Magistrates Courts Act 1921
An Act to amend the laws relating to the jurisdiction of magistrates and justices of the peace in civil matters
Part 1 Preliminary
1 Short title
This Act may be cited as the Magistrates Courts Act 1921.
2 Definitions
In this Act—action includes an action and proceedings in replevin or interpleader and garnishee proceedings.action for a small debt...ADR convenor ...ADR costs ...ADR dispute ...ADR process ...approval ...case appraisal ...case appraiser ...conciliation process see section 42D.conciliator means a person approved as a conciliator under section 42S or 42T.dispute, for part 5A, means a dispute that is the subject of an employment claim.district means a district appointed under the Justices Act 1886 for the purposes of a Magistrates Court.employment claim see section 42B.Justice ...lawyer means an Australian lawyer who, under the Legal Profession Act 2007, may engage in legal practice in this State.Magistrates Court ...Magistrates Courts jurisdiction Act ...mediation ...mediator ...Minister ...minor claim ...minor debt claim ...party means a party to a dispute.prescribed ...prescribed limit means $150,000.referring court, for a conciliation process, means the Magistrates Court the registrar of which appointed a conciliator for the dispute.referring court, of a mediation or case appraisal ...referring order ...registrar ...relevant organisation, for a person, means an organisation within the meaning of the Industrial Relations Act 2016, schedule 5, of which the person is a member or is eligible to become a member.rules means the Uniform Civil Procedure Rules 1999.rules of court ...Small Debts Court ...this Act ...
3 Registrars
A clerk of the court under the Justices Act 1886 is the registrar of each Magistrates Court held at each place for which the clerk is appointed.
3A Principal clerk of courts is principal registrar
(1)There is to be a principal registrar of Magistrates Courts.(2)The principal clerk of courts appointed under the Justices Act 1886, section 22D also holds appointment as the principal registrar of Magistrates Courts.(3)The principal registrar of Magistrates Courts may—(a)discharge the powers and functions of each registrar mentioned in section 3; and(b)give directions to each registrar mentioned in section 3, and to any other officer employed in a registry of a Magistrates Court, about the discharge of the functions of the registrar or other officer.
3B Delegation by registrar
(1)A registrar of a Magistrates Court may delegate the registrar’s functions to an appropriately qualified person who is a public service employee in a Magistrates Court registry.(2)In this section—appropriately qualified, for a public service employee to whom a function may be delegated, includes having the qualifications, experience or standing appropriate for the function.Example of standing—
a person’s classification level in the public servicefunctions includes powers.
3C Appointment of bailiffs and bailiff’s assistants
(1)A Magistrates…