Justice Regulations Amendment (Fee Relief) Regulations 2018 (WA)
20 July 2018 GOVERNMENT GAZETTE, WA 2621 JUSTICE
JU301
Children's Court of Western Australia Act 1988
Civil Judgments Enforcement Act 2004
Coroners Act 1996
District Court of Western Australia Act 1969
Magistrates Court Act 2004
State Administrative Tribunal Act 2004
Supreme Court Act 1935
Justice Regulations Amendment (Fee Relief)
Regulations 2018
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Justice Regulations Amendment (Fee
Relief) Regulations 2018.2. Commencement
These regulations come into operation as follows —
regulation 9B(1).
(a) regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
Part 2 — Children's Court (Fees) Regulations 2005
amended
3. Regulations amended
This Part amends the Children's Court (Fees) Regulations 2005.4. Regulation 8 amended
In regulation 8(2)(f) delete "regulation 9B(1)(b)." and insert:
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5. Regulation 9A amended
In regulation 9A( 1) delete "that the person is an eligible individual in respect of a matter specified in Schedule 1." and insert:
that, in respect of a matter specified in Schedule 1, the person is
an eligible individual described in regulation 8(2)(f).6. Regulation 9B amended
Delete regulation 9B( I) and insert:
(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.
Part 3 - Civil Judgments Enforcement Regulations 2005 amended
7. Regulations amended
This Part amends the Civil Judgments Enforcement
Regulations 2005.8. Regulation 107C amended
(1) In regulation 107C(2)(f) delete "regulation 107E(l)(b)." and
insert: regulation 1 07E( 1). (2) In regulation 107C(3)(b) delete "regulation 107E(2)(b)." and
insert:regulation 107E(2).
20 July 2018 GOVERNMENT GAZETTE, WA 2623 9. Regulation 107D amended
In regulation 1071)(1):
(a) in paragraph (a) delete "that the person is an eligible
individual in respect of a matter specified in Schedule 1;
or" and insert:that, in respect of a matter specified in Schedule 1, the
person is an eligible individual described in
regulation 107C(2)(f); or(b) in paragraph (b) delete "that the person is an eligible entity in respect of a matter specified in Schedule 1." and insert: that, in respect of a matter specified in Schedule 1, the
person is an eligible entity described in
regulation 107C(3)(b).10. Regulation 107E amended
Delete regulation 107E(1) and (2) and insert:
(1) On an application under regulation 1071)(1)(a) the
court or a registrar of the court may direct that a person
is an eligible individual described in
regulation 107C(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) On an application under regulation 107D(I)(b) the
court or a registrar of the Court may direct that a person
is an eligible entity described in regulation I 07C(3)(b)
if satisfied that the person should be required to pay
only an eligible entity fee in respect of the matter for
either, or both, of the following reasons -
(a) financial hardship; (b) the interests of justice.
11. Schedule 4 amended
In Schedule 4 in Form 4 delete "If you are applying for a fee reduction because of financial hardship or in the interests of justice, please" and insert:
Please
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Part 4— Coroners Regulations 1997 amended
12. Regulations amended
This Part amends the Coroners Regulations 1997.
13. Regulation 23B amended
In regulation 23B(2)(f) delete "regulation 23D(1)(b)." and insert:
regulation 231)(1).
14. Regulation 23C amended
In regulation 23C(1) delete "that the person is an eligible individual in respect of a matter specified in Schedule 3." and insert:
that, in respect of a matter specified in Schedule 3, the person is
an eligible individual described in regulation 23B(2)(f).15. Regulation 23D amended
Delete regulation 231)(1) and insert:
(1) On an application under regulation 23C(1) a coroner or
a coroner's registrar may direct that a person is an
eligible individual described in regulation 23B(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.
Part 5 - District Court (Fees) Regulations 2002
amended
16. Regulations amended
This Part amends the District Court (Fees) Regulations 2002.17. Regulation 7 amended
(1) In regulation 7(2)(f) delete "regulation 8A(1)(b)." and insert: regulation 8A(1).
20 July 2018 GOVERNMENT GAZETTE, WA 2625
(2) In regulation 7(3)(b) delete "regulation 8A(2)(b)." and insert:
regulation 8A(2).18. Regulation 8 amended
In regulation 8(1):
(a) in paragraph (a) delete "that the person is an eligible individual in respect of a matter referred to in Schedule 1; or" and insert: that, in respect of a matter referred to in Schedule 1, the
person is an eligible individual described in
regulation 7(2)(f); or(b) in paragraph (b) delete "that the person is an eligible entity in respect of a matter referred to in Schedule 1." and insert: that, in respect of a matter referred to in Schedule 1, the
person is an eligible entity described in
regulation 7(3)(b).19. Regulation 8A amended
Delete regulation 8A(1) and (2) and insert:
(1) On an application under regulation 8(1)(a) the Court or
a registrar may direct that a person is an eligible
individual described in regulation 7(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)
On an application under regulation 8(1)(b) the Court or a registrar may direct that a person is an eligible entity described in regulation 7(3)(b) if satisfied that the
person should be required to pay only an eligible entity
fee in respect of the matter for either, or both, of the
following reasons -
(a) financial hardship; (b) the interests of justice.
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20. Regulation 9 amended
In regulation 9(5) delete "waived or deferred under regulation 8A." and insert:
deferred under regulation 6(2).
21. Schedule 3 amended
In Schedule 3 in Form 2 delete "If you are applying for a fee reduction because of financial hardship or in the interests of justice, please" and insert:
Please
Part 6 - Magistrates Court (Fees) Regulations 2005
amended
22. Regulations amended
This Part amends the Magistrates Court (Fees)
Regulations 2005.23. Regulation 8 amended
(1) In regulation 8(2)(f) delete "regulation 9B(1)(b)." and insert: regulation 913(1). (2) In regulation 8(3)(b) delete "regulation 913(2)(b)." and insert:
regulation 913(2). 24. Regulation 9A amended
In regulation 9A(l):
(a) in paragraph (a) delete "that the person is an eligible
individual in respect of a matter specified in Schedule 1;
or" and insert:that, in respect of a matter specified in Schedule 1, the
person is an eligible individual described in
regulation 8(2)(f); or
20 July 2018 GOVERNMENT GAZETTE, WA 2627
(b) in paragraph (b) delete "that the person is an eligible entity in respect of a matter specified in Schedule 1." and insert: that, in respect of a matter specified in Schedule 1, the
person is an eligible entity described in
regulation 8(3)(b).25. Regulation 9B amended
Delete regulation 9B(1) and (2) and insert:
(1) On an application under regulation 9A(1)(a) 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) On an application under regulation 9A(1)(b) the Court
or a registrar may direct that a person is an eligible
entity described in regulation 8(3)(b) if satisfied that
the person should be required to pay only an eligible
entity fee in respect of the matter for either, or both, of
the following reasons -
(a) financial hardship; (b) the interests of justice.
26. Regulation 10 amended
In regulation 10 delete "waived or reduced under regulation 8" and insert:
waived under regulation 627. Regulation 11 amended
In regulation 11 delete "waived or reduced under regulation 8" and insert:
waived under regulation 6
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Part 7— State Administrative Tribunal
Regulations 2004 amended
28. Regulations amended
This Part amends the State Administrative Tribunal
Regulations 2004.29. Regulation 9A amended
(1) In regulation 9A(2)(f) delete "regulation 9C( 1 )(b)." and insert: regulation 9C(1). (2) In regulation 9A(3)(b) delete "regulation 9C(2)(b)." and insert: regulation 9C(2). 30. Regulation 9B amended
In regulation 913(1):
(a)
in paragraph (a) delete "that the person is an eligible individual in respect of a matter specified in a fee item; or" and insert:
that, in respect of a matter specified in a fee item, the
person is an eligible individual described in
regulation 9A(2)(f); or(b)
in paragraph (b) delete "that the person is an eligible entity in respect of a matter specified in fee item." and insert:
that, in respect of a matter specified in a fee item, the person is an eligible entity described in
regulation 9A(3)(b).
31. Regulation 9C amended
Delete regulation 9C(1) and (2) and insert:
(1) On an application under regulation 9B(1)(a) the
executive officer may direct that a person is an eligible
individual described in regulation 9A(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.
20 July 2018 GOVERNMENT GAZETTE, WA 2629
(2) On an application under regulation 9B(1)(b) the
executive officer may direct that a person is an eligible
entity described in regulation 9A(3)(b) if satisfied that
the person should be required to pay only an eligible
entity fee in respect of the matter for either, or both, of
the following reasons -
(a) financial hardship; (b) the interests of justice.
Part 8 - Supreme Court (Fees) Regulations 2002
amended
32. Regulations amended
This Part amends the Supreme Court (Fees) Regulations 2002.
33. Regulation 7 amended
(1) In regulation 7(2)(f) delete "regulation 8A(1)(b)." and insert:
regulation 8A(1).(2) In regulation 7(3)(b) delete "regulation 8A(2)(b)." and insert: regulation 8A(2). 34. Regulation 8 amended
In regulation 8(1):
(a)
in paragraph (a) delete "that the person is an eligible individual in respect of a matter specified in Schedule 1;
or" and insert: that, in respect of a matter specified in Schedule 1, the
person is an eligible individual described in
regulation 7(2)(f); or
(b)
in paragraph (b) delete "that the person is an eligible entity in respect of a matter specified in Schedule 1." and insert:
that, in respect of a matter specified in Schedule 1, the
person is an eligible entity described in
regulation 7(3)(b).
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35. Regulation 8A amended
Delete regulation 8A(1) and (2) and insert:
(1) On an application under regulation 8(1)(a) the Court or
a registrar may direct that a person is an eligible
individual described in regulation 7(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)
On an application under regulation 8(1)(b) the Court or a registrar may direct that a person is an eligible entity described in regulation 7(3)(b) if satisfied that the
person should be required to pay only an eligible entity
fee in respect of the matter for either, or both, of the
following reasons —
(a) financial hardship; (b) the interests of justice.
36. Schedule 4 amended
In Schedule 4 in Form 2 delete "If you are applying for a fee reduction because of financial hardship or in the interests of justice, please" and insert:
Please
R. NEILSON, Clerk of the Executive Council.
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