Untitled document

Courts and Tribunals (General Amendment) Act

1996

Act No. 64/1996

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—ADMINISTRATIVE APPEALS TRIBUNAL ACT 1984 3

3.	New section 38AA inserted	3
38AA. Mediation	3
4.	Power of registrar to summon person to give evidence	4
5.	Power of Tribunal to dismiss application or strike out party	4
6.	Power to make costs order against legal practitioner	5
7.	Protection and immunity of mediator	5
8.	New section 65A inserted	5

65A. Supreme Court—limitation of jurisdiction 6

9. Regulations—reference to mediation 6

PART 3—APPEAL COSTS ACT 1964 7

10. Power to grant indemnity certificate 7

PART 4—CORONERS ACT 1985 8

11.	Acting magistrates may be appointed coroners	8
12.	Amendment of section 9	8

PART 5—COUNTY COURT ACT 1958 9

13.	Appointment and qualification of judges	9
14.	Payment of bailiff's fees	9
15.	New section 47B inserted	10

47B. Mediation 10

16.      Power to refer matters for inquiry or report without the consent of

the parties 10

i

Section Page

17.      Power to enter judgment other than in accordance with a jury's

verdict 10
18.	Repeal of section 79—Gazettal of orders in Council 11

PART 6—COURT SECURITY ACT 1980 12

19.	Amendment of definitions	12
20.	New sections 2A to 2F inserted	13

2A.	Appointment of authorized officers	13
2B.	Identity card	13
2C.	Chief executive officer may enter into court security
agreement	14
2D.	Matters to be included in agreement	14
2E.	Application of FOI	15
2F.	Investigation of administrative actions	16

21.      Power of authorized officer to search person on court premises or

who is about to enter court premises 16

PART 7—CRIMINAL INJURIES COMPENSATION ACT 1983 19

22. Amendment of clause 1 of Schedule 1 19

2A. Vacation of office 19

PART 8—JUDICIAL STUDIES BOARD ACT 1990 20

23. Repeal of Act 20

PART 9—MAGISTRATES' COURT ACT 1989 21

24.	Amendment of definitions	21
25.	Acting magistrate may be assigned to and constitute Industrial
Division	22
26.	Chief Magistrate to direct when Court to be held	22
27.	New section 5A inserted	22

5A. Mention courts 23

28.	Appointment of Acting Chief Magistrate	23
29.	Acting magistrate must carry out assigned duties	24
30.	Rules to be made by Chief Magistrate jointly with 2 or more
Deputy Chief Magistrates	24
31.	Practice Notes	25

16A. Practice notes 25

32.	Manner of paying sheriff's fees	25
33.	Issue of summons by prescribed person	25
34.	New section 88A inserted	26

88A. Regulations may prescribe costs of appeal 26

ii

Section Page

35. New Division 3A of Part 5 inserted 26

108.	Power to refer proceedings to mediation	26
108A.	Protection of mediators	26

36.	Costs discretion of the court subject to regulations	27
37.	New section 139A inserted	27

139A. Supreme Court—limitation of jurisdiction 27

38.	Regulations	27
39.	Amendment to Schedule 2—charge filed at venue of the Court
other than proper venue	27
40.	Amendment to Schedule 7—enforcement of infringement
penalties	28

PART 10—SUPREME COURT ACT 1986 31

41.	Way in which Court of Appeal may be constituted	31
42.	Vexatious litigants	31
43.	New section 24A inserted	32

24A. Mediation 32

PART 11—MISCELLANEOUS PROVISIONS 34

44. Administrative Appeals Tribunal Act 1984—transitional

provision 34
45.	Appeal Costs Act 1964—transitional provision 34
46.	County Court Act 1958—transitional provisions 34
47.	Magistrates' Court Act 1989—transitional provisions 35
48.	Supreme Court Act 1986—transitional provision 35

═══════════════

NOTES 36

iii

Victoria

No. 64 of 1996

Courts and Tribunals (General

†

Amendment) Act 1996

[Assented to 17 December 1996]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to—

(a)	make amendments to the Administrative Appeals Tribunal Act 1984, the Appeal Costs Act 1964, the Coroners Act 1985, the
County Court Act 1958, the Court Security Act 1980, the Criminal Injuries

Courts and Tribunals (General Amendment) Act 1996

s. 2

Act No. 64/1996

Compensation Act 1983, the Magistrates'
Court Act 1989 and the Supreme Court

Act 1986; and

(b) repeal the Judicial Studies Board Act 1990.

2. Commencement

(1) This Part and Parts 2, 3, 4, 5, 7, 8, 10 and 11 come

into operation on the day on which this Act
receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 January 1998, it
comes into operation on that day.

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Courts and Tribunals (General Amendment) Act 1996

s. 3

Act No. 64/1996

PART 2—ADMINISTRATIVE APPEALS TRIBUNAL ACT

1984

3. New section 38AA inserted

After section 38 of the Administrative Appeals

Tribunal Act 1984 insert—

No. 10155.

"38AA. Mediation

Reprinted to No. 62/1991. Subsequently	(1) Subject to and in accordance with the
amended by	regulations, the Tribunal may, with or
Nos 91/1994,
109/1994,	without the consent of the parties, refer a
30/1995 and	proceeding or any part of a proceeding to
42/1995.	mediation.

(2) Where mediation occurs in accordance with sub-section (1), if—

(a)	at or after the mediation, agreement is reached between the parties; and
(b)	the terms of the agreement are reduced to writing, signed by the parties and lodged with the Tribunal; and
(c)	the Tribunal is satisfied that a decision of the Tribunal in those terms would be within the powers of the Tribunal—

the Tribunal may, without holding a hearing,
make a decision in accordance with those

terms.

(3) Unless all the parties who attend the

mediation otherwise agree in writing, no
evidence shall be admitted at the hearing of
the proceeding before the Tribunal of
anything said or done by any person at the
mediation.

(4) If the mediator in a mediation under sub- section (1) is a member for the purposes of

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s. 4

Act No. 64/1996

the proceeding and a party to the proceeding
notifies the Tribunal before, or at the
commencement of, the hearing that the party
objects to that member participating in the
hearing, that member is not entitled to be a
member of the Tribunal as constituted for the

purposes of the proceeding.".

4. Power of registrar to summon person to give evidence

For section 45(2) of the Administrative Appeals
Tribunal Act 1984 substitute—

"(2) For the purposes of the hearing of a proceeding before the Tribunal, the Registrar—

(a) may; and

(b) if directed to do so by the President or by the member who is to preside, or who is presiding, at the hearing, must—

summon a person to appear before the to produce such documents (if any) as are referred to in the summons.".

5.  Power of Tribunal to dismiss application or strike out party

(1) In section 48(1) of the Administrative Appeals

Tribunal Act 1984, after "the Tribunal may" insert "strike out or".

(2) After section 48(1) of the Administrative

Appeals Tribunal Act 1984 insert—

"(1A) Where the Tribunal decides that a party

applicant) has unreasonably delayed
enabling the application to be heard, the

to an application (other than the ceases to be a party to the proceeding.".

Courts and Tribunals (General Amendment) Act 1996

s. 6

Act No. 64/1996

(3) In section 48(2)(a) of the Administrative

Appeals Tribunal Act 1984, before "dismiss" insert "strike out or".

6. Power to make costs order against legal practitioner

In section 50 of the Administrative Appeals
Tribunal Act 1984, after sub-section (2) insert—

"(2A) Without limiting the powers of the Tribunal

under sub-section (2), if the Tribunal is of
the opinion that a legal practitioner for a
party to a proceeding before the Tribunal has
unreasonably delayed enabling the
application to be heard, the Tribunal may
order that the legal practitioner pay the costs
of the proceeding or a portion of the costs of
the proceeding.".

7. Protection and immunity of mediator

In section 57 of the Administrative Appeals

Tribunal Act 1984, after sub-section (3) insert—

"(4) A mediator to whom a proceeding or any

the performance of his or her duties in
connection with the reference, the same
protection and immunity as a Judge of the

part of a proceeding has been referred has, in or her duties as a Judge.

(5) The Registrar has in the performance of the duties as Registrar under section 50(5), the same protection and immunity as a Judge of

the Supreme Court has in the performance of

his or her duties as a Judge.".

8. New section 65A inserted

After section 65 of the Administrative Appeals
Tribunal Act 1984 insert—

Courts and Tribunals (General Amendment) Act 1996

s. 9

Act No. 64/1996

"65A. Supreme Court—limitation of jurisdiction

It is the intention of section 57(4) and (5) to alter or vary section 85 of the Constitution Act 1975.".

9. Regulations—reference to mediation

In section 66(3) of the Administrative Appeals Tribunal Act 1984, after paragraph (c) insert—

"(d) the reference of any proceeding or part of a proceeding to mediation.".

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Courts and Tribunals (General Amendment) Act 1996

s. 10

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PART 3—APPEAL COSTS ACT 1964

10. Power to grant indemnity certificate

No. 7117.

In section 13(1) of the Appeal Costs Act 1964 for

Reprinted to

No. 48/1995. "on a question of law succeeds" substitute
"succeeds on a question of law, or on the ground
that the judgment or the verdict of the jury was
against the evidence or the weight of the evidence,
or that the damages awarded (by a jury or
otherwise) were excessive or inadequate".

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Courts and Tribunals (General Amendment) Act 1996

s. 11

Act No. 64/1996

PART 4—CORONERS ACT 1985

11. Acting magistrates may be appointed coroners

No. 10257.

In section 8 of the Coroners Act 1985 for

Reprinted to

"magistrates" substitute "magistrates, acting	No. 92/1990.
magistrates".	Subsequently amended by Nos 23/1994,
31/1994, 22/1995,
25/1995 and 98/1995.

12. Amendment of section 9

In section 9 of the Coroners Act 1985, after sub-
section (4) insert—
"(5) The appointment as coroner of a person who

holds office as magistrate under section 7 of the Magistrates' Court Act 1989 or acting magistrate under section 9 of that Act ceases,

unless the appointment has previously
ceased, at the time the person ceases to hold

office as magistrate or acting magistrate.".

_______________
Courts and Tribunals (General Amendment) Act 1996

s. 13

Act No. 64/1996

PART 5—COUNTY COURT ACT 1958

13. Appointment and qualification of judges

No. 6230.

(1) In section 8(1) of the County Court Act 1958 for

Reprinted to

43/1991.	"barrister or a barrister and solicitor of Victoria,
Subsequently	and shall have practised as a barrister or a barrister
amended by
Nos 18/1994,	and solicitor in Victoria for seven years"
43/1994,	substitute "practitioner of the Supreme Court of
109/1994,
9/1995 and	not less than 7 years' standing".
22/1995.

(2) For section 8(2)(b) of the County Court Act 1958

substitute—

"(b) a judge of the court appointed as the Acting Chief Judge under this sub-section or acting as Chief Judge under sub-section (2A) has,

during the period of appointment as Acting Chief Judge or the period of acting as Chief Judge, the same powers and jurisdiction as the Chief Judge has.".

(3) After section 8(2) of the County Court Act 1958

insert—

"(2A) If there is a vacancy in the office of the Chief Judge, the senior of the judges willing to act as Chief Judge shall act as Chief Judge.

(2B) If the commissions of 2 or more judges bear

the same date, the judges have seniority
according to the seniority assigned by the
commissions, or if there is no such
assignment, according to the order of their
being sworn.".

14. Payment of bailiff's fees

(1) In section 28(1) of the County Court Act 1958

after "execution or commitment" insert ",
excluding fees payable to the bailiff,".

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s. 15

Act No. 64/1996

(2) After section 28(4) of the County Court Act 1958 insert—

"(5) Sub-section (4) does not apply to fees

payable to the bailiff.".

15. New section 47B inserted

After section 47A of the County Court Act 1958 insert—

"47B. Mediation

Where the Court refers a proceeding or any part of a proceeding to mediation, unless all the parties who attend the mediation

otherwise agree in writing, no evidence shall be admitted at the hearing of the proceeding of anything said or done by any person at the mediation.".

16.  Power to refer matters for inquiry or report without the consent of the parties

In section 48(1) of the County Court Act 1958 omit ", with the consent of the parties,".

17.  Power to enter judgment other than in accordance with a jury's verdict

(1) In section 70 of the County Court Act 1958 before "Subject" insert "(1)".

(2) At the end of the section 70 of the County Court Act 1958 insert—

"(2) Despite sub-section (1), the judge in a

proceeding before a jury may, before the jury
has given a verdict, grant leave to a party to
apply for judgment other than in accordance
with the verdict of the jury.

(3) If leave is granted under sub-section (2),

judgment may be entered other than in
accordance with the verdict of the jury.".

Courts and Tribunals (General Amendment) Act 1996

s. 18

Act No. 64/1996

18. Repeal of section 79—Gazettal of orders in Council

Section 79 of the County Court Act 1958 is repealed.

_______________
Courts and Tribunals (General Amendment) Act 1996

s. 19

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PART 6—COURT SECURITY ACT 1980

No. 9499.

19. Amendment of definitions

Amended by Nos 39/1989

In section 2 of the Court Security Act 1980—	and 57/1989.
(a)	for the definition of "Authorized officer" substitute—

' "authorized officer", in relation to any court, means a member of the police force or a protective services officer appointed under section 118B of the Police Regulation Act 1958 or a

person appointed as an authorized
officer under section 2A by the chief
executive officer of the court or the

clerk of the court;';

(b) insert the following definitions—

' "chief executive officer", in relation to a court, means the chief executive officer of the court, by whatever name called;

"contractor" means a party to an agreement under section 2C with a chief executive officer of a court;

"frisk search" means—

(a) conducted by quickly running the

a search of a person's body garments; and

(b) an examination of anything worn by the person that is conveniently and voluntarily removed by the

person; and

Courts and Tribunals (General Amendment) Act 1996

s. 20

Act No. 64/1996

(c)

an examination of anything carried given to an authorized officer;

"scanning search" means a search carried

out by an electronic or mechanical
device whether hand held or
otherwise;'.

20. New sections 2A to 2F inserted

After section 2 of the Court Security Act 1980 insert—

"2A. Appointment of authorized officers

The chief executive officer of a court or a clerk of a court may only appoint as an authorized officer a person whom the chief executive officer or the clerk is satisfied—

(a)	is competent to exercise the functions conferred on an authorized officer by or under this Act; and
(b)	is of good repute, having regard to character, honesty and integrity; and
(c)	has agreed in writing to exercise the functions conferred on an authorized officer by or under this Act.

2B. Identity card

(1) The chief executive officer of a court or a clerk of a court must issue an identity card to each authorized officer

appointed by him or her under section

2A.

(2) An identity card under sub-section (1)

must—

(a) contain a photograph of the authorized officer; and

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s. 20

Act No. 64/1996

(b)	contain the signature of the authorized officer; and
(c)	be signed by the chief executive officer of the court or the clerk of the court.

(3) An authorized officer issued with an

identity card under sub-section (1)
must—

(a)	at all times while on duty at a court wear it in such manner as to be visible to other persons;
(b)	produce it on being requested to do so.

Penalty: 5 penalty units.

2C. Chief executive officer may enter into court security agreement

Subject to the Financial Management Act 1994 and the regulations made under that Act, a chief executive officer of a court may enter into an agreement for and on behalf of the Crown with a person or body for the provision by that person or body of court security services to that court.

2D. Matters to be included in agreement

An agreement under section 2C must provide for—

(a) compliance by the contractor with all relevant provisions of this Act or the rules or regulations or of any other Act

or instrument of a legislative character;

(b) objectives and performance standards in relation to the provision of services;

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s. 20

Act No. 64/1996

(c)	the fees, costs and charges to be paid to the contractor;
(d)	the submission of periodic reports by the contractor to the chief executive officer in relation to the contractor's operations under the agreement;
(e)	an indemnity by the contractor in favour of the Crown and the Minister;
(f)	the office the holder of which is to be the principal officer for the purposes of the application of the Freedom of Information Act 1982 to the contractor;
(g)	the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the contractor;

(h) any other matter that may be prescribed.

2E. Application of FOI

The Freedom of Information Act 1982 applies to a contractor in its capacity as a provider of court security services under this

Act as if—

(a)	the contractor were an agency within the meaning of that Act; and
(b)	the holder of the office specified in the agreement under section 2C for the purposes of the application of the Freedom of Information Act 1982 were the principal officer of that agency; and
(c)	the Minister were the responsible Minister of that agency; and

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s. 21

Act No. 64/1996

(d) the persons employed by the contractor were officers of that agency.

2F. Investigation of administrative actions

The Ombudsman Act 1973 applies to a contractor in its capacity as a provider of court security services under this Act as if—

(a)	the contractor were a public statutory body within the meaning of that Act; and
(b)	the holder of the office specified in the agreement under section 2C for the purposes of the application of the Ombudsman Act 1973 were the principal officer of that statutory body; and
(c)	the persons employed by the contractor were employees of that public statutory body.".

21.  Power of authorized officer to search person on court premises or who is about to enter court premises

For section 3(3), (4) and (5) of the Court Security
Act 1980 substitute—

"(3) Subject to any limitations or restrictions

provided by the rules, an authorized officer
may require—

(a)	if he or she believes that it is reasonably necessary in the interest of security, a person who is on court premises to submit to a frisk search and a search of such of his or her personal effects as may be reasonable for the purpose of detecting—
(i)	any firearm, explosive substance or offensive weapon; or

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s. 21

Act No. 64/1996

(ii)  any item capable of being used to cause injury to, or to incapacitate, a person;

(b)	a person who wishes to enter or remain on any court premises to submit to a scanning search of his or her person and of anything carried by him or her;
(c)

if he or she believes that it is reasonably person who wishes to enter or remain on any court premises to deposit with the authorized officer any personal effects reasonably capable of—

(i)  concealing any firearm, explosive substance or offensive weapon; or

(ii)  being used to cause injury to, or to incapacitate, a person.

(4) An authorized officer who conducts a search under this section must not use more force, or subject a person to greater indignity, than is reasonably necessary in order to conduct

the search.

(5) If, when asked, a person does not submit to a

demand under sub-section (1) or a
requirement under sub-section (3), an
authorized officer may prohibit the person
from entering the court premises, or if the
person is on the court premises, remove the
person by reasonable force from the court
premises.

(6) If in the course of a search under this section

a firearm, explosive substance or offensive
weapon is found, an authorized officer—

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Act No. 64/1996

(a)

may take possession of the firearm, weapon; and

(b) may retain it for any period necessary for the purposes of this Act.

(7) If any items are deposited with an authorized officer under sub-section (3)(c), other than a firearm, explosive substance or an offensive weapon, the person who deposited the items is entitled, upon request to an authorized

officer, to their return on that person leaving
the court premises.

(8) Nothing in this section authorises a person to

be refused entry to a court or to be removed
from a court if there is seating in the court
and if that person—

(a)	has indicated a desire to see the proceedings of the court or that he or she has other lawful business in or about the court; and
(b)	has complied with any demands or requirements made under this section.

(9) A person must not refuse to comply with a

requirement under sub-section (3)(a).
Penalty: 10 Penalty units.".

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Courts and Tribunals (General Amendment) Act 1996

s. 22

Act No. 64/1996

PART 7—CRIMINAL INJURIES COMPENSATION ACT 1983

No. 9992.

22. Amendment of clause 1 of Schedule 1

Reprinted to No. 41/1993.

In Schedule 1 to the Criminal Injuries

Compensation Act 1983—

(a)	in clause 1(3) after "magistrate" insert "or an acting magistrate";
(b)	after clause 2 insert—

"2A. Vacation of office

The appointment of a person to be a Tribunal, who at the time of appointment held the office of magistrate under section 7 of the Magistrates' Court Act 1989 or acting magistrate under section 9 of that Act ceases, unless the appointment has previously ceased, at the time the person ceases to hold office as magistrate or acting magistrate.".

_______________
Courts and Tribunals (General Amendment) Act 1996

s. 23

Act No. 64/1996

PART 8—JUDICIAL STUDIES BOARD ACT 1990

No. 60/1990.

23. Repeal of Act

Amended by Nos 49/1991

The Judicial Studies Board Act 1990 is	and 31/1994.
repealed.

_______________
Courts and Tribunals (General Amendment) Act 1996

s. 24

Act No. 64/1996

PART 9—MAGISTRATES' COURT ACT 1989

No. 51/1989.

24. Amendment of definitions

Reprinted to No. 99/1995.

In section 3(1) of the Magistrates' Court Act

1989—

(a) for the definition of "appropriate registrar" substitute—

' "appropriate registrar" means—

(a)	the registrar at the proper venue of the Court; or
(b)	the registrar at the venue of the Court at which a proceeding is heard and determined in
accordance with clause 1(2B) of Schedule 2;';

(b) for the definition of "jurisdictional limit" substitute—

' "jurisdictional limit" in a civil proceeding means $40,000;';

(c)	in the definition of "mention court" for "prescribed to be" substitute "nominated by the Chief Magistrate under section 5A as";
(d)

for paragraph (a) of the definition of "proper "(a) in relation to a criminal proceeding or a

class of criminal proceeding, means the mention court that has been nominated by the Chief Magistrate under section

5A for the proceeding or class of
proceeding, but in the absence of any
such nomination is the mention court
that is nearest to—

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s. 25

Act No. 64/1996

(i)

the place where the offence is or

(ii)  the place of residence of the defendant; and";

(e) in the definition of "the rules" for "made by the magistrates" substitute "jointly made by the Chief Magistrate together with 2 or more Deputy Chief Magistrates".

25.  Acting magistrate may be assigned to and constitute Industrial Division

In section 4(3A) of the Magistrates' Court Act
1989 after "magistrate" insert "or acting

magistrate".

26. Chief Magistrate to direct when Court to be held

(1) In section 5(1) of the Magistrates' Court Act
1989 omit ", on such days and at such times".

(2) After section 5(2) of the Magistrates' Court Act 1989 insert—

"(3) The Court must sit on such days and at such

times as the Chief Magistrate from time to
time directs by notice published in the
Government Gazette.

(4) The Chief Magistrate may from time to time, by notice published in the Government for the holding of the Court at any place.".

27. New section 5A inserted

After section 5 of the Magistrates' Court Act
1989 insert—

Courts and Tribunals (General Amendment) Act 1996

s. 28

Act No. 64/1996

"5A. Mention courts

The Chief Magistrate may from time to time, by notice published in the Government Gazette, nominate a venue of the court as a mention court, whether generally or for a particular class of proceeding.".

28. Appointment of Acting Chief Magistrate

(1) After section 8(1) of the Magistrates' Court Act 1989 insert—

"(1A) If there is—

(a)	a vacancy in the office of the Chief Magistrate; or
(b)	absent on leave or for any reason is temporarily unable to perform the

a period when the Chief Magistrate is and the Governor in Council has not made an appointment under sub-section (1)—

the senior of the Deputy Chief Magistrates
willing to act as Chief Magistrate shall act as

Chief Magistrate.

(1B) If the appointment as Deputy Chief

Magistrate of 2 or more Deputy Chief Magistrates took place on the same date, the Deputy Chief Magistrates have seniority according to the seniority assigned in the instruments of appointment, or if there is no such assignment, according to the order of their taking oath of office.".

(2) In section 8(2) of the Magistrates' Court Act

1989—

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s. 29

Act No. 64/1996

(a)	after "Acting Chief Magistrate" insert "or acts as Chief Magistrate under sub-section (1A)"; and
(b)	after "appointment" insert "or the period of acting as Chief Magistrate".

29. Acting magistrate must carry out assigned duties

In section 13 of the Magistrates' Court Act 1989
after "magistrate" (where first occurring) insert
"or acting magistrate".

30.  Rules to be made by Chief Magistrate jointly with 2 or more Deputy Chief Magistrates

(1) In section 16(1) of the Magistrates' Court Act

1989—

(a) magistrate) may" substitute "Chief

for "magistrates (not including any acting Chief Magistrates may jointly";

(b) after paragraph (f) insert— "(fa) the reference of any civil proceeding or

of any part of a civil proceeding to
mediation;".

(2) For section 16(2) and (3) of the Magistrates' Court Act 1989 substitute—

"(2) The power of the Chief Magistrate together with 2 or more Deputy Chief Magistrates to jointly make rules of court, whether that

power is conferred by this or any other Act, is subject to the rules being disallowed by a House of the Parliament in accordance with section 23 of the Subordinate Legislation Act 1994.".

Courts and Tribunals (General Amendment) Act 1996

s. 31

Act No. 64/1996

31. Practice Notes

After section 16 of the Magistrates' Court Act

1989 insert—

"16A. Practice notes

(1) The Chief Magistrate may from time to time issue practice directions, statements or notes for the Court in relation to civil or criminal

proceedings or any class of civil or criminal

proceedings.

(2) Practice directions, statements or notes

issued under sub-section (1) must not be
inconsistent with any provision made by or

under this or any other Act.".

32. Manner of paying sheriff's fees

In section 22 of the Magistrates' Court Act 1989,
after sub-section (2) insert—

"(3) Sub-sections (1) and (2) do not apply to fees

payable to the sheriff.".

33. Issue of summons by prescribed person

(1) In section 30(3) of the Magistrates' Court Act 1989 for "If" substitute "Subject to sub-section (4), if".

(2) After section 30(3) of the Magistrates' Court Act 1989 insert—

"(4) If a prescribed person issues a summons

under sub-section (1) and files the charge and
original summons with the registrar at a
venue of the Court other than the proper
venue, sub-clauses (2A) and (2B) of clause 1
of Schedule 2 apply to the hearing and
determination of the charge.".

Courts and Tribunals (General Amendment) Act 1996

s. 34

Act No. 64/1996

34. New section 88A inserted

After section 88 of the Magistrates' Court Act

1989 insert—

"88A. Regulations may prescribe costs of appeal

The Governor in Council may make regulations for or with respect to prescribing by scale or otherwise the costs of and incidental to proceedings in the County Court on an appeal under section 83 or 84.".

35. New Division 3A of Part 5 inserted

After section 107 of the Magistrates' Court Act

1989 insert—

"Division 3A—Mediation

108. Power to refer proceedings to mediation

(1) With the consent of the parties and subject to

and in accordance with the Rules, the Court
may refer the whole or any part of a civil
proceeding to mediation.

(2) Unless all the parties who attend the

mediation otherwise agree in writing, no
evidence shall be admitted at the hearing of
the proceeding of anything said or done by

any person at the mediation.

108A. Protection of mediators

A mediator to whom a civil proceeding or any part of a civil proceeding has been referred has, in the performance of his or her duties in connection with the reference, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.".

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36. Costs discretion of the court subject to regulations

In section 131(2) of the Magistrates' Court Act

1989 after "the Rules" insert "or the regulations".

37. New section 139A inserted

After section 139 of the Magistrates' Court Act

1989 insert—

"139A. Supreme Court—limitation of jurisdiction

It is the intention of section 108A to alter or
vary section 85 of the Constitution Act

1975.".

38. Regulations

In section 140(1) of the Magistrates' Court Act

1989—

(a) after paragraph (a) insert— "(ab) prescribing by scale or otherwise the

costs of and incidental to criminal

proceedings in the Court;";

(b) paragraph (c) is repealed.

39.  Amendment to Schedule 2—charge filed at venue of the Court other than proper venue

In Schedule 2 to the Magistrates' Court Act 1989, after sub-clause (2) of clause 1 insert—

"(2A) If at any time, whether or not any evidence is given in support of the charge and whether or not the defendant appears, the Court is

satisfied that the charge was filed at a venue of the Court other than the proper venue, the Court must—

(a) adjourn the proceeding to the proper venue; or

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(b) if satisfied there has been an abuse of process, strike the proceeding out—

and may award costs against the informant.

(2B) Despite sub-clause (2A), where there is no

objection by the defendant to the hearing and
determination of the proceeding at a venue
other than the proper venue, the Court may,
at its discretion, hear and determine the
proceeding at that other venue.".

40.  Amendment to Schedule 7—enforcement of infringement penalties

(1) In Schedule 7 to the Magistrates' Court Act 1989, in clause 8, for sub-clauses (2) and (3) substitute—

"(2) No step may be taken in execution of a

penalty enforcement warrant unless a person

authorised to execute the warrant has—

(a)	made a demand on the person in default; and
(b)	delivered to the person in default a statement in writing in the prescribed form setting out a summary of the provisions of this Part with respect to—
(i) the allowance of time to pay; and (ii) payment by instalments; and
(iii) applications for revocation of enforcement orders.

(3) During the period of 7 days after sub-clause

(2) has been complied with, a person
authorised to execute the penalty
enforcement warrant may seize and take
possession of the personal property of the
person in default but may not remove it from

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the residential or business property in which it is situated unless the person executing the warrant believes on reasonable grounds that it is necessary to do so to avoid it being

disposed of or removed.

(3A) The person who executes a penalty

enforcement warrant by removing property
during the period referred to in sub-clause (3)

must—

(a)	by statutory declaration state the reason for so doing; and
(b)	file the statutory declaration with the registrar.

(3B) After the expiry of the period referred to in

sub-clause (3), any step may be taken in
execution of the penalty enforcement warrant
(including selling any personal property
seized during that period) if the fine or
instalment or any part of the fine or
instalment remains unpaid unless the person
in default has obtained an instalment order or
time to pay order.".

(2) In Schedule 7 to the Magistrates' Court Act 1989, in clause 10(1), for "a warrant has been executed under this Part in enforcement of the order." substitute—

"—

(a) in the case of a natural person, a penalty enforcement warrant has been issued under this Part in enforcement of the order and—

(i)  a step has been taken as mentioned in clause 8(3) and the period referred to in that clause has expired; or

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(ii)  no step has been taken as mentioned in clause 8(3) but the warrant is executed after the expiration of that period; or

(b) in the case of a corporation, a warrant to seize property issued under this Part in enforcement of the order has been executed.".

(3) In Schedule 7 to the Magistrates' Court Act 1989, in clause 17(1), for "a warrant has been executed under this Part in enforcement of the order." substitute—

"—

(a) in the case of a natural person, a penalty enforcement warrant has been issued under this Part in enforcement of the order and—

(i)  a step has been taken as mentioned in clause 8(3) and the period referred to in that clause has expired; or

(ii)  no step has been taken as mentioned in clause 8(3) but the warrant is executed after the expiration of that period; or

(b) in the case of a corporation, a warrant to seize property issued under this Part in enforcement of the order has been executed.".

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PART 10—SUPREME COURT ACT 1986

No. 110/1986.

41. Way in which Court of Appeal may be constituted

Reprinted to No. 43/1991. Subsequently	(1) For section 11(1) of the Supreme Court Act 1986
amended by	substitute—
Nos 124/1993,
18/1994,	"(1) Subject to this Act and the Rules, any 3 or
45/1994,
52/1994,	more Judges of Appeal constitute, and may
109/1994,	exercise all the jurisdiction and powers of,
9/1995,
22/1995 and	the Court of Appeal.
41/1995.

(1A) If the President of the Court of Appeal so

determines in a particular case, 2 Judges of Appeal constitute, and may exercise all the jurisdiction and powers of, the Court of

Appeal.

(1B) The Rules may provide that in particular

classes of applications or appeals to or
proceedings in the Court of Appeal, 2 Judges
of Appeal may constitute, and may exercise
all the jurisdiction and powers of, the Court
of Appeal.".

(2) In section 11(5) of the Supreme Court Act 1986 for "a Judge" (where twice occurring) substitute "a single Judge".

(3) In section 11(6) of the Supreme Court Act 1986

for "a Judge" substitute "a single Judge".

42. Vexatious litigants

(1) In section 21(2) of the Supreme Court Act 1986 for "or any inferior court" substitute ", an inferior court or a tribunal".

(2) For section 21(3) and (4) of the Supreme Court Act 1986 substitute—

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"(3) An order under sub-section (2) may provide that the vexatious litigant must not without leave of—

(a) the Court; or

(b) an inferior court; or

(c) a tribunal constituted or presided over by a person who is a barrister and solicitor of the Court—

do the following—

(d)	continue any legal proceedings in the Court, inferior court or tribunal; or
(e)	commence any legal proceedings in the Court or any specified inferior court or tribunal; or
(f)	commence any specified type of legal proceedings in the Court or any specified inferior court or tribunal.

(4) Leave must not be given unless the Court, or

if the order under sub-section (2) so
provides, the inferior court or tribunal is
satisfied that the proceedings are not or will
not be an abuse of the process of the Court,
inferior court or tribunal.".

(3) In section 21(5) of the Supreme Court Act 1986 after "time" insert "vary,".

43. New section 24A inserted

After section 24 of the Supreme Court Act 1986 insert—

"24A. Mediation

Where the Court refers a proceeding or any part of a proceeding to mediation, unless all the parties who attend the mediation

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otherwise agree in writing, no evidence shall be admitted at the hearing of the proceeding of anything said or done by any person at the mediation.".

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PART 11—MISCELLANEOUS PROVISIONS

44. Administrative Appeals Tribunal Act 1984—
transitional provision

The amendments made by sections 3, 5 and 6 to the Administrative Appeals Tribunal Act 1984 only apply to proceedings before the Tribunal commenced after the commencement of those sections.

45. Appeal Costs Act 1964—transitional provision

The amendment made by section 10 to section 13(1) of the Appeal Costs Act 1964 applies only to appeals commenced after the commencement of section 10.

46. County Court Act 1958—transitional provisions

(1) The amendments made by section 13(1) to section 8(1) of the County Court Act 1958 apply only to appointments made after the commencement of

section 13(1).

(2) The amendments made by section 15 to the

County Court Act 1958 apply only to proceedings commenced after the commencement of that section.

(3) The amendment made by section 16 to section

48(1) of the County Court Act 1958 applies only
to proceedings commenced after the
commencement of section 16.

(4) The amendments made by section 17 to section 70

of the County Court Act 1958 apply to
proceedings, whether commenced before or after
the commencement of section 17.

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47. Magistrates' Court Act 1989—transitional provisions

(1) The amendments made by section 33 to section 30 of the Magistrates' Court Act 1989 apply only to summonses issued after the commencement of

section 30.

(2) The amendments made by section 35 to the

Magistrates' Court Act 1989 applies to proceedings, whether commenced before or after the commencement of that section.

(3) The amendments made by section 39 to Schedule 2 to the Magistrates' Court Act 1989 apply only to proceedings commenced after the

commencement of that section.

(4) The amendments made by section 40 to Schedule 7 to the Magistrates' Court Act 1989 apply only to warrants issued after the commencement of that section.

48. Supreme Court Act 1986—transitional provision

The amendment made by section 43 to the Supreme Court Act 1986 applies only to proceedings commenced after the commencement

of that section.

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Notes

Act No. 64/1996

NOTES

†

Minister's second reading speech—

Legislative Assembly: 10 October 1996

Legislative Council: 12 November 1996

The long title for the Bill for this Act was "to amend the Administrative Appeals Tribunal Act 1984, the Appeal Costs Act 1964, the Coroners Act 1985, the County Court Act 1958, the Court Security Act 1980,

the Criminal Injuries Compensation Act 1983, the Magistrates' Court
Act 1989 and the Supreme Court Act 1986, to repeal the Judicial

Studies Board Act 1990 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 10 October 1996

Legislative Council: 12 November 1996

Absolute majorities:

Legislative Assembly: 31 October 1996 and 6 December 1996

Legislative Council: 20 November 1996