Statutes Amendment (Courts) Act 2004 (SA)

South Australia

Statutes Amendment (Courts) Act 2004

An Act to amend the Courts Administration Act 1993, the Criminal Law Consolidation Act 1935, the De Facto Relationships Act 1996, the Development Act 1993, the Environment, Resources and Development Court Act 1993, the Juries Act 1927, the Summary Procedure Act 1921, the Supreme Court Act 1935, the Young Offenders Act 1993 and the Youth Court Act 1993; to make related amendments to various other Acts; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Statutes Amendment (Courts) Act 2004.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Courts Administration Act 1993

4—Substitution of section 28A

Section 28A—delete the section and substitute:

28A—Special provisions in relation to publication of judicial decisions

1. (1)

   The following provisions apply in respect of the publication on an Internet site maintained by the Courts Administration Authority of a decision of a judicial officer of a prescribed court:

   1. (a)

      the Council, a member of the Council, the Administrator and the other members of the staff of the Council have, in respect of that publication, the same privileges and immunities as if the publication consisted of a delivery of the decision by a judicial officer in court; and

   2. (b)

      that publication is in all other respects to be treated as if the publication consisted of the delivery of the decision by a judicial officer in court.

2. (2)

   Subsection (1)—

   1. (a)

      does not apply unless the decision published on the Internet site was released by the judicial officer who made the decision before its publication in accordance with the procedures approved by the designated officer for the prescribed court of which the judicial officer is a member; and

   2. (b)

      does not give rise to any privileges or immunities with respect to any subsequent publication of the decision by a third party.

3. (3)

   In this section—

decision means any judgment, decree, order, decision or ruling (whether final or interlocutory), or a sentence, and includes—

1. (a)

   reasons for decision; and

2. (b)

   remarks made by a judicial officer in passing sentence;

designated officer means—

1. (a)

   in relation to a court or tribunal that has a judicial head—the judicial head of that court or tribunal;

2. (b)

   in any other case—the Chief Justice;

judicial officer, in relation to a court or tribunal, means a person who alone, or together with others, constitutes the court or tribunal;

prescribed court means—

1. (a)

   the Supreme Court; or

2. (b)

   the District Court; or

3. (c)

   any other court or tribunal of the State prescribed by the regulations.

Part 3—Amendment of Criminal Law Consolidation Act 1935

5—Substitution of Division 11 of Part 9

Part 9 Division 11—delete the Division and substitute:

Division 11—Witness fees…