Courts Legislation Amendment Act 2014 (ACT)

Case

Courts Legislation Amendment Act 2014

A2014-1

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2ACT Civil and Administrative Tribunal Act 2008

4            Section 32 heading  3

5            Section 32 (1)  3

6            Section 32 (2) (a) and (b)  3

7           Applications to be heardSection 36 (a)  4

8            Section 36, note 1  4

9            Costs of proceedingsSection 48 (2) (a)  4

10          Section 48 (2) (d)  5

11          Section 48 (3), note  5

12          Interim ordersSection 53 (3)  5

13          Section 53 (4) (c)  5

14          Statement of reasonsSection 60 (2)  5

15          Making and effect of ordersNew section 61 (1) (c)  6

16          Reserving decisionsSection 62 (4) and (5)  6

Part 3Births, Deaths and Marriages Registration Act 1997

17          Notification of deaths by doctorsSection 35 (1), penalty and note  7

Part 4Coroners Act 1997

18          Coroner’s jurisdiction in relation to deathsSection 13 (1) (e)  8

19          Section 13 (1) (g)  8

20          Warrant for exhumation of body or recovery of ashesSection 27 (2) (c)  8

21          Dictionary, new definition of post-mortem examination  9

Part 5Magistrates Court Act 1930

22          New division 3.5.1  10

23          New section 90B  10

24          Committal for sentence for indictable offence tried summarilySection 92A (2)  11

25          Discharge or committal for trialNew section 94 (2) to (4)  11

26          Transfer of action from Supreme Court New section 268 (2A)  12

27          Assignment of other magistrates for Childrens Court mattersSection 291C (3) and (4)  12

28          Childrens Court may send cases to Supreme Court for sentencingNew section 291G (5)  12

29          Dictionary, new definitions  13

Part 6Supreme Court Act 1933

30          Part 8 heading  14

31          New section 68CA  14

32          Section 68D  15

33          ProcedureSection 68E  16

34          Section 68F  16

35          Dictionary, new definitions  16

36          Dictionary, definition of related summary offence  17

Courts Legislation Amendment Act 2014

A2014-1

An Act to amend legislation about courts, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Courts Legislation Amendment Act 2014.

  2. Commencement

    This Act commences on the 28th day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the following legislation:

    ·     ACT Civil and Administrative Tribunal Act 2008

    ·     Births, Deaths and Marriages Registration Act 1997

    ·     Coroners Act 1997

    ·     Magistrates Court Act 1930

    ·     Supreme Court Act 1933.

Part 2ACT Civil and Administrative Tribunal Act 2008

  1. Section 32 heading

    substitute

  2. Dismissing or striking out applications

  3. Section 32 (1)

    substitute

    (1)This section applies if the tribunal considers that an application, or part of an application is––

    (a)frivolous or vexatious; or

    (b)lacking in substance; or

    (c)otherwise an abuse of process; or

    (d)made by a person who has been dealt with by a court or tribunal in Australia as frivolous or vexatious.

  4. Section 32 (2) (a) and (b)

    after

    application

    insert

    or part of the application

  5. Applications to be heard
    Section 36 (a)

    after

    application

    insert

    , or part of the application,

  6. Section 36, note 1

    after

    application

    insert

    , or part of an application,

  7. Costs of proceedings
    Section 48 (2) (a)

    substitute

    (a)if the tribunal decides an application in favour of the applicant, the tribunal may order the other party to pay the applicant––

    (i)the filing fee for the application; and

    (ii)any other fee incurred by the applicant that the tribunal considers necessary for the application; or

    Examples––subpar (ii)

    ·a fee for a business name or company search

    ·a filing fee for a subpoena

    ·hearing fees

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  8. Section 48 (2) (d)

    omit

    Frivolous and vexatious applications

    substitute

    Dismissing or striking out applications

  9. Section 48 (3), note

    omit

  10. Interim orders
    Section 53 (3)

    substitute

    (3)An interim order remains in force until the tribunal—

    (a)orders otherwise; or

    (b)makes an order at the end of the hearing to which the interim order relates.

  11. Section 53 (4) (c)

    omit

  12. Statement of reasons
    Section 60 (2)

    after

    reasons

    insert

    or a transcript of an oral statement of reasons

  13. Making and effect of orders
    New section 61 (1) (c)

    insert

    (c)made available to the parties to the application at a time and place decided by the tribunal.

  14. Reserving decisions
    Section 62 (4) and (5)

    substitute

    (4)The tribunal or tribunal member may deliver the statement by making it available to the parties at a time and place decided by the tribunal or member.

Part 3Births, Deaths and Marriages Registration Act 1997

  1. Notification of deaths by doctors
    Section 35 (1), penalty and note

    substitute

    (c)has considered information about the deceased person’s medical history and the circumstances of the deceased person’s death and is able to form an opinion as to the probable cause of death.

    Maximum penalty:  5 penalty units.

    Examples––par (c)

    ·     examining medical records or speaking to the deceased person’s treating doctor

    ·     account of someone who was with the deceased person when the person died or who discovered the deceased person’s body

    Note 1If a form is approved under s 69 for a notice, the form must be used.

    Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 4Coroners Act 1997

  1. Coroner’s jurisdiction in relation to deaths
    Section 13 (1) (e)

    omit

    72

    substitute

    24

  2. Section 13 (1) (g)

    omit

    3

    substitute

    6

  3. Warrant for exhumation of body or recovery of ashes
    Section 27 (2) (c)

    after

    a post-mortem

    insert

    examination

  4. Dictionary, new definition of post-mortem examination

    insert

    post-mortem examination means the inspection of a body to determine the cause of death and may, but need not, include dissection of the body.

    Examples

    ·     external post-mortem examination, including taking skin or other samples

    ·     post-mortem examination using computed tomography (CT)

    ·     post-mortem examination using magnetic resonance imaging (MRI)

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 5Magistrates Court Act 1930

  1. New division 3.5.1

    insert

Division 3.5.1           Dispensing with application of part

88ADispensing with application of part in interests of justice

The court may dispense with the application of 1 or more provisions of this part to a proceeding if it considers it necessary or expedient to do so in the interests of justice.

  1. New section 90B

    insert

90BBack-up and related offences––transfer to Supreme Court

(1)This section applies if a person (the accused person)––

(a)is committed for trial under section 90A (7); and

(b)has been charged with a back-up or related offence.

NoteBack-up offence and related offence––see the dictionary.

(2)The prosecutor must tell the court about the back-up or related offence.

(3)The court must transfer the proceeding for the back-up or related offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8 (Back-up and related offences).

(4)Subsection (3) does not prevent the accused person being charged with an offence after committal under section 90A (7).

(5)However, if the accused person is charged with a back-up or related offence after committal under section 90A (7), the court must transfer the proceeding for the offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8.

  1. Committal for sentence for indictable offence tried summarily
    Section 92A (2)

    substitute

    (2)If the court commits a person for sentence under subsection (1), the court must––

    (a)deal with the person in the same way as a person who is committed for trial under section 94 (1) (b) (Discharge or committal for trial); and

    (b)if the person has been charged with a back-up or related offence––deal with the back-up or related offence in accordance with section 94 (2).

  2. Discharge or committal for trial
    New section 94 (2) to (4)

    before the notes, insert

    (2)If the accused person is committed for trial under subsection (1) and has been charged with a back-up or related offence––

    (a)the prosecutor must tell the court about the back-up or related offence; and

    (b)the court must transfer the proceeding for the back-up or related offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8 (Back-up and related offences).

    (3)Subsection (2) does not prevent the accused person being charged with an offence after committal under subsection (1) (b).

    (4)However, if the accused person is charged with a back-up or related offence after committal under subsection (1) (b), the court must transfer the proceeding for the offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8.

  3. Transfer of action from Supreme Court
    New section 268 (2A)

    insert

    (2A)The Supreme Court may make an order under subsection (2) if, when the application for transfer is made, the cause of action could have been properly begun in the Magistrates Court.

  4. Assignment of other magistrates for Childrens Court matters
    Section 291C (3) and (4)

    omit

  5. Childrens Court may send cases to Supreme Court for sentencing
    New section 291G (5)

    insert

    (5)Also, if the Childrens Court makes an order under subsection (2), the Childrens Court must, if the person has been charged with a back-up or related offence, deal with the back-up or related offence in accordance with section 94 (2) (Discharge or committal for trial) in the same way as a person who is committed for trial under that section.

  6. Dictionary, new definitions

    insert

    back-up offence, in relation to an indictable offence––see the Supreme Court Act 1933, section 68CA.

    related offence, in relation to an indictable offence––see the Supreme Court Act 1933, section 68CA.

Part 6Supreme Court Act 1933

  1. Part 8 heading

    substitute

Part 8Back-up and related offences

  1. New section 68CA

    in part 8, insert

68CADefinitions––pt 8

In this part:

back-up offence, in relation to an indictable offence (the first indictable offence), means an offence––

(a)that is––

(i)a summary offence; or

(ii)an indictable offence that is capable of being dealt with summarily by the Magistrates Court under the Magistrates Court Act 1930, part 3.6 (Proceedings for offences punishable summarily); and

(b)at least some of the elements of which are similar to the elements that constitute the first indictable offence; and

(c)that is to be prosecuted on the same facts as the first indictable offence.

related offence, in relation to an indictable offence (the first indictable offence), means an offence, other than a back-up offence—

(a)that is––

(i)a summary offence; or

(ii)an indictable offence that is capable of being dealt with summarily by the Magistrates Court under the Magistrates Court Act 1930, part 3.6 (Proceedings for offences punishable summarily); and

(b)that arises from substantially the same circumstances as those from which the first indictable offence has arisen.

  1. Section 68D

    substitute

68DBack-up and related offences

(1)This section applies in the following circumstances:

(a)if the Magistrates Court commits an accused person for trial or sentencing to the Supreme Court under any of the following provisions of the Magistrates Court Act 1930:

(i)section 90B (Back-up and related offences––transfer to Supreme Court);

(ii)section 92A (1) (Committal for sentence for indictable offence tried summarily);

(iii)section 94 (1) (b) (Discharge or committal for trial);

(iv)section 291G (2) (Childrens Court may send cases to Supreme Court for sentencing);

(b)at the conclusion of the trial of an accused person for an indictable offence, or in the course of a sentencing proceeding.

(2)The court must deal with any back-up or related offence with which the accused person has been charged if the court considers that it is in the interests of justice.

(3)The court may deal with a back-up or related offence with which an accused person has been charged even though it is not doing so in relation to a back-up or related offence with which another accused person in the same proceedings is charged.

  1. Procedure
    Section 68E

    omit

    related summary offence

    substitute

    back-up or related offence

  2. Section 68F

    substitute

68FRemission of back-up and related offences to Magistrates Court

The court may, at any time, remit a back-up or related offence being dealt with under this part to the Magistrates Court.

  1. Dictionary, new definitions

    insert

    back-up offence, in relation to an indictable offence––for part 8 (Back-up and related offences)––see section 68CA.

    related offence, in relation to an indictable offence––for part 8 (Back-up and related offences)––see section 68CA.

  2. Dictionary, definition of related summary offence

    omit

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 28 November 2013.

  2. Notification

    Notified under the Legislation Act on 5 March 2014.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Courts Legislation Amendment Bill 2014, which originated in the Legislative Assembly as the Courts Legislation Amendment Bill 2013 and was passed by the Assembly on 25 February 2014.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2014

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