Magistrates Court (General) Amendment Rules 2008 (WA)

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8 April 2008 GOVERNMENT GAZETTE, WA 1335
JU301.*
Magistrates Court Act 2004

Magistrates Court (General) Amendment

Rules 2008

Made by the Magistrates Court.
1. Citation

These rules are the Magistrates Court (General) Amendment
Rules 2008.
2. Commencement
These rules come into operation as follows:

(a)

rules 1 and 2 — on the day on which these rules are published in the Gazette;

(b)

the rest of the rules — on the day on which the Acts Amendment (Justice) Act 2008 section 71 comes into operation.

made by lodging a Form 1.

3. The rules amended

The amendments in these rules are to the Magistrates Court
(General) Rules 2005.
4. Rules 37 to 40 replaced by rules 37 to 41A
Rules 37, 38, 39 and 40 are repealed and the following rules are inserted instead —
44

37. Request to inspect or obtain a copy of a document
(Act s. 33(3) or (7))

(1) A request under the Act section 33(3) or (7) must be

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GOVERNMENT GAZETTE, WA

8 April 2008

(2) When the request is lodged, a registrar -

(a)
satisfied that the request is being made by a
person who is entitled under the Act
must grant the request if the registrar is of the document requested;

(b)

otherwise, may list the request for hearing by a magistrate.

(3) A magistrate hearing the request may -

(a) without hearing the person making the request, grant it; or
(b) after hearing the person making the request, grant or refuse it.
38. Application for leave in respect of a court record

(1) An application for leave under the Act section 33(4)
must be made by lodging a Form 2.
(2) When the request is lodged, a registrar may grant it or
list it for hearing by a magistrate.
(3) A magistrate who is hearing the application may -

(a) without hearing the applicant, grant it; or
(b) after hearing the applicant, grant or refuse it.
39. Applications for access to information

(1) An application under the Act section 33(8) must be
made by lodging a Form 3A together with an affidavit
supporting the application.

(2) When the application is lodged, a registrar must list it

for hearing by a magistrate.

(3) Except as provided in subrule (4), a magistrate hearing
an application may -

(a) without hearing the person making the application, grant it; or
(b) after hearing the person making the application, grant or refuse it.

(4) If the application relates to information applicable to more than one registry, the Principal Registrar must prepare a report relating to the application and the
magistrate must consider that report before determining
the application.

8 April 2008 GOVERNMENT GAZETTE, WA 1337
40. Requests for outcome in a criminal case

(1) Except as provided in any order under the Criminal
Procedure Act 2004 section 171, in respect of criminal proceedings in the Court, any person is entitled, on request, to the following information relating to a case -

(a) the name of the accused;
(b) each charge against the accused;

(c)

any conviction or order made in respect of the charge;

(d)

any penalty imposed on the accused in relation to the charge.

(2) A request may be made at a registry -

(a) orally, in person or by telephone; or
(b) in writing, by mail, fax or email.

41A. Requests for access to searchable information
(I) In this rule —
"approved recipient" means a person who is
approved in writing by the Attorney General as a person entitled to receive searchable information;
"searchable information" means any of the following
information in respect of civil proceedings in the
Court -

(a) the names and addresses of the parties;
(b) the amount and nature of the claim;
(c) the amount of any judgment entered;
(d) whether the case has been discontinued.

(2) An approved recipient is entitled, on request, to obtain searchable information in relation to a case.
(3) A request under subrule (2) must be made in writing,
by mail, fax or email.

(4) When the request is lodged, a registrar must, on each
working day in the period of 12 months after the
lodgment, provide the approved recipient with such
searchable information that has not already been
provided to the recipient in relation to each case before
the Court.

(5) If suitable facilities exist at the Court to enable the
searchable information to be provided by email to an
approved recipient, then the registrar must not provide
the information except by email.

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8 April 2008

5. Rule 41 amended
Rule 41(1) is amended as follows:

(a) by inserting after "rule 37" -
46 or 40 ";

(b) by deleting "rule 39" and inserting instead -
46
rule 38 or 39 ".

6. Schedule 2 amended

(1) Schedule 2 Form 1 is deleted and the following form is inserted
instead -

1. Request to inspect or obtain copy of document from the
Court (r. 37)

Magistrates Court Act 2004 Request to inspect or obtain copy
s. 33(3), (7) of document from the Court
Magistrates Court at
No:

Person Full name
making the Address
request

Telephone Fax
Email
address
Case details

Case No. Civil/Criminal
Parties
Documents
wanted
Request by a I am a party to the above case and I would like -
party

U to inspect;
[Delete if not

U to obtain a copy of,
applicable.]
the above documents.
Request by I am not a party to the above case. I would like -
non-party

U to inspect;
U to obtain a copy of,
the above documents because the case is a criminal case
and I am a person referred to in the Magistrates Court
Act 2004 s. 33(7), namely -
[give details].

Signature of Date
person
making the
request

(2) Schedule 2 Form 2 is amended in the heading by deleting
"(r. 39)" and inserting instead -
44 (r. 38) ".

8 April 2008 GOVERNMENT GAZETTE, WA 1339
(3) After Schedule 2 Form 2 the following form is inserted —
44

3A. Application for access to information held by the Court
(r. 39)

Magistrates Court Act 2004 Application for access to
s. 33(8) information held by the Court
Magistrates Court at
No:

Applicant Full name
Address

Telephone Fax
Email
address
Case details

Case No. Civil/Criminal
Parties
Information
wanted
Application I would like —

0 to inspect;
0 to obtain a copy of;
0 to view or listen to,
the above information.
[Set out grounds for the request.]

Signature of Date
applicant

Dated: 3 April 2008.
STEVEN HEATH Chief Magistrate
E. WOODS

Deputy Chief Magistrate
PAUL M. HEANEY
Magistrate

P. G. COCKRAM
Magistrate

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Magistrates Court (General) Amendment Rules 2008 (WA)

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(a)	rules 1 and 2 — on the day on which these rules are published in the Gazette;
(b)	the rest of the rules — on the day on which the Acts Amendment (Justice) Act 2008 section 71 comes into operation.

37.	Request to inspect or obtain a copy of a document (Act s. 33(3) or (7))
(1)	A request under the Act section 33(3) or (7) must be

(a)	without hearing the person making the request, grant it; or
(b)	after hearing the person making the request, grant or refuse it.

(1)	An application for leave under the Act section 33(4) must be made by lodging a Form 2.
(2)	When the request is lodged, a registrar may grant it or list it for hearing by a magistrate.
(3)	A magistrate who is hearing the application may -

(a)	without hearing the applicant, grant it; or
(b)	after hearing the applicant, grant or refuse it.

(a)	without hearing the person making the application, grant it; or
(b)	after hearing the person making the application, grant or refuse it.

(a)	the name of the accused;
(b)	each charge against the accused;
(c)	any conviction or order made in respect of the charge;
(d)	any penalty imposed on the accused in relation to the charge.

(a)	orally, in person or by telephone; or
(b)	in writing, by mail, fax or email.

(a)	the names and addresses of the parties;
(b)	the amount and nature of the claim;
(c)	the amount of any judgment entered;
(d)	whether the case has been discontinued.

(2)	Schedule 2 Form 2 is amended in the heading by deleting "(r. 39)" and inserting instead -
44 (r. 38) ".