial place and releasing the person from arrest or custody | 209.00 | 209.00 | |
(c) for each 30 minutes after 2 hours and 30 minutes that an enforcement officer is required to keep the person in custody until the person is conveyed to a court or a custodial place | 55.00 | 55.00 | |
Notes for this item: 1. The fee under paragraph (a) is payable whether or not the Sheriff’s functions under the warrant are performed and includes up to 3 attempts to perform the functions at the same address. | |||
2. The fee under paragraph (a) includes the costs of — (a) receiving and printing the warrant; and (b) attendances and inquiries before attempting arrest; and (c) giving any notice; and (d) making any report. | |||
3. | On filing an application for an extraordinary licence under the | 255.00 | 76.50 |
1. | On filing — | ||
(a) a prosecution notice | 160.50 | 48.10 | |
(b) an application under the | 160.50 | 48.10 | |
2. | For the issue of a summons or court hearing notice to an accused | 30.80 | 9.25 |
3. | For a warrant of any kind — | ||
(a) issue of warrant | 160.50 | 48.10 | |
(b) execution of warrant | 209.00 | 209.00 |
This is a compilation of the
28 Apr 2005 p. 1415‑33 | 1 May 2005 (see r. 2 and | |
30 Aug 2005 p. 4054 | 30 Aug 2005 | |
23 Jun 2006 p. 2181‑3 | 1 Jul 2006 (see r. 2) | |
26 Jun 2007 p. 3040‑1 | r. 1 and 2: 26 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)) | |
11 Mar 2008 p. 817 | r. 1 and 2: 11 Mar 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Mar 2008 (see r. 2(b)) | |
27 Jun 2008 p. 3070‑2 | r. 1 and 2: 27 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b)) | |
9 Jun 2009 p. 1925 | r. 1 and 2: 9 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Jun 2009 (see r. 2(b)) | |
4 Sep 2009 p. 3483-5 | r. 1 and 2: 4 Sep 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Sep 2009 (see r. 2(b)) | |
8 Mar 2011 p. 791‑2 | r. 1 and 2: 8 Mar 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Mar 2011 (see r. 2(b)) | |
20 Dec 2011 p. 5390‑2 | r. 1 and 2: 20 Dec 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Dec 2011 (see r. 2(b)) | |
27 Mar 2012 p. 1505 | r. 1 and 2: 27 Mar 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Mar 2012 (see r. 2(b)) | |
30 Nov 2012 p. 5794‑5 | r. 1 and 2: 30 Nov 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Dec 2012 (see r. 2(b)) | |
15 Nov 2013 p. 5250‑2 | r. 1 and 2: 15 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 16 Nov 2013 (see r. 2(b)) | |
27 Jun 2014 p. 2333-4 | r. 1 and 2: 27 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)(i)) | |
19 Jun 2015 p. 2114‑15 | r. 1 and 2: 19 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)(i)) | |
14 Jun 2016 p. 1849‑986 | 4 Jul 2016 (see r. 2(b)) | |
27 Jun 2017 p. 3432‑5 | 1 Jul 2017 (see r. 2(b)) | |
7 Jul 2017 p. 3721‑98 | 8 Jul 2017 (see r. 2(b)(ii)) | |
9 Feb 2018 p. 401‑5 | 10 Feb 2018 (see r. 2(b)) | |
15 Jun 2018 p. 1963‑2049 | 1 Jul 2018 (see r. 2(b)) | |
20 Jul 2018 p. 2621‑30 | 21 Jul 2018 (see r. 2(b)) | |
7 Dec 2018 p. 4667‑74 | 18 Dec 2018 (see r. 2(b)(i)) | |
12 Mar 2019 p. 666‑9 | 13 Mar 2019 (see r. 2(b)) | |
28 Jun 2019 p. 2553‑642 | 1 Jul 2019 (see r. 2(b)) | |
SL 2020/124 31 Jul 2020 | 1 Aug 2020 (see r. 2(b)) | |
SL 2021/101 29 Jun 2021 | 1 Jul 2021 (see r. 2(b)) | |
SL 2021/155 10 Sep 2021 | 11 Sep 2021 (see r. 2(b)) | |
SL 2022/111 30 June 2022 | 1 Jul 2022 (see r. 2(b)) | |
SL 2022/145 26 Aug 2022 | 27 Aug 2022 (see r. 2(b)) | |
SL 2023/120 2 Aug 2023 | 3 Aug 2023 (see r. 2(b)) | |
SL 2024/113 26 Jun 2024 | 1 Jul 2024 (see r. 2(b)) | |
SL 2024/174 21 Aug 2024 | 1 Sep 2024 (see r. 2(b)) | |
SL 2024/254 11 Dec 2024 | 12 Dec 2024 (see r. 2(b)) | |
SL 2025/111 25 Jun 2025 | 1 Jul 2025 (see r. 2(b)) | |
applicant................................................................................................................. 6AA(1)
approved form.................................................................................................................. 3
Centrelink..................................................................................................................... 8(1)
civil jurisdiction............................................................................................................... 3
criminal jurisdiction........................................................................................................ 3
deputy registrar................................................................................................................. 3
eligible individual............................................................................................................ 3
eligible individual fee...................................................................................................... 3
enforcement officer......................................................................................................... 3
FVRO...................................................................................................................... 6AA(1)
interim order.......................................................................................................... 6AA(1)
prosecution notice............................................................................................................ 3
respondent.................................................................................................... 6(2), 6AA(1)
VRO........................................................................................................................ 6AA(1)
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