{"id":"a-2004-59","name":"Court Procedures Forms","slug":"court-procedures-forms","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"59 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":22944,"registerId":"act-a-2004-59-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"11A","sectionType":"section","heading":"Appointment of chief executive officer 9","content":"11A Appointment of chief executive officer 9\n","sortOrder":0},{"sectionNumber":"11B","sectionType":"section","heading":"Administrative functions of chief executive officer 9","content":"11B Administrative functions of chief executive officer 9\n11BA Delegation by chief executive officer 10\n11BB Leave of absence 10\n11BC Chief executive officer must not do other work 10\n11BD Disclosure of interests 11\n11C Ending chief executive officer’s appointment 11\n11D Chief executive officer not to direct registrars in relation to court\nfunctions 12\n11E Consultants 12\n12 Definitions—pt 3 13\n13 Determination of fees 13\n14 Payment of fees 15\n15 Remission, refund, deferral, waiver and exemption of fees 15\n16 Recovery of fees in civil proceedings if fees not otherwise payable 17\n17 Recovery of fees in criminal proceedings if fees not otherwise payable 18\n18 Meaning of reviewable decision—div 3.2 18\n18A Reviewable decisions—court 19\n18B Reviewable decisions—ACAT 20\n18C No fee for review by court or ACAT 21\n20 Definitions—pt 4 22\n21 Proceedings by and against the Crown generally 22\n22 Immunities and limitations of liability 23\n23 Corresponding laws of States and other Territories 23\n24 Injunctive relief 23\n\nPage\ncontents 3\n25 Protection of confidentiality on grounds of public interest 23\n26 Right of Attorneys-General of other jurisdictions to appear in\nproceedings 24\n27 Right of Attorney-General to intervene in proceedings 24\n28 Fees and charges in proceedings 25\n29 Enforcement of judgments against Territory Crown 26\n30 Enforcement of judgments against Crown in right of a State or another\nTerritory 27\n31 Enforcement of judgments by the Crown 27\nDivision 4.3 Provisions applying only to the Territory\n32 Endorsement etc of originating process 27\n33 Service generally 27\n34 Service of subpoenas etc on Ministers 28\n35 Representation if right to legal representation restricted 28\n36 Exclusion of certain proceedings 29\n37 Regulations for pt 4 30\n40 Definitions—pt 5 31\n41 Right of entry etc to court premises 33\n42 Powers under part additional to other powers 34\n43 Security officer to be identified before exercising powers 35\n44 Person may be required to state name etc 35\n45 Searches 36\n46 Seizure and forfeiture of firearms etc 37\n47 Security officer may require thing that may hide firearms etc to be left 37\n48 Unlawful, disorderly conduct etc 37\n49 Contravention of requirement of security officer 38\n50 Judge, magistrate or presidential member may close court premises 39\n51 Security officers 40\n52 Identity cards for security officers 42\n52A Definitions—pt 5A 43\n\nPage\ncontents 4 Court Procedures Act 2004\n52B Admissibility of information given at mediation 44\n52C Secrecy 44\n52D Protection of accredited mediator from liability 45\nPart 6 Procedural provisions—all proceedings\n53 Application—pt 6 46\n54 No distinction between court and chambers 46\nPart 6A Procedural provisions—criminal proceedings\n55 Provision of interpreters 47\n60 Application—pt 7 48\n61 Counterclaims and third parties 48\n62 Injunctions 49\n63 Receivers 49\n64 Rules of practice and procedure—judicial discretion 49\n65 Appearance by lawyer 50\n66 Non-appearance or absence of some defendants 50\n67 Amendment of defects 50\n68 Formal defects to be amended 51\nPart 7A Procedural provisions—proceedings\ninvolving children or young people\n68A Definitions—pt 7A and div 7A.1 52\n69 Childrens Court procedure 53\n71 When parents must attend court proceedings 53\n72 Court proceedings involving children or young people not open to\npublic 54\n73 Court may excuse parties from attending proceedings 56\n74 Certain related applications may be heard together 57\n74A Participation of children and young people in proceedings 57\n74B Court must ensure children and young people etc understand\nproceedings 57\n\nPage\ncontents 5\n","sortOrder":1},{"sectionNumber":"74C","sectionType":"section","heading":"Director-general, public advocate and Aboriginal and Torres Strait","content":"74C Director-general, public advocate and Aboriginal and Torres Strait\nIslander children and young people commissioner etc may appear at\nproceedings 58\n74D Court may order report about young person 58\n74E Children and young people may have legal and other representative 59\n74F Leave needed for litigation guardian 60\n74G Legal representation of children and young people 60\n74H Orders about legal representation of children and young people—all\nproceedings 60\n74I Rule-making committee and court to have regard to youth justice\nprinciples 61\n74K Proceedings dismissed or adjourned for care and protection reasons 62\n74L Director-general must report to court, public advocate and Aboriginal\nand Torres Strait Islander children and young people commissioner 63\n74M Court action after adjournment 64\nPart 7B Procedural provisions—industrial or work\nsafety matters\n74N Industrial Court procedure 66\nDivision 8.1 Supreme Court criminal proceedings—preliminary\n75 Application—pt 8 67\nDivision 8.2 Trial on indictment\n76 Supreme Court jurisdiction to make orders for conduct of indictable\ntrials 67\n76A Application—div 8.2A 68\n76B Pre-trial disclosure of relevant material by prosecutor 69\n76C Ongoing duty of disclosure by prosecutor 70\n76D Prosecutor must allow inspection of certain disclosed matters on\nrequest 71\n76E Address and contact details of people generally must not be disclosed\nunder div 8.2A 71\n\nPage\ncontents 6 Court Procedures Act 2004\n76F Material used to give evidentiary certificate need not be disclosed\nunder div 8.2A 73\n76G Sanctions for non-compliance with disclosure requirements 73\n76H Effect of div 8.2A on other laws 74\n77 Application—div 8.3 75\n78 Mandatory pre-trial disclosure—expert evidence 75\n79 Prosecution notice—expert evidence 76\n79A Accused person’s notice and reply—expert evidence 77\n79B Prosecution reply—expert evidence 78\n79C Sanctions for non-compliance with pre-trial disclosure requirements 78\n79D Disclosure requirement is ongoing 79\n79E Court may waive requirements 80\n79F Miscellaneous provision 80\n80 Assignment of earnings not enforceable 81\n81 Court may inquire into truth of return of writ 81\n82 Delegation by secretary of rule-making committee 82\n83 Regulation-making power 82\nSchedule 1 Subject matter for rules 83\nPart 1.1 General 83\n1 Jurisdiction 83\n2 Service of documents 83\n3 Evidence 83\n4 Certain proceedings 84\n5 Admission of lawyers 84\n6 Miscellaneous 84\nPart 1.2 Civil proceedings 86\n7 Beginning proceedings 86\n8 Transfer between courts 86\n9 Parties and proceedings 86\n10 Steps in proceedings 87\n\nPage\ncontents 7\n11 Pleadings 87\n12 Disclosure 87\n13 Preservation of rights and property 87\n14 Ending proceedings early 88\n15 Court supervision 88\n16 Expert evidence 88\n17 Trials and other hearings 89\n18 Judgments 89\n19 Particular proceedings 90\n20 Interest 90\n21 Administration and probate 90\n22 Adoption 91\n23 Arbitration 91\n24 Contempt of court 91\n25 Trusts 91\n26 Costs 91\n27 Appeals 92\n28 Enforcement of judgments 92\n29 Reciprocal enforcement of foreign judgments 93\nPart 1.3 Criminal proceedings 94\n30 Practice and procedure in criminal jurisdiction 94\nDictionary 95\n1 About the endnotes 98\n2 Abbreviation key 98\n3 Legislation history 99\n4 Amendment history 107\n5 Earlier republications 130\n6 Expired transitional or validating provisions 135\n\nAn Act to provide for certain matters relating to courts and tribunals, and for\nother purposes\n\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Court Procedures Act 2004.\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘fee, for part 3 (Court and tribunal\nfees)—see section 12.’ means that the term ‘fee’ is defined in that section\nfor part 3.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Objects of Act","content":"5 Objects of Act\n(1) The objects of this Act include—\n(a) recognising the importance of court procedures in our system of\njustice; and\n(b) facilitating cooperation between ACT courts in the common\ngoals of—\n(i) improved access to justice through the development of\nprocedures that are, as far as practicable, the same for all\nACT courts; and\n\nPreliminary Part 1\n(ii) better court procedures.\ncourt includes a tribunal that is a prescribed tribunal under section 6.\n","sortOrder":6},{"sectionNumber":"5A","sectionType":"section","heading":"Main purpose of civil procedure provisions","content":"5A Main purpose of civil procedure provisions\n(1) The main purpose of the civil procedure provisions is to facilitate the\njust resolution of disputes—\n(a) according to law; and\n(b) as quickly, inexpensively and efficiently as possible.\n(2) Without limiting subsection (1), the main purpose includes the\nfollowing objectives:\n(a) the just resolution of the real issues in civil proceedings;\n(b) the efficient use of the judicial and administrative resources\navailable for the purposes of the court;\n(c) the efficient disposal of a court’s overall caseload;\n(d) the timely disposal of civil proceedings;\n(e) the resolution of disputes at a cost that is proportionate to the\nimportance and complexity of the matters in dispute.\n(3) The civil procedure provisions must be interpreted and applied, and\nany power or duty imposed by them (including the power to make\nrules) must be exercised or carried out, in the way that best promotes\nthe main purpose.\n(4) The parties to a civil proceeding must help the court to achieve the\nobjectives.\n\ncivil procedure provisions means—\n(a) the rules made under section 7, in their application to civil\nproceedings; and\n(b) any provision of this Act in relation to the practice and procedure\nof a court in civil proceedings.\ncourt includes a tribunal that is a prescribed tribunal under section 6.\n\nCourt rules and forms Part 2\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Definition for pt 2 and sch 1","content":"6 Definition for pt 2 and sch 1\nIn this part and schedule 1:\nprescribed tribunal means a tribunal prescribed by regulation for this\npart.\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Rule-making power","content":"7 Rule-making power\n(1) The rule-making committee may make rules in relation to the\nfollowing:\n(a) the practice and procedure of ACT courts, prescribed tribunals\nand their registries;\n(b) anything else mentioned in schedule 1 (Subject matter for rules).\nNote 1 The power to make rules for a court or tribunal includes power to make\nrules in relation to any matter necessary or convenient to be prescribed\nfor carrying out or giving effect to the jurisdiction of the court or tribunal\nunder any law of the Territory or Commonwealth that authorises or\nrequires anything to be done in or in relation to the court or tribunal (see\nLegislation Act, s 45 (Power to make court rules)).\nNote 2 A rule must be notified, and presented to the Legislative Assembly, under\nthe Legislation Act.\n(2) A rule is taken to be made by the rule-making committee if it is signed\nby 3 or more committee members, 1 of whom must be the member\nmentioned in section 9 (2) (a) and another of whom must be the\nmember mentioned in section 9 (2) (c) or (d).\n(3) This section does not limit any inherent or other power of a court,\njudge, magistrate or prescribed tribunal to control proceedings.\n\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Approved forms","content":"8 Approved forms\n(1) The rule-making committee may approve forms—\n(a) for this Act; or\n(b) for use in or in relation to ACT courts, prescribed tribunals and\ntheir registries.\n(2) If the rule-making committee approves a form for a particular\npurpose, the approved form must be used for that purpose.\n(3) A form is taken to be approved by the rule-making committee if it is\napproved by 3 or more committee members, 1 of whom must be the\nmember mentioned in section 9 (2) (a) and another of whom must be\nthe member mentioned in section 9 (2) (c) or (d).\n(4) An approved form is a notifiable instrument.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Rule-making committee","content":"9 Rule-making committee\n(1) A rule-making committee is established.\n(2) The rule-making committee consists of the following members:\n(a) the Chief Justice;\n(b) 2 other resident judges appointed by the Chief Justice;\n(c) the Chief Magistrate;\n(d) another magistrate appointed by the Chief Magistrate.\n(3) The rule-making committee may conduct its proceedings in the way\nit decides, whether by holding meetings or in any other way.\n(4) The Chief Justice is the chairperson of the rule-making committee.\n(5) However, if the Chief Justice is not personally present at a meeting of\nthe rule-making committee, the member present chosen by the\ncommittee is to chair the meeting.\n\nCourt rules and forms Part 2\n(6) The Chief Justice must approve a public servant as secretary of the\nrule-making committee.\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Delegation by Chief Justice and Chief Magistrate","content":"10 Delegation by Chief Justice and Chief Magistrate\n(1) The Chief Justice may delegate a function under this part to a resident\njudge.\n(2) The Chief Magistrate may delegate a function under this part to a\nmagistrate.\n(3) However, the Chief Justice or the Chief Magistrate may not delegate\nthe function of being a member of the rule-making committee to a\nperson who is already a member of the committee because of an\nappointment under section 9 (2).\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4. In particular, the delegation may have\neffect only in stated circumstances, eg if the appointer is away from the\nACT.\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Advisory committee","content":"11 Advisory committee\n(1) An advisory committee is established.\n(2) The advisory committee consists of the following members:\n(a) a resident judge appointed by the Chief Justice as the\nchairperson of the advisory committee;\n(b) another resident judge appointed by the Chief Justice;\n(c) 2 magistrates appointed by the Chief Magistrate;\n(d) the chief executive officer;\n(e) the registrar of the Supreme Court;\n(f) the registrar of the Magistrates Court;\n(g) a presidential member of the ACAT appointed by the president\nof the ACAT;\n\n(h) a person appointed by the Australian Capital Territory Bar\nAssociation to represent the association;\n(i) a person appointed by the Law Society of the Australian Capital\nTerritory to represent the society;\n(j) the director of public prosecutions;\n(k) the parliamentary counsel;\n(l) a public servant appointed by the director-general;\n(m) the secretary of the rule-making committee.\n(3) The functions of the advisory committee are to—\n(a) initiate, consider, develop, and advise the rule-making\ncommittee on, proposals for making rules and approving forms\nunder this Act; and\n(b) make recommendations to the rule-making committee about the\nmaking of rules and approving of forms under this Act.\n(4) The advisory committee must consider, and advise the rule-making\ncommittee on, proposals for making rules and approving forms under\nthis Act that are referred to it by the rule-making committee.\n(5) The advisory committee may conduct its proceedings in the way it\ndecides, whether by holding meetings or in any other way.\n(6) If the chairperson of the advisory committee is not present at a\nmeeting of the committee—\n(a) if the resident judge mentioned in subsection (2) (b) is present—\nthat resident judge is to chair the meeting; or\n(b) in any other case—the member present chosen by the committee\nis to chair the meeting.\n\nChief executive officer of courts Part 2A\n11A Appointment of chief executive officer\n(1) The Executive must appoint a person as the Chief Executive Officer\nof ACT Courts and Tribunals (the chief executive officer).\n(2) However, the Executive must not appoint a person as the chief\nexecutive officer—\n(a) without first considering any recommendation about the\nappointment made by the Chief Justice, the Chief Magistrate and\nthe president of the ACAT; and\n(b) unless satisfied that the person has the experience or expertise\nto qualify the person to exercise the functions of the chief\nexecutive officer.\n(3) The chief executive officer must be appointed for a term of not longer\nthan 5 years.\n(4) The appointment of a chief executive officer is a notifiable\ninstrument.\n11B Administrative functions of chief executive officer\n(1) The function of the chief executive officer is to support—\n(a) the Chief Justice in the exercise of an administrative function of\nthe Supreme Court; and\n(b) the Chief Magistrate in the exercise of an administrative\nfunction of the Magistrates Court; and\n(c) the president of the ACAT in the exercise of an administrative\nfunction of the ACAT.\n(2) For subsection (1), the chief executive officer may do the following:\n(a) employ staff on behalf of the Territory;\n\n(b) direct a public employee in relation to the exercise of an\nadministrative function of a court or the ACAT;\n(c) make arrangements with the director-general to use the services\nof a public servant or Territory facilities;\n(d) make arrangements about the use and allocation of resources\nand facilities;\n(e) exercise any other function given to the chief executive officer\nunder this Act or another Territory law.\n(3) The chief executive officer’s staff must be employed under the Public\nSector Management Act 1994.\nNote The Public Sector Management Act 1994, div 8.2 applies to the chief\nexecutive officer in relation to the employment of staff (see Public Sector\nManagement Act 1994, s 152).\n11BA Delegation by chief executive officer\nThe chief executive officer may delegate the chief executive officer’s\nfunctions under a territory law to a member of the chief executive\nofficer’s staff.\nNote For laws about delegations, see the Legislation Act, pt 19.4.\n11BB Leave of absence\nThe Attorney-General may grant leave of absence to the chief\nexecutive officer on the conditions about remuneration and otherwise\nthat the Attorney-General decides.\n11BC Chief executive officer must not do other work\nThe chief executive officer must not, without the Attorney-General’s\nconsent, do either of the following:\n(a) practise as a legal practitioner;\n(b) have other paid employment.\n\nChief executive officer of courts Part 2A\n11BD Disclosure of interests\nThe chief executive officer must give written notice to the\nAttorney-General of all direct or indirect financial interests that the\nchief executive officer has or acquires—\n(a) in a business, whether in the ACT or elsewhere; or\n(b) in a corporation carrying on a business mentioned in\nparagraph (a).\n","sortOrder":13},{"sectionNumber":"11C","sectionType":"section","heading":"Ending chief executive officer’s appointment","content":"11C Ending chief executive officer’s appointment\n(1) The Executive may end the appointment of a person as chief\nexecutive officer for—\n(a) misbehaviour; or\n(b) physical or mental incapacity, if the incapacity substantially\naffects the exercise of the person’s functions; or\n(c) failing to comply with section 11BC (Chief executive officer\nmust not do other work).\n(2) The Executive must end the person’s appointment if the person—\n(a) becomes bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(b) is convicted, or found guilty, in the ACT of an offence\npunishable by imprisonment for at least 1 year; or\nNote Found guilty—see the Legislation Act, dictionary, pt 1.\n(c) is convicted, or found guilty, outside the ACT of an offence that,\nif it had been committed in the ACT, would be punishable by\nimprisonment for at least 1 year; or\n(d) is absent, other than on leave granted under section 11BB, for\n14 consecutive days or for 28 days in any 12-month period; or\n\n(e) fails, without reasonable excuse, to comply with the person’s\nobligations under section 11BD.\n","sortOrder":14},{"sectionNumber":"11D","sectionType":"section","heading":"Chief executive officer not to direct registrars in relation","content":"11D Chief executive officer not to direct registrars in relation\nto court functions\n(1) A registrar or deputy registrar of a court is not subject to direction by\nthe chief executive officer in the exercise of a function of the court.\n(2) A registrar or deputy registrar of the ACAT is not subject to direction\nby the chief executive officer in the exercise of a function of the\nACAT.\n","sortOrder":15},{"sectionNumber":"11E","sectionType":"section","heading":"Consultants","content":"11E Consultants\n(1) The chief executive officer may, on behalf of the Territory, engage\nconsultants to, or to perform services for, the chief executive officer.\n(2) Consultants must be engaged on written terms and conditions decided\nby the chief executive officer that are approved by the\nAttorney-General.\n(3) However, the chief executive officer must not enter into a contract of\nemployment under this section.\n\n","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Definitions—pt 3","content":"12 Definitions—pt 3\ndetermined fee means a fee determined under this part.\nfee includes a charge and a tax.\nrelevant legislation means any of the following:\n(a) the ACT Civil and Administrative Tribunal Act 2008;\n(b) the Coroners Act 1997;\n(c) this Act;\n(d) the Crimes (Sentence Administration) Act 2005;\n(e) the Leases (Commercial and Retail) Act 2001;\n(f) the Magistrates Court Act 1930;\n(g) the Supreme Court Act 1933;\n(h) any other legislation prescribed by regulation.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Determination of fees","content":"13 Determination of fees\n(1) The Minister may determine fees for any of the following purposes:\n(a) proceedings in a court or the ACAT, and matters incidental to\nthe proceedings, including—\n(i) for the Supreme Court—the admission of lawyers; and\n\n(ii) the service and execution of the process of a court or the\nACAT; and\n(iii) the assessment of costs;\n(b) facilities and services provided by the court or the ACAT,\nincluding the service and execution of the process of a court of\nthe Commonwealth, a State, another Territory or a foreign\ncountry;\n(c) the general purposes of relevant legislation.\nNote 1 The Legislation Act contains provisions about the making of\ndeterminations and regulations relating to fees and charges (see pt 6.3).\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations and rules (see\nLegislation Act, s 104).\n(2) However, the Minister must not determine fees for a proceeding in\nthe ACAT on an application for review of a decision under the\nChildren and Young People Act 2008, chapter 16A (Care and\nprotection—notification and review of certain decisions).\n(3) A determination under subsection (1) may provide for any of the\nfollowing matters:\n(a) exempting people from liability to pay determined fees,\ncompletely or partly, in all or particular circumstances;\n(b) remitting, refunding or waiving, by a registrar of a court or the\nACAT, determined fees, completely or partly, in particular\ncircumstances;\n(c) deferring, by a registrar of a court or the ACAT, liability to pay\ndetermined fees, completely or partly, in particular\ncircumstances.\n(4) A determination under subsection (1) is a disallowable instrument.\n\n","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Payment of fees","content":"14 Payment of fees\n(1) A determined fee is payable, in advance, in accordance with the\ndetermination that determined the fee, but subject to this section.\n(2) A determined fee is payable on notice from the registrar of the court\nor ACAT if it is worked out by reference to expenses actually incurred\nin exercising the function, or in providing the facility or service, for\nwhich the fee is payable.\n","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Remission, refund, deferral, waiver and exemption of fees","content":"15 Remission, refund, deferral, waiver and exemption of fees\n(1) A determined fee may be remitted or refunded, or liability for its\npayment deferred, in accordance with the determination that\ndetermined the fee.\n(2) A determined fee is not payable—\n(a) if the person otherwise liable to pay the fee or charge is—\n(i) exempt from liability to pay the fee under the\ndetermination that determined the fee; or\n(ii) exempt from paying the fee under the Legal Aid Act 1977,\nsection 93 (1) (Exemption from fees and taxes); or\n(iii) legally assisted under a scheme or service provided or\napproved by the Attorney-General; or\n(b) if the registrar of the court or ACAT waives payment by a person\nof the fee completely or partly because the registrar considers\nthat payment of the fee would impose hardship on the person—\nto the extent of the waiver; or\n(c) for lodging a document, or for the service and execution of\nprocess, in relation to a proceeding in the Supreme Court—\n(i) in a criminal matter, including an appeal; or\n(ii) under the Coroners Act 1997; or\n\n(iii) under the Legal Profession Act 2006, chapter 4\n(Complaints and discipline); or\n(iv) under any of the following Acts:\n(A) the Adoption Act 1993;\n(B) the Children and Young People Act 2008;\n(C) the Family Violence Act 2016;\n(D) the Guardianship and Management of Property\nAct 1991;\n(E) the Mental Health Act 2015;\n(F) the Personal Violence Act 2016;\n(G) the Testamentary Guardianship Act 1984;\n(v) on appeals in relation to the following matters:\n(A) a matter under the Children and Young People\nAct 2008;\n(B) a matter under the Mental Health Act 2015;\n(C) a decision of the ACAT in relation to an application\nunder the Guardianship and Management of Property\nAct 1991; or\n(vi) on a matter that has been remitted to the court by the High\nCourt under the Judiciary Act 1903 (Cwlth), section 44; or\n(vii) in relation to which a convention to which Australia is a\nparty provides that a fee is not to be payable; or\n(viii) on an application to the court for an extension of the time\nwithin which a proceeding may be begun; or\n(ix) on an application mentioned in the Juries Act 1967,\nsection 24 (10), section 26A (2) or section 51A (3); or\n\n(x) on an application mentioned in the Spent Convictions\nAct 2000, section 14C; or\n(d) for the laying of an information in the Magistrates Court—\n(i) by the director of public prosecutions acting in the exercise\nof an official function under a territory law; or\n(ii) by a police officer acting in the exercise of an official\nfunction under a territory law; or\n(e) if it is not payable under another provision of this Act or another\nterritory law.\nNote The Territory Crown is not liable to pay a determined fee in a civil\nproceeding (see s 28 (Court fees and charges)).\n(3) This section is subject to section 16 and section 17.\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Recovery of fees in civil proceedings if fees not","content":"16 Recovery of fees in civil proceedings if fees not\notherwise payable\n(1) This section applies in relation to a civil proceeding in the Supreme\nCourt or the Magistrates Court, or an application in the ACAT,\nbetween at least 2 parties (the first party and the second party), if—\n(a) a filing fee, or a fee for the service and execution of process,\notherwise payable by the first party is—\n(i) not payable, completely or partly, because of the\nexemption of the first party under this part; or\n(ii) remitted, refunded or waived, completely or partly, under\nthis part; and\n(b) judgment is given or entered, or an order is made, in favour of\nthe first party; and\n(c) the first party’s costs are payable by the second party.\n\n(2) The court or ACAT may order the second party to pay to the registrar\nof the court or ACAT the amount of the fee exempted, remitted,\nrefunded or waived.\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Recovery of fees in criminal proceedings if fees not","content":"17 Recovery of fees in criminal proceedings if fees not\notherwise payable\n(1) This section applies in relation to a criminal proceeding in the\nMagistrates Court if—\n(a) the fee (the information fee) that would otherwise be payable\nby the informant for the laying of the information in the\nproceeding is not payable, completely or partly, under this part;\nand\n(b) the defendant is convicted of the offence alleged in the\ninformation and ordered to pay a fine.\n(2) If this section applies, the defendant must pay to the registrar of the\nMagistrates Court, in addition to the fine—\n(a) if payment of the fee is waived in part under this part—the\namount of the fee waived; or\n(b) in any other case—the information fee.\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Meaning of reviewable decision—div 3.2","content":"18 Meaning of reviewable decision—div 3.2\nIn this division:\nreviewable decision means a decision of a registrar of a court or the\nregistrar of the ACAT mentioned in table 18, column 3 under a\nprovision of this Act mentioned in column 2 in relation to the\ndecision.\n\nReview of decisions—fees Division 3.2\nTable 18 Reviewable decisions\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nperson\n1 15 (1) refuse to remit\nperson who paid fee\n2 15 (1) refuse to\nrefund fee\ncompletely or\npartly\nperson who paid fee\n3 15 (1) refuse to defer\nliability to pay\n4 15 (2) (b) refuse to waive\n5 15 (2) refuse to allow\nbenefit of an\nexemption to\npay fee\n","sortOrder":23},{"sectionNumber":"18A","sectionType":"section","heading":"Reviewable decisions—court","content":"18A Reviewable decisions—court\n(1) If the registrar of a court makes a reviewable decision, the registrar\nmust give written notice of the decision to each person mentioned in\ntable 18, column 4 in relation to the decision.\n(2) The notice must tell the person that the person may—\n(a) apply to the registrar for a statement of reasons for the decision;\nand\n(b) apply for review of the decision under this section.\n\n(3) The entity may apply to the registrar for a statement of reasons for the\ndecision within 28 days after the day when the person is given the\nnotice.\n(4) A person who receives a notice under subsection (1) may apply to the\ncourt from which the registrar gave the notice for review of the\ndecision within—\n(a) 28 days after the day the person is given notice of the decision\nby the registrar; or\n(b) if the person applies within the 28-day period for a statement of\nreasons for the decision—28 days after the day the person is\ngiven the statement of reasons.\n(5) For the review, the court—\n(a) must be constituted by—\n(i) for the Supreme Court—a judge; or\n(ii) for the Magistrates Court—a magistrate; and\n(b) may make the orders the court considers appropriate.\n","sortOrder":24},{"sectionNumber":"18B","sectionType":"section","heading":"Reviewable decisions—ACAT","content":"18B Reviewable decisions—ACAT\n(1) If the registrar of the ACAT makes a reviewable decision, the\nregistrar must give a reviewable decision notice to each person\nmentioned in table 18, column 4 in relation to the decision.\nNote The registrar must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n(2) The following may apply to the ACAT for review of a reviewable\ndecision by the registrar of the ACAT:\n(a) a person mentioned in table 18, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nReview of decisions—fees Division 3.2\n","sortOrder":25},{"sectionNumber":"18C","sectionType":"section","heading":"No fee for review by court or ACAT","content":"18C No fee for review by court or ACAT\nA fee is not payable for an application under this division.\n\n","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Definitions—pt 4","content":"20 Definitions—pt 4\ncorresponding law means a law of a State or another Territory that is\ndeclared by regulation to be a law that corresponds to this part.\nCrown includes a Minister, instrumentality or agency of the Crown\nand a person prescribed by regulation.\njudgment means a judgment or order of a court or the ACAT.\nproceeding means a civil proceeding or proceeding before the ACAT.\nTerritory Crown means the Crown in right of the Territory.\nthe Territory includes a Minister, instrumentality or agency of the\nTerritory and a person prescribed by regulation.\n","sortOrder":27},{"sectionNumber":"Div 4","sectionType":"division","heading":"2 Proceedings by and against Crown","content":"Division 4.2 Proceedings by and against Crown\ngenerally\n","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Proceedings by and against the Crown generally","content":"21 Proceedings by and against the Crown generally\n(1) Subject to this part, any relevant rules of court, the ACT Civil and\nAdministrative Tribunal Act 2008 and the Judiciary Act 1903\n(Cwlth)—\n(a) a proceeding may be brought by or against the Crown in the\nsame way as a proceeding between subjects; and\n(b) the same procedural and substantive law applies to such a\nproceeding as in a proceeding between subjects.\n\nProceedings by and against Crown generally Division 4.2\n(2) Subject to the regulations, a proceeding may be brought by or against\nthe Crown—\n(a) for the Territory Crown—under the name of the ‘Australian\nCapital Territory’; or\n(b) in any other case—under the name in which the Crown could\nsue or be sued in the courts of its own jurisdiction.\nproceeding, against the Crown, includes a proceeding to attach\nearnings or other debts owing or accruing from the Territory Crown\nto someone else.\n","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Immunities and limitations of liability","content":"22 Immunities and limitations of liability\nThis division does not affect any immunity from, or limitation on,\nliability that the Crown enjoys by statute.\n","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Corresponding laws of States and other Territories","content":"23 Corresponding laws of States and other Territories\nThe corresponding law of each State and other Territory binds the\nCrown in right of the Australian Capital Territory.\n","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Injunctive relief","content":"24 Injunctive relief\n(1) Injunctive relief may be granted against the Crown.\n(2) However, subject to the Administrative Decisions (Judicial Review)\nAct 1989, section 17 (1), a mandatory injunction cannot be made\nagainst the Crown.\n","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Protection of confidentiality on grounds of public interest","content":"25 Protection of confidentiality on grounds of public interest\nThis division does not affect any rule of law under which a person\nmay refuse to discover or produce documents, or to answer an\ninterrogatory or other question, on the ground that to do so would be\nprejudicial to the public interest.\n\n","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Right of Attorneys-General of other jurisdictions to","content":"26 Right of Attorneys-General of other jurisdictions to\nappear in proceedings\n(1) The Attorney-General of the Commonwealth may, on behalf of the\nCommonwealth, represent the Crown in right of the Commonwealth\nin any action, proceeding or matter (whether civil or criminal) in\nwhich the Crown in right of the Commonwealth is a party.\n(2) The Attorney-General of a State or another Territory may, on behalf\nof the State or other Territory, represent the Crown in right of the\nState or other Territory in any action, proceeding or matter (whether\ncivil or criminal) in which the Crown in right of the State or other\nTerritory is a party.\n","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Right of Attorney-General to intervene in proceedings","content":"27 Right of Attorney-General to intervene in proceedings\n(1) This section applies if any of the following are in issue in a court\nproceeding or proceeding before the ACAT:\n(a) the interpretation or validity of a law of the Territory or\nCommonwealth;\n(b) legislative or executive powers of the Territory or\nCommonwealth, or an instrumentality or agency of the Territory\nor Commonwealth;\n(c) judicial powers of a court or tribunal established under the law\nof the Territory or Commonwealth.\n(2) The Attorney-General may intervene in the proceeding, on behalf of\nthe Crown, to submit argument on the issue.\n(3) If the Attorney-General intervenes in a proceeding under this section,\nthe Attorney-General has the same right of appeal in the proceeding\nas a party to the proceeding.\n\nProceedings by and against Crown generally Division 4.2\n(4) If the Attorney-General intervenes in a proceeding under this section,\nand there are in the opinion of the court or ACAT special reasons for\nmaking an order under this subsection, the court or ACAT may make\nan order for costs against the Crown to reimburse the parties to the\nproceeding for costs occasioned by the intervention.\nAttorney-General includes the Attorney-General for the\nCommonwealth, the Attorney-General for each State and the\nAttorney-General for each other Territory.\nCrown includes the Crown in right of the Commonwealth, the Crown\nin right of each State and the Crown in right of each other Territory.\n","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Fees and charges in proceedings","content":"28 Fees and charges in proceedings\n(1) The Territory Crown is not required to pay any court fee or charge in\nany proceeding.\n(2) Any costs to which the Territory Crown is entitled must be calculated\nas if the Territory Crown were liable to pay, and had in fact paid, fees\nand charges from which it is exempt under subsection (1).\ncarries on business does not include imposing or collecting—\n(a) taxes; or\n(b) levies; or\n(c) fees for licences, permits or any other form of authority.\ncourt includes the ACAT.\nterritory authority means a corporation established under an Act, but\ndoes not include a body declared under the Financial Management\nAct 1996, section 3B not to be a territory authority.\nTerritory Crown does not include a territory authority so far as the\nauthority carries on business.\n\n","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Enforcement of judgments against Territory Crown","content":"29 Enforcement of judgments against Territory Crown\n(1) A writ or similar process must not be issued out of any court or the\nACAT to enforce a judgment against the Territory Crown.\n(2) If—\n(a) a final judgment is given against the Territory Crown; and\n(b) the judgment has not been paid; and\n(c) the judgment has not been appealed against or stayed (or, if it\nhas, the appeal has been disallowed or discontinued or the stay\nhas been removed); and\n(d) at least 28 days have elapsed since the judgment was given;\nthe party in whose favour the judgment was given may give a copy of\nthe judgment to the Treasurer.\n(3) If the Treasurer receives a copy of a final judgment under\nsubsection (2), the Treasurer must give directions about how the\njudgment is to be paid unless the Treasurer is satisfied that the\njudgment can be, or has been, paid in another way.\n(4) A direction under this section that requires payment of public money\nof the Territory operates to authorise payment of the money.\n(5) The Financial Management Act 1996, section 6 (Necessity for\nappropriation) does not apply to a payment made in accordance with\na direction under this section.\n(6) A direction under this section that requires payment of an amount\nfrom the funds of a territory authority or instrumentality provides\nsufficient authority for the payment.\n(7) In this section:\nTerritory Crown—see section 28 (3).\n\nProvisions applying only to the Territory Division 4.3\n","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Enforcement of judgments against Crown in right of a","content":"30 Enforcement of judgments against Crown in right of a\nState or another Territory\n(1) A writ or similar process must not be issued out of any ACT court or\nthe ACAT to enforce a judgment against the Crown in right of a State\nor another Territory.\n(2) If a final judgment is given by an ACT court or the ACAT against the\nCrown in right of a State or another Territory, the court must give a\ncopy of the judgment to the Governor or Administrator of the State\nor Territory.\n","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Enforcement of judgments by the Crown","content":"31 Enforcement of judgments by the Crown\nSubject to this part, any relevant rules of court and the ACT Civil and\nAdministrative Tribunal Act 2008, a judgment recovered by the\nCrown may be enforced in the same way as a judgment in a\nproceeding between subjects, and not in any other way.\nDivision 4.3 Provisions applying only to the\nTerritory\n","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Endorsement etc of originating process","content":"32 Endorsement etc of originating process\n(1) If a proceeding is brought against the Territory, a statement\ncontaining the information prescribed by regulation (if any) must be\nendorsed on, or annexed to, the process by which the proceeding is\nbegun.\n(2) A failure to comply with subsection (1) does not render a proceeding\nvoid unless the court is of the opinion that the Territory has been\nprejudiced by that failure.\n","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Service generally","content":"33 Service generally\n(1) Any process or document relating to a proceeding must be served on\nthe Territory by serving the process or document on the chief\nsolicitor.\n\nDivision 4.3 Provisions applying only to the Territory\n(2) However—\n(a) if this part makes special provision about service of the process\nor document—the process or document must be served in\naccordance with the special provision; and\n(b) if the party serving the process or document has notice that a\nlawyer other than the government solicitor is acting for the\nTerritory in relation to the proceeding—the process or document\nmust be served on that lawyer.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Service of subpoenas etc on Ministers","content":"34 Service of subpoenas etc on Ministers\n(1) A subpoena or other process issued by a court, tribunal or authority\nrequiring a Minister to appear, in the Minister’s official capacity, to\ngive evidence, or to produce documents, must be given to the chief\nsolicitor for service on the Minister.\n(2) The chief solicitor must, on receiving a subpoena or other process\nmentioned in subsection (1), make reasonable endeavours to serve it\non the Minister and must provide proof of service to the court,\ntribunal or other authority.\n(3) The chief solicitor, if unable to serve a subpoena or other process\nwithin a reasonable time, must tell the court, tribunal or other\nauthority of the reasons for not being able to effect service and, in that\ncase, the court, tribunal or other authority may direct that service be\neffected in some other way.\n","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Representation if right to legal representation restricted","content":"35 Representation if right to legal representation restricted\n(1) This section applies to a proceeding if—\n(a) the Territory or Attorney-General is a party to the proceeding;\nand\n\nOther provisions Division 4.4\n(b) an Act removes or restricts the right of a party to the proceeding\nto be represented by a lawyer.\n(2) The Territory or Attorney-General may be represented by a public\nservant (other than a lawyer, articled clerk or person who holds legal\nqualifications under a territory law or the law of another place) who\nis authorised to conduct the proceeding on behalf of the Territory or\nAttorney-General.\n(3) In the proceeding, a document apparently signed by a relevant person\nthat appears to be an authorisation under subsection (2) must be\naccepted as an authorisation in the absence of evidence to the\ncontrary.\nrelevant person means—\n(a) a Minister; or\n(b) a director-general; or\n(c) the chief executive officer of a territory agency or\ninstrumentality.\n","sortOrder":43},{"sectionNumber":"36","sectionType":"section","heading":"Exclusion of certain proceedings","content":"36 Exclusion of certain proceedings\nThis part does not affect—\n(a) any proceeding for the recovery or enforcement of a fine,\npenalty or forfeiture (including the escheatment of a\nrecognisance) imposed in a criminal proceeding; or\n(b) any law, custom or procedure under which the Attorney-General\nis entitled or liable to sue, or be sued, or intervene in a\nproceeding, on behalf of the Crown, on the relation, or on behalf\nof, any other person or people or in any other capacity or for any\nother purposes.\n\n","sortOrder":44},{"sectionNumber":"37","sectionType":"section","heading":"Regulations for pt 4","content":"37 Regulations for pt 4\nA regulation may make provision in relation to—\n(a) the details to be stated or to accompany process served on the\nTerritory; and\n(b) the service of process or other documents under this part.\n\n","sortOrder":45},{"sectionNumber":"40","sectionType":"section","heading":"Definitions—pt 5","content":"40 Definitions—pt 5\nassistant sheriff means a person who is appointed under the Supreme\nCourt Act 1933, section 53 (Sheriff’s assistants).\ncourt means—\n(a) the Supreme Court; or\n(b) the Magistrates Court; or\n(c) the Childrens Court; or\n(d) the Coroner’s Court; or\n(e) the ACAT; or\n(f) a board of inquiry established under the Inquiries Act 1991; or\n(g) a royal commission established under the Royal Commissions\nAct 1991; or\n(h) a judicial commission established under the Judicial\nCommissions Act 1994; or\n(i) the judicial council established under the Judicial Commissions\nAct 1994, section 5A; or\n(j) a court prescribed by regulation; or\n(k) any other tribunal or entity that is authorised to hear, receive and\nexamine evidence and is prescribed by regulation.\ncourt premises means the premises or place where a court is held or\nthat is used in relation to the operations of a court, and includes—\n(a) a forecourt, courtyard, yard or area used with court premises;\nand\n\n(b) a part of premises or a place used as an entrance to or exit from\ncourt premises.\ndeputy sheriff means a person who is appointed as a deputy sheriff of\nthe Territory under the Supreme Court Act 1933, section 46\n(Appointments).\nexplosive—see the Dangerous Substances Act 2004, section 73.\nfirearm—see the Firearms Act 1996, section 6.\njudge includes a person prescribed by regulation for this definition.\nmagistrate includes a person prescribed by regulation for this\ndefinition.\noffensive weapon means—\n(a) anything made or adapted for use, or capable of being used, for\ncausing injury to or incapacitating a person; or\n(b) anything intended for that use by the person who is carrying it\nor otherwise has it in the person’s possession;\nand includes an imitation or replica of an offensive weapon.\nscreening search means—\n(a) for a search of a person—a search by equipment designed to\nconduct the search without touching the person; and\n(b) for a search of a thing—a search by equipment designed to\nconduct the search without touching the thing or requiring it to\nbe opened.\nsecurity officer means—\n(a) a police officer; or\n(b) a sheriff’s officer; or\n(c) a person who is appointed as a security officer under section 51.\n\nsheriff means the person appointed as the sheriff of the Territory\nunder the Supreme Court Act 1933, section 46 (Appointments).\nsheriff’s officer means the sheriff, an assistant sheriff or a deputy\nsheriff.\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Right of entry etc to court premises","content":"41 Right of entry etc to court premises\n(1) A person has a right to enter and remain in an area of court premises\nthat is open to the public if—\n(a) the person complies with all orders made by a judge or\nmagistrate, whether under this Act or otherwise; and\n(b) the person complies with all the requirements made under this\npart by a security officer; and\n(c) if the person wishes to enter or remain in a courtroom where a\ncourt is sitting or about to sit—there is seating for the person in\nthe courtroom.\n(2) This section is subject to—\n(a) the ACT Civil and Administrative Tribunal Act 2008, section 39\n(Hearings in private or partly in private); and\n(b) section 72 (Court proceedings involving children or young\npeople not open to public); and\n(c) the Crimes (Child Sex Offenders) Act 2005, section 132ZG\n(Proceedings for orders to be closed to public); and\n(d) the following sections of the Evidence (Miscellaneous\nProvisions) Act 1991:\n(i) section 11 (Consequential orders—pt 2.2);\n(ii) section 50 (Evidence to be given in closed court);\n(iii) section 70 (Consequential orders—div 4.3.5);\n(iv) section 73 (Certain evidence to be given in closed court);\n\n(v) section 77 (c) (Application for leave under s 76);\n(vi) section 79G (5) (Preliminary examination of protected\nconfidence evidence);\n(vii) section 79I (2) (a) (Ancillary orders for protection of\nperson who made protected confidence);\n(viii) section 102 (Witness with vulnerability may give evidence\nin closed court);\n(ix) section 111 (4) (Prohibition of publication of\nevidence etc); and\n(e) the Inquiries Act 1991, section 21 (3) (Power to hold); and\n(f) the Magistrates Court Act 1930, section 310 (Hearings generally\nto be in public); and\n(g) the Royal Commissions Act 1991, section 28 (3) (Power to hold);\nand\n(h) the Workplace Privacy Act 2011, section 27; and\n(i) the inherent jurisdiction of a court to regulate its proceedings;\nand\n(j) any other law in force in the ACT about the people who may be\npresent in a court or on court premises.\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Powers under part additional to other powers","content":"42 Powers under part additional to other powers\nThe powers under this part are additional to any other powers that a\ncourt, judge, magistrate, police officer, sheriff’s officer or anyone else\nhas apart from this part.\n\n","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Security officer to be identified before exercising powers","content":"43 Security officer to be identified before exercising powers\n(1) A security officer who is not a police officer or sheriff’s officer may\nexercise a power under this part in relation to a person only if—\n(a) the officer first identifies himself or herself as a security officer\nif it is practicable to do so; and\n(b) the officer produces his or her identity card for inspection by the\nperson if the person asks the officer to do so.\n(2) A security officer who is a police officer or sheriff’s officer and is not\nin uniform may exercise a power under this part in relation to a person\nonly if—\n(a) the officer first identifies himself or herself as a police officer or\nsheriff’s officer if it is practicable to do so; and\n(b) the officer produces evidence that he or she is a police officer or\nsheriff’s officer if the person asks the officer to do so.\n(3) If a security officer fails to comply with this section in relation to a\nperson, the person is not obliged to comply with a requirement made\nby the officer.\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Person may be required to state name etc","content":"44 Person may be required to state name etc\n(1) If a security officer believes, on reasonable grounds, that a person\nentering or on court premises is behaving unlawfully, is behaving in\na disorderly or menacing way or is a threat to court security, the\nsecurity officer may require the person to tell the officer—\n(a) the person’s name; and\n(b) the person’s reason for entering or being on the premises.\n(2) A person must not, without reasonable excuse, fail to tell a security\nofficer the person’s name, or the person’s reason for entering or being\non the court premises, when required to do so under subsection (1).\nMaximum penalty: 5 penalty units.\n\n(3) A person must not give a name, or other information, that is false or\nmisleading in a material particular in purported compliance with a\nrequirement under subsection (1).\nMaximum penalty: 20 penalty units.\n","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"Searches","content":"45 Searches\n(1) A security officer may require a person entering or on court premises\nto do any of the following:\n(a) to undergo a screening search;\n(b) to allow anything in the person’s possession to be subjected to a\nscreening search;\n(c) to open and empty out the person’s pockets;\n(d) to open or empty a briefcase, bag or container (for example, a\nbox or carton) the person is carrying or is otherwise in the\nperson’s possession or allow the security officer to search\nanything the person is carrying or is otherwise in the person’s\npossession.\n(2) A requirement made by a security officer under this section—\n(a) may be made only if the officer believes on reasonable grounds\nthat it is prudent for court security; and\n(b) may be of general application; and\n(c) must comply with any written policy made in relation to\nsearches under this section by—\n(i) the Chief Justice; or\n(ii) the Chief Magistrate; or\n(iii) the president of the ACAT.\n\n(3) If a security officer makes a requirement of a person under this\nsection, the person must immediately comply with the requirement or\nleave the court premises.\nMaximum penalty: 50 penalty units.\n(4) A security officer who conducts a search under this section must not\nuse more force, or subject a person to greater indignity, than is\nnecessary to conduct the search.\n","sortOrder":51},{"sectionNumber":"46","sectionType":"section","heading":"Seizure and forfeiture of firearms etc","content":"46 Seizure and forfeiture of firearms etc\nA security officer may seize a firearm, explosive or offensive weapon\nthat a person entering or on court premises is carrying or otherwise\nhas in the person’s possession.\n","sortOrder":52},{"sectionNumber":"47","sectionType":"section","heading":"Security officer may require thing that may hide firearms","content":"47 Security officer may require thing that may hide firearms\netc to be left\n(1) A security officer may require a person entering or on court premises\nwith anything to leave the thing with the officer if the officer believes\non reasonable grounds that the thing may contain a firearm, explosive\nor offensive weapon or be used as an offensive weapon.\n(2) If a security officer makes a requirement of a person under this\nsection, the person must immediately comply with the requirement or\nleave the court premises.\nMaximum penalty: 50 penalty units, 6 months imprisonment or both.\n(3) If a person leaves something with a security officer under this section,\nthe person is entitled, on request to a security officer, to the return of\nthe thing when the person leaves the court premises.\n","sortOrder":53},{"sectionNumber":"48","sectionType":"section","heading":"Unlawful, disorderly conduct etc","content":"48 Unlawful, disorderly conduct etc\n(1) If a security officer believes on reasonable grounds that a person\nentering or on court premises is behaving unlawfully or in a\ndisorderly or menacing way, the officer may require the person not to\nenter, or to leave, the court premises.\n\n(2) However, if the person tells the security officer that the person is\nrequired to attend the court, the officer may only make the\nrequirement with the court’s leave or if the officer is satisfied on\nreasonable grounds that the person is not required to attend the court.\n(3) For this section, a person is required to attend a court if—\n(a) the person is a lawyer who is to appear before the court; or\n(b) the person is a party to a proceeding being heard, or about to be\nheard, by the court; or\n(c) the person is required to attend the court by a summons,\nsubpoena or other court process or order; or\n(d) the person is accompanying a person mentioned in paragraph (a)\nto (c).\n(4) A person must not contravene a requirement under this section.\nMaximum penalty: 50 penalty units, 6 months imprisonment or both.\n","sortOrder":54},{"sectionNumber":"49","sectionType":"section","heading":"Contravention of requirement of security officer","content":"49 Contravention of requirement of security officer\n(1) If a person contravenes a requirement of a security officer under\nsection 44 (Person may be required to state name etc), section 45\n(Searches) or section 47 (Security officer may require thing that may\nhide firearms etc to be left), a security officer may require the\nperson—\n(a) not to enter the court premises or a part of the court premises; or\n(b) to immediately leave the court premises or a part of the court\npremises.\n(2) However, if the person tells the security officer that the person is\nrequired to attend the court, the officer may only make the\nrequirement with the court’s leave or if the officer is satisfied on\nreasonable grounds that the person is not required to attend the court.\n\n(3) For this section, a person is required to attend a court if—\n(a) the person is a lawyer who is to appear before the court; or\n(b) the person is a party to a proceeding being heard, or about to be\nheard, by the court; or\n(c) the person is required to attend the court by a summons,\nsubpoena or other court process or order; or\n(d) the person is accompanying a person mentioned in paragraph (a)\nto (c).\n(4) A person must not contravene a requirement under this section.\nMaximum penalty: 50 penalty units.\n(5) A security officer may prevent a person from entering court premises\nor a part of court premises in contravention of a requirement under\nthis section or section 48.\n(6) If a person on court premises contravenes a requirement under this\nsection or section 48, a security officer may require the person to\nleave the court premises and, if the person does not immediately leave\nthe court premises, remove the person from the court premises using\nreasonable force.\n","sortOrder":55},{"sectionNumber":"50","sectionType":"section","heading":"Judge, magistrate or presidential member may close","content":"50 Judge, magistrate or presidential member may close\ncourt premises\n(1) If a judge, magistrate or presidential member considers it necessary\nfor securing order and safety in court premises or a part of court\npremises, the judge, magistrate or presidential member may—\n(a) order members of the public generally, or stated members of the\npublic, to leave the court premises or a part of the court\npremises; or\n(b) order members of the public generally, or stated members of the\npublic, not to be admitted to the court premises or a part of the\ncourt premises.\n\n(2) A person must not contravene an order of a judge, magistrate or\npresidential member under this section.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) A security officer may prevent a person from entering court premises\nor a part of court premises in contravention of an order under this\n(4) If a person on court premises contravenes an order under this section,\na security officer may require the person to leave the court premises\nand, if the person does not immediately leave the court premises,\nremove the person from the court premises using reasonable force.\npresidential member—see the ACT Civil and Administrative\nTribunal Act 2008, dictionary.\n","sortOrder":56},{"sectionNumber":"51","sectionType":"section","heading":"Security officers","content":"51 Security officers\n(1) The director-general may appoint a person (other than a police officer\nor sheriff’s officer) to be a security officer.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\nNote 3 Each police officer and sheriff’s officer is a security officer (see s 40, def\nsecurity officer).\n(2) The director-general may appoint a person as a security officer only\nif the director-general is satisfied the person—\n(a) holds a security licence; and\n\n(b) has not committed an offence against this part or has not been\nconvicted or found guilty of an offence involving fraud,\ndishonesty, violence, drugs or weapons; and\n(c) is capable of competently exercising the functions of a security\nofficer under this part.\n(3) The director-general may end the appointment of a person as a\nsecurity officer if—\n(a) the person ceases to hold a security licence; or\n(b) the person is not employed by a person holding a master licence\nunder the Security Industry Act 2003; or\n(c) the person commits an offence against this part or has been\nconvicted or found guilty of an offence involving fraud,\ndishonesty, violence, drugs or weapons; or\n(d) the person is not capable of competently exercising the functions\nof a security officer under this part; or\n(e) the director-general and the person agree to the revocation.\nNote A security officer’s appointment also ends if the officer resigns (see Legislation\nAct, s 210).\nsecurity licence means a licence under the Security Industry Act 2003\nthat authorises the licensee to patrol, protect, watch or guard property\n(including cash in transit), whether or not it authorises the licensee to\ndo anything else.\n\n","sortOrder":57},{"sectionNumber":"52","sectionType":"section","heading":"Identity cards for security officers","content":"52 Identity cards for security officers\n(1) The director-general must issue an identity card to each security\nofficer who is not a police officer or sheriff’s officer.\n(2) The identity card must—\n(a) state that the person to whom the card is issued is a security\nofficer for this part; and\n(b) show—\n(i) a recent photograph of the person; and\n(ii) the name of the person; and\n(iii) the date of issue of the card; and\n(iv) a date of expiry of the card; and\n(v) anything else prescribed by regulation.\n(3) A security officer who is not a police officer or sheriff’s officer\n(a) at all times while on duty at court premises wear the officer’s\nidentity card so it is clearly visible; and\n(b) produce it for inspection by a person if the person asks the\nsecurity officer to do so.\nMaximum penalty: 1 penalty unit.\n(4) A person appointed as a security officer who ceases to be a security\nofficer must return the officer’s identity card to the director-general\nas soon as practicable, but within 21 days after ceasing to be a security\nofficer.\nMaximum penalty: 1 penalty unit.\n\nMediation Part 5A\n","sortOrder":58},{"sectionNumber":"52A","sectionType":"section","heading":"Definitions—pt 5A","content":"52A Definitions—pt 5A\naccredited mediator means a person who is entered as a mediator in\nthe register of nationally accredited mediators maintained by the\nMediator Standards Board.\nmediation means a meeting between parties to a proceeding in a court\nor an application to the ACAT and an accredited mediator for\nresolving a matter to which the proceeding or application relates, and\nincludes a thing done—\n(a) to arrange the meeting (whether or not successfully); or\n(b) to follow up anything raised in the meeting.\nmediation material means—\n(a) a communication made at mediation; or\n(b) a document, whether delivered or not, prepared—\n(i) for or during mediation; or\n(ii) following a decision made or undertaking given in\nmediation.\nMediator Standards Board means the Mediator Standards Board\nLimited (ACN 145 829 812).\n\n","sortOrder":59},{"sectionNumber":"52B","sectionType":"section","heading":"Admissibility of information given at mediation","content":"52B Admissibility of information given at mediation\n(1) Evidence of mediation material is not admissible in a proceeding\nbefore any of the following, except in accordance with the Evidence\nAct 2011, section 131 (Exclusion of evidence of settlement\nnegotiations):\n(a) a court;\n(b) an entity authorised to hear and receive evidence;\n(c) an entity authorised by the consent of the parties to hear\nevidence.\n(2) Evidence of mediation material is not admissible in a proceeding\nunder the ACT Civil and Administrative Tribunal Act 2008 unless all\nparties agree to the giving of the evidence.\n","sortOrder":60},{"sectionNumber":"52C","sectionType":"section","heading":"Secrecy","content":"52C Secrecy\n(1) A person who is or has been an accredited mediator must not disclose\nmediation material.\n(2) However, this section does not apply if—\n(a) the disclosure is required under a territory law or\nCommonwealth law; or\n(b) the disclosure is made with the consent of the parties to\nmediation; or\n(c) the disclosure is made with the consent of the person who gave\nthe material to the accredited mediator; or\n(d) the person mentioned in subsection (1) believes on reasonable\ngrounds that—\n(i) a person’s life, health or property is under serious and\nimminent threat and the disclosure is necessary to avert, or\nmitigate the consequences of, its realisation; or\n\nMediation Part 5A\n(ii) the disclosure is necessary to report to the appropriate\nauthority the commission of an offence or prevent the\nlikely commission of an offence.\noffence means an offence involving—\n(a) violence, or the threat of violence, to a person; or\n(b) intentional damage, or the threat of intentional damage, to\nproperty.\n","sortOrder":61},{"sectionNumber":"52D","sectionType":"section","heading":"Protection of accredited mediator from liability","content":"52D Protection of accredited mediator from liability\n(1) An accredited mediator is not civilly liable for anything done or\nomitted to be done honestly for the purpose of a mediation.\n(2) The same privilege in relation to defamation that applies to judicial\nproceedings applies to—\n(a) mediation; or\n(b) mediation material—\n(i) produced at mediation; or\n(ii) given to an accredited mediator for arranging, conducting\nor following up mediation.\n\nPart 6 Procedural provisions—all proceedings\nPart 6 Procedural provisions—all\n53 Application—pt 6\nThis part applies to all proceedings in the Supreme Court or\nMagistrates Court.\n","sortOrder":62},{"sectionNumber":"54","sectionType":"section","heading":"No distinction between court and chambers","content":"54 No distinction between court and chambers\nThe business of a court, wherever it is conducted, is taken to be\nconducted in court.\n\nProcedural provisions—criminal proceedings Part 6A\n","sortOrder":63},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Procedural provisions—criminal","content":"Part 6A Procedural provisions—criminal\n","sortOrder":64},{"sectionNumber":"55","sectionType":"section","heading":"Provision of interpreters","content":"55 Provision of interpreters\n(a) evidence is to be given by a witness in a criminal proceeding\nthrough an interpreter; and\n(i) the witness does not wish to provide the interpreter; or\n(ii) the court considers that the person provided, or proposed\nto be provided, by the witness as an interpreter is not\ncompetent to interpret for the witness in the proceeding.\nNote The Evidence Act 2011, s 30 provides that a witness in a proceeding in\nan ACT court may give evidence through an interpreter unless the witness\ncan understand and speak the English language sufficiently to enable the\nwitness to understand, and to make an adequate reply to, a question put\nto the witness.\n(2) The prosecutor must provide a person who is competent to interpret\nfor the witness in the proceeding.\n\n","sortOrder":65},{"sectionNumber":"Part 7","sectionType":"part","heading":"Procedural provisions—civil","content":"Part 7 Procedural provisions—civil\n","sortOrder":66},{"sectionNumber":"60","sectionType":"section","heading":"Application—pt 7","content":"60 Application—pt 7\nThis part (other than section 63) applies to a civil proceeding in the\nSupreme Court or Magistrates Court.\nNote Section 63 (Receivers) applies only to a civil proceeding in the Supreme\nCourt.\n","sortOrder":67},{"sectionNumber":"61","sectionType":"section","heading":"Counterclaims and third parties","content":"61 Counterclaims and third parties\n(1) In a proceeding in the court, the defendant is entitled to relief\n(whether at law or in equity)—\n(a) against the plaintiff, if the relief claimed would have been\ngranted to the defendant if the defendant had started a separate\nproceeding against the plaintiff; or\n(b) against someone other than the plaintiff, if—\n(i) the relief claimed relates to the subject matter of the\nproceeding; and\n(ii) the person is served with written notice of the claim; and\n(iii) the claim would have been granted to the defendant if the\ndefendant had started a separate proceeding against the\n(2) If a person is served with a notice mentioned in subsection (1) (b) (ii),\nthe person is taken to be a party to the relevant proceeding with the\nsame rights as if the defendant had started a separate proceeding\nagainst the person.\n\nProcedural provisions—civil proceedings Part 7\n","sortOrder":68},{"sectionNumber":"62","sectionType":"section","heading":"Injunctions","content":"62 Injunctions\n(1) At any stage of a proceeding, the court may grant an injunction\n(interlocutory or otherwise) on the conditions the court considers\nappropriate if the court considers it appropriate to do so.\n(2) Without limiting subsection (1), the court may grant an injunction to\nrestrain any threatened or apprehended waste, trespass, breach of\ncontract or other injury.\n(3) Subsection (2) applies in relation to a threatened waste or trespass to\nland whether or not—\n(a) the person against whom the injunction is sought claims any title\nto the land; or\n(b) that person is in possession of the land; or\n(c) the estates claimed by both or either of the parties are legal or\nequitable.\n","sortOrder":69},{"sectionNumber":"63","sectionType":"section","heading":"Receivers","content":"63 Receivers\n(1) This section applies only to a civil proceeding in the Supreme Court.\n(2) At any stage of the proceeding, the court may appoint a receiver if the\ncourt considers it appropriate to do so.\n(3) The appointment may be made on the conditions the court considers\nappropriate.\n","sortOrder":70},{"sectionNumber":"64","sectionType":"section","heading":"Rules of practice and procedure—judicial discretion","content":"64 Rules of practice and procedure—judicial discretion\nIn a proceeding, if no provision about a matter of practice or\nprocedure of a court is made under this Act or another territory law,\nthe court may give the directions about practice and procedure that it\nconsiders appropriate.\n\n","sortOrder":71},{"sectionNumber":"65","sectionType":"section","heading":"Appearance by lawyer","content":"65 Appearance by lawyer\nA party to a proceeding in a court may appear before the court either\npersonally or by a lawyer.\n","sortOrder":72},{"sectionNumber":"66","sectionType":"section","heading":"Non-appearance or absence of some defendants","content":"66 Non-appearance or absence of some defendants\n(1) When there are several defendants in any cause pending in the court,\nif any defendant is not served with process and does not voluntarily\nappear, the court may nevertheless entertain the cause and proceed to\nhear and determine it between the parties who are properly before the\ncourt.\n(2) The judgment referred to in subsection (1) in a cause does not\nprejudice a defendant in the cause who is not served with process and\ndoes not voluntarily submit to the jurisdiction of the court.\n(3) If, in a suit of which the court has jurisdiction, a defendant is not a\nresident of, or in, Australia and does not voluntarily appear in the suit,\nthe court may nevertheless exercise its jurisdiction after notice to the\ndefendant, and on the conditions, prescribed under the rules.\n","sortOrder":73},{"sectionNumber":"67","sectionType":"section","heading":"Amendment of defects","content":"67 Amendment of defects\n(1) The court may at any time amend a defect or error in a proceeding in\nthe court.\n(2) The amendment may be made on the conditions the court considers\njust.\n(3) An amendment under this section is to be made for the purpose of\ndeciding the real questions in issue in the proceeding.\n\nProcedural provisions—civil proceedings Part 7\n","sortOrder":74},{"sectionNumber":"68","sectionType":"section","heading":"Formal defects to be amended","content":"68 Formal defects to be amended\n(1) No proceedings in the court are to be invalidated by any formal defect\nor by any irregularity, unless the court is of opinion that substantial\ninjustice has been caused and that the injustice cannot be remedied by\nan order of the court.\n(2) The court may make an order declaring that any proceeding is valid\ndespite any formal defect or any irregularity.\n\n","sortOrder":75},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Procedural provisions—","content":"Part 7A Procedural provisions—\nproceedings involving children\nor young people\n","sortOrder":76},{"sectionNumber":"68A","sectionType":"section","heading":"Definitions—pt 7A and div 7A.1","content":"68A Definitions—pt 7A and div 7A.1\n(1) In this part:\ncommissioner means the person appointed as the Aboriginal and\nTorres Strait Islander Children and Young People Commissioner\nunder the Aboriginal and Torres Strait Islander Children and Young\nPeople Commissioner Act 2022, section 10.\nAboriginal or Torres Strait Islander child or young person means a\nchild or young person who is an Aboriginal or Torres Strait Islander\nAboriginal or Torres Strait Islander person—see the Aboriginal and\nTorres Strait Islander Children and Young People Commissioner\nAct 2022, dictionary.\ncare and protection chapters means the care and protection chapters\nunder the Children and Young People Act 2008.\nchild—see the Children and Young People Act 2008, section 11.\ndirector-general means the director-general responsible for the\nChildren and Young People Act 2008.\nyoung person—see the Children and Young People Act 2008,\nsection 12.\n\n(2) In this division:\ndaily care responsibility—see the Children and Young People\nAct 2008, section 19.\nlong-term care responsibility—see the Children and Young People\nAct 2008, section 20.\nvictim, of an offence—see the Crimes (Sentencing) Act 2005,\nsection 47.\n","sortOrder":77},{"sectionNumber":"69","sectionType":"section","heading":"Childrens Court procedure","content":"69 Childrens Court procedure\n(1) The Magistrates Court Act 1930, chapter 3 (Criminal proceedings),\nand the rules applying to criminal proceedings in the Magistrates\nCourt, apply to the Childrens Court in relation to a criminal\n(2) The rules applying to civil proceedings in the Magistrates Court apply\nto the Childrens Court in relation to any other proceeding.\n","sortOrder":78},{"sectionNumber":"71","sectionType":"section","heading":"When parents must attend court proceedings","content":"71 When parents must attend court proceedings\n(1) A parent of a child or young person who is the subject of a proceeding\nin a court must attend the court throughout the proceeding if—\n(a) notice of the proceeding has been given to the parent; or\n(b) the parent otherwise knows of the proceeding.\n(2) Notice of a proceeding given to a parent must state—\n(a) when and where the hearing of the proceeding will begin; and\n(b) that a warrant may be issued to bring the parent before the court\nif the parent does not attend throughout the proceeding.\n(3) The court may issue a warrant to bring a parent of a child or young\nperson before the court if—\n(a) notice of the proceeding has been given to a parent of the child\nor young person; but\n\n(b) neither parent attends the court at the beginning of, or at any\ntime during, the proceeding.\n(4) This section applies to a parent who lives in or outside the ACT.\n(5) However, this section does not apply to a parent if—\n(a) daily care responsibility or long-term care responsibility for the\nchild or young person has been transferred to someone else; or\n(b) for a criminal proceeding—the parent was a victim of an offence\nto which the proceeding relates and the court excludes the parent\nunder section 72 (2); or\n(c) exceptional circumstances prevent the parent from attending.\nExamples—par (c)\n1 the parent is overseas and unable to return\n2 the parent is serving a sentence of imprisonment by full-time detention\n(6) Also, this section does not apply to a proceeding under the care and\nprotection chapters.\n","sortOrder":79},{"sectionNumber":"72","sectionType":"section","heading":"Court proceedings involving children or young people","content":"72 Court proceedings involving children or young people\nnot open to public\n(1) If a child or young person is the subject of a proceeding in a court,\nthe following people are the only people who may be present at the\nhearing of the proceeding:\n(a) an officer of the court;\n(b) a party to the proceeding, a lawyer representing the party, and\nan employee of the lawyer;\n(c) a parent of the child or young person;\n(d) someone else who has daily care responsibility, or long-term\ncare responsibility, for the child or young person;\n(e) anyone else the court admits as the child’s or young person’s\nrepresentative;\n\n(f) the director-general or an authorised person under the Children\nand Young People Act 2008;\n(g) the public advocate or a person authorised by the public\nadvocate for this section;\n(h) if the child or young person is an Aboriginal or Torres Strait\nIslander person—\n(i) the Aboriginal and Torres Strait Islander children and\nyoung people commissioner; or\n(ii) a person authorised by the Aboriginal and Torres Strait\nIslander children and young people commissioner for this\nsection;\n(i) a person who has, or a representative of an entity that has,\nprovided a report under the care and protection chapters;\n(j) for a criminal proceeding—a person who attends the proceeding\nto prepare a news report of the proceeding and is authorised to\nattend for that purpose by the person’s employer;\nNote Publishing certain information about proceedings involving\nchildren is an offence (see Criminal Code, s 712A (Publishing\nidentifying information about childrens proceedings)).\n(k) for a criminal proceeding—a person who was a victim of an\noffence to which the proceeding relates, unless the person is\nexcluded by the court under subsection (2);\n(l) for a criminal proceeding in which circle sentencing is being\nconsidered—a person involved in the circle sentencing;\n(m) anyone else required or permitted to be present by the court or\nunder the Children and Young People Act 2008 or any other Act.\n\n(2) A court may exclude a person who was a victim of an offence to\nwhich a criminal proceeding relates from being present at the hearing\nof the proceeding if it considers it is appropriate to do so having\nregard to—\n(a) the person’s behaviour or expected behaviour; or\n(b) the nature of the person’s relationship with the child or young\nExample—par (b)\na violent or abusive relationship\n(3) The public advocate and the director-general may make submissions\nto the court about whether the court should require or permit a person\nto be present under subsection (1) (m), or exclude a person under\nsubsection (2).\n(4) If an Aboriginal or Torres Strait Islander child or young person is the\nsubject of a proceeding in a court, the Aboriginal and Torres Strait\nIslander children and young people commissioner may also make\nsubmissions to the court about whether the court should require or\npermit a person to be present under subsection (1) (m), or exclude a\nperson under subsection (2).\ncircle sentencing—see the Magistrates Court Act 1930, dictionary.\n","sortOrder":80},{"sectionNumber":"73","sectionType":"section","heading":"Court may excuse parties from attending proceedings","content":"73 Court may excuse parties from attending proceedings\n(1) This section applies if a child or young person is the subject of a\nproceeding in a court.\n(2) On the application of a party to the proceeding, the court may excuse\nthe party from attending all or part of the proceeding.\n(3) The court may, at any time and by notice given to the party, require\nthe party to attend the proceeding.\n\n","sortOrder":81},{"sectionNumber":"74","sectionType":"section","heading":"Certain related applications may be heard together","content":"74 Certain related applications may be heard together\n(1) If 2 or more applications have been filed in a court in relation to a\nchild or young person, the court may hear and decide the applications\ntogether if it considers that it would be in the best interests of the child\nor young person.\n(2) If 2 or more applications are before a court in relation to children or\nyoung people who are related, or that raise related matters about\nchildren or young people, the court may hear and decide the\napplications together if it considers that it would be in the best\ninterests of each child or young person.\n","sortOrder":82},{"sectionNumber":"74A","sectionType":"section","heading":"Participation of children and young people in","content":"74A Participation of children and young people in\n(1) A child or young person has a right to take part in a proceeding in a\ncourt in relation to the child or young person.\n(2) The court may ask the director-general to assist the court by giving\nthe child or young person sufficient information about the\nproceeding, in language and a way that the child or young person can\nunderstand, to allow the child or young person to take part fully in the\n","sortOrder":83},{"sectionNumber":"74B","sectionType":"section","heading":"Court must ensure children and young people etc","content":"74B Court must ensure children and young people etc\nunderstand proceedings\nIn a proceeding under the Children and Young People Act 2008 or\nanother territory law to which a child or young person is a party, the\ncourt must endeavour to ensure that the child or young person and\nany other party present at the hearing of the proceeding—\n(a) understands the nature and purpose of the proceeding and of any\norder that the court proposes to make or has made; and\n(b) if any relevant right of appeal exists—knows of the existence of\na right of appeal against the relevant finding or order of the\ncourt.\n\n74C Director-general, public advocate and Aboriginal and\nTorres Strait Islander children and young people\ncommissioner etc may appear at proceedings\n(1) This section applies if there is a hearing in a court of—\n(a) a proceeding against a child or young person; or\n(b) an application, proceeding or matter under the Children and\nYoung People Act 2008 or in relation to which that Act applies.\n(2) Each of the following is entitled to appear and be heard and may call\nwitnesses:\n(a) the director-general;\n(b) an authorised person under the Children and Young People\nAct 2008;\n(c) the public advocate;\n(d) a person authorised by the public advocate for this section;\n(e) if the hearing relates to an Aboriginal or Torres Strait Islander\nchild or young person—\n(i) the Aboriginal and Torres Strait Islander children and\nyoung people commissioner; or\n(ii) a person authorised by the Aboriginal and Torres Strait\nIslander children and young people commissioner for this\n","sortOrder":84},{"sectionNumber":"74D","sectionType":"section","heading":"Court may order report about young person","content":"74D Court may order report about young person\n(1) A court hearing a criminal proceeding in relation to or against a child\nor young person may order the director-general to give the court a\nreport about the child or young person.\n(2) A director-general given an order must, despite any other ACT law\nother than the Human Rights Act 2004, give a report.\n\n(3) In giving effect to the order, the director-general may do, or arrange\nfor someone else to do, 1 or more of the following:\n(a) visit and interview the child or young person;\n(b) interview a parent of the child or young person;\n(c) interview a schoolteacher or other person involved with the\neducation or welfare of the child or young person;\n(d) require the child or young person to submit to being interviewed\nby a doctor or other named person.\n(4) Unless a court otherwise orders, a copy of the report must be made\navailable to the parties to the proceeding.\n(5) The person providing the report may be called as a witness by a party\nto the proceeding.\n","sortOrder":85},{"sectionNumber":"74E","sectionType":"section","heading":"Children and young people may have legal and other","content":"74E Children and young people may have legal and other\nrepresentative\n(1) In a proceeding in a court in relation to a child or young person, the\nchild or young person may be represented by a lawyer or litigation\nguardian, or both.\n(2) A representative of the child or young person must ensure that views\nand wishes stated by the child or young person are put to the court.\n(3) A representative of the child or young person must tell the court\nwhether the representative is acting on the child’s or young person’s\ninstructions or in the best interests of the child or young person, or\nboth.\n\n","sortOrder":86},{"sectionNumber":"74F","sectionType":"section","heading":"Leave needed for litigation guardian","content":"74F Leave needed for litigation guardian\n(1) In a proceeding in a court in relation to a child or young person, a\nperson may be a litigation guardian for the child or young person only\nif the court gives leave.\n(2) The court may give leave for a person to be a litigation guardian for\na child or young person only if both the person and the child or young\nperson have been given an opportunity to be heard about the\nappointment.\n","sortOrder":87},{"sectionNumber":"74G","sectionType":"section","heading":"Legal representation of children and young people","content":"74G Legal representation of children and young people\nA court may hear a proceeding in relation to a child or young person\nonly if—\n(a) the child or young person has a lawyer; or\n(b) the court is satisfied that—\n(i) the child or young person has had a reasonable opportunity\nto get legal representation; and\n(ii) the best interests of the child or young person will be\nadequately represented in the proceeding.\n","sortOrder":88},{"sectionNumber":"74H","sectionType":"section","heading":"Orders about legal representation of children and young","content":"74H Orders about legal representation of children and young\npeople—all proceedings\n(1) This section applies if, in a proceeding in a court in relation to a child\nor young person—\n(a) the child or young person does not have a lawyer; and\n(i) the court is not satisfied that the child or young person has\nmade, or can make, an informed and independent decision\nnot to be represented by a lawyer, and it considers that the\nchild or young person should be represented by a lawyer;\nor\n\n(ii) the court is not satisfied that the interests of the child or\nyoung person will be adequately represented in the\n(2) The court may, on application or on its own initiative, make any\norder, or give any direction, it considers necessary or desirable to\nallow the child or young person a reasonable opportunity to get a\nlawyer.\n","sortOrder":89},{"sectionNumber":"74I","sectionType":"section","heading":"Rule-making committee and court to have regard to youth","content":"74I Rule-making committee and court to have regard to youth\njustice principles\n(1) The rule-making committee must have regard to the youth justice\nprinciples in making rules that relate, or may relate, to criminal\nproceedings involving children or young people.\n(2) A court must have regard to the youth justice principles in deciding\nany matter relating to the conduct of a criminal proceeding before the\ncourt that involves a child or young person.\n(3) A court may also have regard to the youth justice principles when\ndeciding any matter relating to the conduct of a criminal proceeding\nbefore the court that involves—\n(a) a person who is at least 18 years old but under 21 years old; and\n(b) an offence committed, or allegedly committed, by the person\nwhen he or she was under 18 years old.\nyouth justice principles—see the Children and Young People\nAct 2008, section 94.\n\n","sortOrder":90},{"sectionNumber":"Div 7A","sectionType":"division","heading":"2 Care and protection considerations in","content":"Division 7A.2 Care and protection considerations in\n","sortOrder":91},{"sectionNumber":"74K","sectionType":"section","heading":"Proceedings dismissed or adjourned for care and","content":"74K Proceedings dismissed or adjourned for care and\nprotection reasons\n(1) If, when hearing an indictment against a child or young person, the\ncourt is satisfied that the child or young person is in need of care and\nprotection, the court may—\n(a) dismiss the indictment; or\n(b) adjourn the proceeding for up to 15 days.\nNote Indictment includes information (see Legislation Act, dict, pt 1).\n(2) If a court acts under subsection (1), the court must, as soon as\npracticable but not later than 2 working days after the day it acts, give\na statement of the reasons for the action to—\n(a) the director-general; and\n(b) the public advocate; and\n(c) if the child or young person is an Aboriginal or Torres Strait\nIslander person—the Aboriginal and Torres Strait Islander\nchildren and young people commissioner.\n(3) The statement of reasons must contain the following information\nabout the proceeding:\n(a) if the proceeding has been adjourned—the reason the\nproceeding was adjourned;\n(b) the circumstances the court is aware of that led to the child or\nyoung person coming before the court;\n(c) the factors that satisfied the court that the child or young person\nis in need of care and protection.\n\nCare and protection considerations in proceedings Division 7A.2\n(4) The director-general must treat a statement of reasons given to the\ndirector-general under subsection (2) as if it were a report made under\nthe Children and Young People Act 2008, section 356 (Offence—\nmandatory reporting of abuse).\nin need of care and protection, for a child or young person—see the\nChildren and Young People Act 2008, section 345.\n","sortOrder":92},{"sectionNumber":"74L","sectionType":"section","heading":"Director-general must report to court, public advocate","content":"74L Director-general must report to court, public advocate\nand Aboriginal and Torres Strait Islander children and\nyoung people commissioner\n(a) a proceeding has been adjourned under section 74K (1); and\n(b) the court has given the director-general a statement of reasons\nunder section 74K (2).\n(2) Not later than 15 days after the day the court adjourns the proceeding\nunder section 74K (1), the director-general must tell the public\nadvocate, the Aboriginal and Torres Strait Islander children and\nyoung people commissioner and the court, in writing—\n(a) what action the director-general has taken, is taking or proposes\nto take under the care and protection chapters in relation to the\nchild or young person; or\n(b) if the director-general proposes to take no action under any care\nand protection chapter in relation to the child or young person—\nthat the director-general proposes to take no action.\n(3) However, for subsection (2), the director-general need only tell the\ncommissioner about action taken or proposed to be taken (or that no\naction is proposed) in relation to an Aboriginal or Torres Strait\nIslander child or young person.\n\n(4) Without limiting when the director-general is taken to have complied\nwith subsection (2), the director-general is taken to have complied\nwith that subsection if the director-general—\n(a) makes an application under the care and protection chapters in\nrelation to the child or young person; and\n(b) gives a copy of the application to—\n(i) the public advocate; and\n(ii) if the child or young person is an Aboriginal or Torres\nStrait Islander person—the Aboriginal and Torres Strait\nIslander children and young people commissioner.\n","sortOrder":93},{"sectionNumber":"74M","sectionType":"section","heading":"Court action after adjournment","content":"74M Court action after adjournment\n(1) This section applies when a proceeding adjourned under\nsection 74K (1) comes before the court again.\n(2) The court may dismiss the proceeding—\n(a) if—\n(i) the director-general has, under section 74L (2) (a), told the\ncourt what action the director-general has taken, is taking\nor proposes to take under the care and protection chapters\nin relation to the child or young person; and\n(ii) the court is satisfied that taking the action is in the best\ninterests of the child or young person; or\n(b) if—\n(i) the director-general has, under section 74L (2) (b), told the\ncourt that the director-general proposes to take no action\nunder any care and protection chapter in relation to the\nchild or young person; and\n\nCare and protection considerations in proceedings Division 7A.2\n(ii) the court is satisfied that it is in the best interests of the\nchild or young person that the director-general takes no\naction; or\n(c) the director-general has made an application under the care and\nprotection chapters in relation to the child or young person.\n(3) The court may also make any other order or take any other action in\nrelation to the indictment against the child or young person that the\ncourt considers appropriate.\n\nPart 7B Procedural provisions—industrial or work safety matters\nPart 7B Procedural provisions—\nindustrial or work safety matters\n74N Industrial Court procedure\n(1) The Magistrates Court Act 1930, chapter 3 (Criminal proceedings),\nand the rules applying to criminal proceedings in the Magistrates\nCourt, apply to the Industrial Court in relation to a criminal\n(2) The rules applying to civil proceedings in the Magistrates Court apply\nto the Industrial Court in relation to any other proceeding.\n\nSupreme Court criminal proceedings—preliminary Division 8.1\nPart 8 Supreme Court—criminal\nDivision 8.1 Supreme Court criminal\nproceedings—preliminary\n75 Application—pt 8\nThis part applies to a criminal proceeding in the Supreme Court.\nDivision 8.2 Trial on indictment\n76 Supreme Court jurisdiction to make orders for conduct of\nindictable trials\n(1) The Supreme Court has jurisdiction in relation to the conduct of a\ncriminal proceeding against an accused person for an indictable\noffence—\n(a) if the accused person is committed to the sittings of the Supreme\nCourt for the offence—when the Magistrates Court has\ncompleted making—\n(i) an order to commit the accused person to the sittings of the\nSupreme Court (the committal order); and\n(ii) any other orders incidental to the committal order; or\n(b) in any other case—when an indictment for the offence is\npresented against the accused person in the Supreme Court.\n(2) Any orders, rulings or directions that may be made by the Supreme\nCourt for the purposes of a trial for an indictable offence may be made\nbefore—\n(a) if the tribunal of fact for the trial is a jury—the jury is\nempanelled; or\n\n(b) if the tribunal of fact for the trial is a judge alone—the judge\nstarts hearing evidence to determine the guilt or innocence of the\naccused person.\n(3) An order, ruling or direction of the Supreme Court under\nsubsection (2) is binding on the trial judge at the hearing of the trial\nunless in the opinion of the trial judge it is not in the interests of\njustice for the order, ruling or direction to remain binding.\n(4) Subject to this Act, the point in a criminal proceeding on indictment\nagainst an accused person when an order, ruling or direction under\nsubsection (2) is made is taken to be part of the trial of the accused\n(5) If an accused person elects to be tried by a jury, the person may be\narraigned again in the presence of the panel of jurors.\n","sortOrder":94},{"sectionNumber":"76A","sectionType":"section","heading":"Application—div 8.2A","content":"76A Application—div 8.2A\n(1) This division applies to a criminal proceeding that—\n(a) begins on or after the day the Crimes (Disclosure) Legislation\nAmendment Act 2024, section 4 commences; and\n(b) is a trial on indictment in which the Supreme Court has\njurisdiction.\n(2) However, the court may, by order, dispense with the application of\nany or all of the provisions of this division to a particular proceeding\nif satisfied it is in the interests of justice.\n\n","sortOrder":95},{"sectionNumber":"76B","sectionType":"section","heading":"Pre-trial disclosure of relevant material by prosecutor","content":"76B Pre-trial disclosure of relevant material by prosecutor\n(1) The prosecutor in a criminal proceeding must give the following to\nan accused person:\n(a) a copy of, or a written notice about the right to inspect, any\ninformation, document or other thing that—\n(i) was provided to the prosecutor by a police officer or other\nperson responsible for investigating the offence, or is\notherwise in the possession or control of the prosecutor;\nand\n(ii) would reasonably be regarded as relevant to either the\nprosecution case or the defence case; and\n(iii) has not otherwise been disclosed to the accused person;\nNote If the accused person was committed to trial by the Magistrates\nCourt, some things may have already been disclosed to the accused\nperson in the brief of evidence before the committal hearing (see\nMagistrates Court Act 1930, s 90).\n(b) a list identifying—\n(i) any information, document or other thing of which the\nprosecutor is aware and that—\n(A) would reasonably be regarded as relevant to either the\nprosecution case or the defence case; and\n(B) is not in the possession or control of the prosecutor or\nthe accused person; and\n(C) has not otherwise been disclosed to the accused\nperson; and\n(ii) the place where the prosecutor believes the information,\ndocument or other thing may be found;\n(c) a list of all statements given by witnesses whom the prosecutor\nproposes to call at the trial.\n\n(2) Subsection (1) requires the prosecutor to give the accused person\ninformation, a document or another thing, or a notice about inspection\nof it, whether or not it could be admitted as evidence.\n(3) The prosecutor must comply with this section—\n(a) in accordance with a timetable determined by the court; or\n(b) if no timetable is determined by the court—not later than\n28 days before the date set for the trial in the proceeding.\n(4) The prosecutor must give the accused person a notice under\nsubsection (1) (a) about the right to inspect information, a document\nor another thing only if—\n(a) it is impracticable to copy the information, document or other\nthing; or\n(b) the accused person agrees to inspect the information, document\nor other thing instead of receiving a copy of it.\n","sortOrder":96},{"sectionNumber":"76C","sectionType":"section","heading":"Ongoing duty of disclosure by prosecutor","content":"76C Ongoing duty of disclosure by prosecutor\n(1) The prosecutor in a criminal proceeding must give an accused person\na copy of, or a written notice about the right to inspect, any\ninformation, document or other thing that—\n(a) comes into the prosecutor’s possession or control, or to their\nnotice, after complying with section 76B (1); and\n(b) is mentioned in that subsection; and\n(c) has not been given to the accused person.\nNote The prosecutor must comply with this subsection as soon as possible after\nthe information, document or other thing comes into their possession or\ncontrol, or to their notice (see Legislation Act, s 151B).\n\n(2) The prosecutor must give the accused person a notice under\nsubsection (1) about the right to inspect information, a document or\nanother thing only if—\n(a) it is impracticable to copy the information, document or other\nthing; or\n(b) the accused person agrees to inspect the information, document\nor other thing instead of receiving a copy of it.\n","sortOrder":97},{"sectionNumber":"76D","sectionType":"section","heading":"Prosecutor must allow inspection of certain disclosed","content":"76D Prosecutor must allow inspection of certain disclosed\nmatters on request\n(1) This section applies if an accused person has been given a notice\nmentioned in section 76B (1) (a) or section 76C (1) about the right to\ninspect information, a document or another thing.\n(2) The accused person or their lawyer may ask the prosecutor to allow\nthe accused person or their lawyer to inspect the information,\ndocument or other thing.\n(3) The prosecutor must comply with a request under this section.\n","sortOrder":98},{"sectionNumber":"76E","sectionType":"section","heading":"Address and contact details of people generally must not","content":"76E Address and contact details of people generally must not\nbe disclosed under div 8.2A\n(a) the prosecutor is required under this division to do any of the\nfollowing (a disclosure obligation):\n(i) give an accused person a copy of, or a notice about the right\nto inspect, information, a document or another thing;\n(ii) allow the accused person or their lawyer to inspect the\ninformation, document or other thing; and\n(b) complying with the disclosure obligation would—\n(i) disclose an address or contact details of a witness proposed\nto be called by the prosecutor or any other living person; or\n\n(ii) allow the address or contact details to be worked out; and\n(c) the address or contact details are not relevant to the prosecution\ncase or the defence case.\n(2) The prosecutor must comply with the disclosure obligation to the\nextent possible without—\n(a) disclosing the address or contact details; or\n(b) allowing the address or contact details to be worked out.\nExamples\n1 The prosecutor redacts a person’s address or contact details from a copy of\na document given to the accused person.\n","sortOrder":99},{"sectionNumber":"2","sectionType":"section","heading":"The prosecutor, when allowing the accused person to inspect something with","content":"2 The prosecutor, when allowing the accused person to inspect something with\na person’s address or contact details on it, temporarily conceals the address or\ncontact details so it cannot be read by the accused person.\n3 The prosecutor does not give the accused person a copy of a document that\nconsists solely of the address or contact details of a person, and notifies the\naccused person why the document was not disclosed.\n(3) The court may make an order requiring the prosecutor to comply with\nsubsection (2) in a particular way or subject to particular conditions.\n(4) Subsection (2) does not apply if the court is satisfied that—\n(a) it is in the interests of justice (including the right of the accused\nperson to prepare for the hearing of the evidence for the\nprosecution) that the person’s address or contact details be\ndisclosed; and\n(i) disclosure of the address or contact details is not likely to\ncreate a reasonably foreseeable risk to the welfare or safety\nof the person or any other person; or\n(ii) if there is a risk mentioned in subparagraph (i)—the\ninterests of justice outweigh the risk.\n\n(5) This section does not apply to the disclosure of a person’s address or\ncontact details in general terms that does not—\n(a) disclose the person whose address or contact details it is; or\n(b) allow the person whose address or contact details it is to be\nworked out.\n","sortOrder":100},{"sectionNumber":"76F","sectionType":"section","heading":"Material used to give evidentiary certificate need not be","content":"76F Material used to give evidentiary certificate need not be\ndisclosed under div 8.2A\n(1) This division does not require a prosecutor to give an accused person\na copy of, or a notice about the right to inspect, any information,\ndocument or other thing that was prepared or used only in the course\nof giving an evidentiary certificate.\nevidentiary certificate means a certificate that, under a territory law,\nis evidence of the matters stated in the certificate.\n","sortOrder":101},{"sectionNumber":"76G","sectionType":"section","heading":"Sanctions for non-compliance with disclosure","content":"76G Sanctions for non-compliance with disclosure\nrequirements\n(a) the prosecutor in a criminal proceeding seeks to adduce\nevidence in the proceeding; and\n(b) the prosecutor failed to disclose the evidence to an accused\nperson in accordance with this division.\n(2) The court may refuse to admit the evidence.\n(3) The court may grant an adjournment to a party to the proceeding\n(other than the prosecutor) if admission of the evidence would\nprejudice the case of the party.\n\n","sortOrder":102},{"sectionNumber":"76H","sectionType":"section","heading":"Effect of div 8.2A on other laws","content":"76H Effect of div 8.2A on other laws\n(1) This division does not limit another territory law that requires the\nprosecution in a criminal proceeding to disclose something to an\naccused person.\nNote Territory law includes the common law (see Legislation Act, dict, pt 1,\ndef territory law and law, of the Territory).\n(2) This division does not require the disclosure by the prosecutor of\nanything that is the subject of—\n(a) a claim of privilege or public interest immunity; or\n(b) an immunity conferred by a law applying in the ACT or\nelsewhere; or\n(c) a prohibition or restriction under a law applying in the ACT or\nelsewhere on the disclosure of the thing to the accused person\n(a non-disclosure obligation).\n(3) However, if the prosecutor does not disclose something mentioned in\nsubsection (2), they must instead give the accused person a statement\nthat—\n(a) describes the thing to the extent possible without—\n(i) prejudicing a claim or intended claim of privilege or\nimmunity or an application in relation to a non-disclosure\nobligation; or\n(ii) contravening a non-disclosure obligation; and\n(b) outlines the nature of the claim or intended claim of privilege or\nimmunity or the non-disclosure obligation that applies to the\nthing.\n(4) A statement under subsection (3) must be given to the accused\nperson—\n(a) if the thing was not disclosed under section 76B—at the same\ntime as disclosure is required under section 76B (3); or\n\n(b) if the thing was not disclosed under section 76C—as soon as\npossible after the thing comes into the prosecutor’s possession\nor control, or to their notice.\n","sortOrder":103},{"sectionNumber":"77","sectionType":"section","heading":"Application—div 8.3","content":"77 Application—div 8.3\n(1) This division applies to a criminal proceeding that is a trial on\nindictment of an accused person in which—\n(a) the Supreme Court has jurisdiction; and\n(b) neither of the following events in the trial has happened:\n(i) if the tribunal of fact for the trial is a jury—the jury is\nempanelled;\n(ii) if the tribunal of fact for the trial is a judge alone—the trial\njudge starts hearing evidence to determine the guilt or\ninnocence of the accused.\ncriminal proceeding—a reference to a criminal proceeding includes\na criminal proceeding begun before the day on which this section\ncommences.\ntrial—a reference to a trial includes a retrial.\n","sortOrder":104},{"sectionNumber":"78","sectionType":"section","heading":"Mandatory pre-trial disclosure—expert evidence","content":"78 Mandatory pre-trial disclosure—expert evidence\n(1) After an indictment is filed in a proceeding, the following pre-trial\ndisclosure is required:\n(a) the prosecutor must give each accused person written notice in\naccordance with section 79 about whether or not the prosecution\nwill adduce expert evidence in the proceeding;\n\n(b) an accused person must give the prosecution and each\nco-accused person (if any)—\n(i) written notice about whether or not the accused person will\nadduce expert evidence in the proceeding; and\n(ii) if the accused person receives written notice under this\ndivision from the prosecution or a co-accused person about\nan intention to adduce expert evidence in the proceeding—\nwritten notice in reply in accordance with section 79A;\n(c) if the prosecutor receives written notice under this division from\nan accused person about an intention to adduce expert evidence\nin the proceeding—the prosecutor must give each accused\nperson written notice in reply in accordance with section 79B.\n(2) Pre-trial disclosure in accordance with this section must happen\nbefore the date set for the trial in the proceeding and in accordance\nwith a timetable determined by the court.\n(3) The court may vary the timetable determined under subsection (2) if\nit considers that it would be in the interests of justice to do so.\n","sortOrder":105},{"sectionNumber":"79","sectionType":"section","heading":"Prosecution notice—expert evidence","content":"79 Prosecution notice—expert evidence\nFor section 78 (1) (a), written notice by a prosecutor in a proceeding\n(a) if the prosecution intends to adduce expert evidence in the\nproceeding—include the following:\n(i) a statement that the prosecution intends adducing expert\nevidence in the proceeding;\n(ii) a copy of any statement or report relevant to the proceeding\nthat sets out the opinion of a person who the prosecution\nintends to call as an expert witness in the proceeding;\n\n(iii) a copy of any other real evidence that is relevant to expert\nevidence that the prosecution proposes to adduce at the trial\nor, if it is not practicable to copy the real evidence, a\ndetailed description of the real evidence;\n(iv) any chart or explanatory material relating to expert\nevidence that the prosecution proposes to adduce at the\ntrial; or\n(b) if the prosecution does not intend adducing expert evidence in\nthe proceeding—a statement that the prosecution does not intend\nadducing expert evidence in the proceeding.\n","sortOrder":106},{"sectionNumber":"79A","sectionType":"section","heading":"Accused person’s notice and reply—expert evidence","content":"79A Accused person’s notice and reply—expert evidence\n(1) For section 78 (1) (b) (i), written notice by an accused person about\nexpert evidence in the accused person’s case must—\n(a) if the accused person intends to adduce expert evidence in the\nproceeding—include the following:\n(i) a statement that the accused person intends adducing\nexpert evidence in the proceeding;\n(ii) a copy of any statement or report relevant to the proceeding\nthat sets out the opinion of a person who the accused person\nintends to call as an expert witness in the proceeding;\n(iii) a copy of any other real evidence that is relevant to expert\nevidence that the accused person proposes to adduce at the\ntrial or, if it is not practicable to copy the real evidence, a\ndetailed description of the real evidence;\n(iv) any chart or explanatory material relating to expert\nevidence that the accused person proposes to adduce at the\ntrial; or\n(b) if the accused person does not intend adducing expert evidence\nin the proceeding—a statement that the accused person does not\nintend adducing expert evidence in the proceeding.\n\n(2) For section 78 (1) (b) (ii), written notice by an accused person in\nreply to a notice under this division from the prosecution or a\nco-accused person (a party’s notice) in a proceeding must—\n(a) if the party’s notice states an intention to adduce expert evidence\nin the proceeding—state any objections or relevant matters of\nfact or law that the accused person intends to raise in relation to\nthe expert evidence; and\n(b) if the party’s notice states the party does not intend adducing\nexpert evidence in the proceeding—confirm receipt of the\nparty’s notice.\n","sortOrder":107},{"sectionNumber":"79B","sectionType":"section","heading":"Prosecution reply—expert evidence","content":"79B Prosecution reply—expert evidence\nFor section 78 (1) (c), written notice by the prosecution in reply to a\nnotice under this division from an accused person in a proceeding\n(a) if the accused person’s notice states an intention to adduce\nexpert evidence in the proceeding—state any objections or\nrelevant matters of fact or law that the prosecution intends to\nraise in relation to the expert evidence; and\n(b) if the accused person’s notice states no intention to adduce\nexpert evidence in the proceeding—confirm receipt of the\naccused person’s notice.\n","sortOrder":108},{"sectionNumber":"79C","sectionType":"section","heading":"Sanctions for non-compliance with pre-trial disclosure","content":"79C Sanctions for non-compliance with pre-trial disclosure\nrequirements\n(1) The court may refuse to admit expert evidence sought to be adduced\nby a party in a proceeding if the party failed to disclose the evidence\nto the other parties in accordance with this division.\n(2) The court may refuse to admit evidence from an expert witness sought\nto be adduced by a party in a proceeding if the party failed to give the\nother parties a copy of a report by the expert witness in accordance\nwith requirements for pre-trial disclosure imposed under this division.\n\n(3) The court may grant an adjournment to a party (the first party) if\nanother party (the second party) seeks to adduce evidence in the\nproceedings that the second party failed to disclose in accordance\nwith requirements for pre-trial disclosure imposed under this division\nand that would prejudice the case of the first party.\n","sortOrder":109},{"sectionNumber":"79D","sectionType":"section","heading":"Disclosure requirement is ongoing","content":"79D Disclosure requirement is ongoing\n(1) The obligation to comply with the requirements for pre-trial\ndisclosure in relation to expert evidence under this division applies\nuntil—\n(a) the accused person is convicted or acquitted of the charges in the\nindictment; or\n(b) the prosecution is brought to an end.\n(2) If a party becomes aware of a notifiable development in relation to\nexpert evidence disclosed under this division after the evidence was\ndisclosed the party must notify each other party to the proceeding\nabout the development as soon as practicable.\n(3) A party may, with the leave of the court, amend notice given by the\nparty under this division if notification about a notifiable\ndevelopment is received from another party that would affect the\ncontents of the party’s notice.\n(4) A party that amends the party’s notice in accordance with subsection\n(3) must give the amended notice to each other party to the\nnotifiable development, in relation to expert evidence required to be\ndisclosed under this division in a proceeding, means any information,\ndocument, thing or occurrence relevant to—\n(a) an understanding of the expert evidence; or\n\n(b) the reliability of the expert evidence or a person who is proposed\nto give the evidence in the proceeding; or\n(c) the use or effect of the expert evidence in a proceeding.\n","sortOrder":110},{"sectionNumber":"79E","sectionType":"section","heading":"Court may waive requirements","content":"79E Court may waive requirements\n(1) A court may, by order, waive any of the pre-trial disclosure\nrequirements under this division if the court considers that it would\nbe in the interests of justice to do so.\n(2) The court may make an order under this section on its own initiative\nor on the application of the prosecutor or an accused person.\n(3) An order may be made subject to any condition the court considers\nappropriate.\n(4) The court must take into account whether the accused person is\nrepresented by a lawyer when considering whether to make an order\nunder this section.\n(5) The court must give reasons for the making of an order under this\n","sortOrder":111},{"sectionNumber":"79F","sectionType":"section","heading":"Miscellaneous provision","content":"79F Miscellaneous provision\nA statement about any matter that is made by or on behalf of the\naccused person for the purposes of complying with requirements for\npre-trial disclosure imposed by or under this division does not\nconstitute an admission of that matter by the accused person.\n\nMiscellaneous Part 9\n","sortOrder":112},{"sectionNumber":"80","sectionType":"section","heading":"Assignment of earnings not enforceable","content":"80 Assignment of earnings not enforceable\n(1) An assignment of earnings is not enforceable.\n(2) Subsection (1) has effect regardless of—\n(a) the nature of the instrument effecting the assignment; or\n(b) the nature of the transaction that gave rise to the assignment.\nearnings means a sum payable to a person—\n(a) by way of wages or salary, including any fee, bonus,\ncommission, overtime pay or other amount payable in addition\nto wages or salary; or\n(b) by way of pension, including—\n(i) an annuity in relation to past services, whether or not the\nservices were rendered to the person paying the annuity;\nand\n(ii) periodical payments in relation to compensation for the\nloss, or any reduction in benefits, of any office or\nemployment; and\n(iii) periodical payments in relation to compensation for the\nloss of wages or salary because of illness or injury.\n","sortOrder":113},{"sectionNumber":"81","sectionType":"section","heading":"Court may inquire into truth of return of writ","content":"81 Court may inquire into truth of return of writ\nUpon the return of a writ of habeas corpus, the court before which the\nwrit is returnable may inquire into the truth of the matters set out in\nthe return of the writ.\n\n","sortOrder":114},{"sectionNumber":"82","sectionType":"section","heading":"Delegation by secretary of rule-making committee","content":"82 Delegation by secretary of rule-making committee\nThe secretary of the rule-making committee may delegate a function\nunder the Legislation Act, section 61 (Notification of legislative\ninstruments) to a public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":115},{"sectionNumber":"83","sectionType":"section","heading":"Regulation-making power","content":"83 Regulation-making power\nThe Executive may make regulations for this Act.\n\nGeneral Part 1.1\nItem 1\n(see s 7)\n","sortOrder":116},{"sectionNumber":"Part 1","sectionType":"part","heading":"1 General","content":"Part 1.1 General\n1 Jurisdiction\n(1) the jurisdiction of ACT courts, including civil, criminal and any\nappellate jurisdiction\n(2) the jurisdiction of prescribed tribunals\n(3) the jurisdiction of registrars and deputy registrars, including review\nof their decisions\n2 Service of documents\nservice of documents, including, for example, the following:\n(a) the kinds of service, including personal service and electronic\nservice;\n(b) service outside the ACT or Australia;\n(c) service of foreign legal process in the ACT\n3 Evidence\ntaking evidence generally, including, for example, the following:\n(a) the way evidence may be given;\n(b) dispensing with the rules of evidence;\n(c) taking evidence out of court;\n(d) taking of evidence for future claims;\n(e) subpoenas;\n\nPart 1.1 General\nItem 4\n(f) affidavits and exchange of correspondence instead of affidavit\nevidence;\n(g) obtaining evidence, including calling witnesses;\n(h) taking evidence outside the ACT or Australia;\n(i) taking evidence in the ACT for foreign courts and tribunals\n4 Certain proceedings\n(1) review of Magistrates Court decisions by order nisi\n(2) cases stated and questions reserved to the Supreme Court\n(3) cases stated and questions reserved from the Supreme Court to the\nCourt of Appeal\n5 Admission of lawyers\nthe admission of lawyers\n6 Miscellaneous\nthe following matters:\n(a) case management;\n(b) documents filed in registries, including electronic filing;\n(c) the receipt, issue or transmission electronically of forms and\nother documents and material for use in, or in relation to,\nproceedings;\n(d) functions of registries generally;\n(e) exhibits and other things held by an ACT court or prescribed\ntribunal for a proceeding, including, for example, disposal or\ndestruction of unclaimed things;\n(f) rules relating to lawyers acting for parties in proceedings;\n(g) rules about the reckoning of time and anything else about time;\n\nGeneral Part 1.1\nItem 6\n(h) confidentiality for mediators, neutral evaluators and expert\nwitnesses;\n(i) protection from liability for mediators, neutral evaluators and\nexpert witnesses;\n(j) security of court premises, including the use of electronic\ndevices in court premises;\n(k) transitional arrangements\n\nItem 7\n7 Beginning proceedings\nbeginning proceedings, including, for example, the following:\n(a) originating process, including duration, renewal and setting\naside;\n(b) where to begin proceedings;\n(c) preliminary discovery, including discovery to identify\ndefendants\n8 Transfer between courts\ntransfer of proceedings between courts, including, for the Supreme\nCourt, cross-vesting of jurisdiction\n9 Parties and proceedings\nparties and proceedings, including, for example, the following:\n(a) several causes of action and parties in civil proceedings,\nincluding reconstitution of proceedings and representative\nparties;\n(b) multiple civil proceedings;\n(c) interpleader proceedings;\n(d) proceedings by or against businesses or people with a legal\ndisability;\n(e) set-off and contribution, including, for example, rights to set-off\nand contribution;\n(f) third-party procedure\n\nItem 10\n10 Steps in proceedings\nsteps in proceedings, including, for example, the first step for a\ndefendant in a proceeding\n11 Pleadings\npleadings, including, for example, the following:\n(a) matters in pleadings and particulars;\n(b) progress of pleadings;\n(c) particular pleadings, including statements of claim, defences\nand counterclaims;\n(d) striking out pleadings and particulars\n12 Disclosure\ndisclosure, including, for example, the following:\n(a) disclosure by parties, including discovery and inspection of\ndocuments and interrogatories;\n(b) non-party disclosure;\n(c) admissions;\n(d) disclosure of experts reports;\n(e) disclosure of other material to which legal professional privilege\nmay attach, including by direction or order of the court or\ntribunal\n13 Preservation of rights and property\npreservation of rights and property, including, for example, the\nfollowing:\n(a) inspection, detention and preservation of property;\n(b) injunctions;\n\nItem 14\n(c) for the Supreme Court—receivers and sales of land by court\norder\n14 Ending proceedings early\nending proceedings early, including, for example, the following:\n(a) ending proceedings because of default;\n(b) summary decisions;\n(c) discontinuance and withdrawal;\n(d) offers to settle and payments by defendants;\n(e) the referral of cases to arbitration;\n(f) alternative dispute resolution processes\n15 Court supervision\ncourt supervision, including, for example, the following:\n(a) directions about conducting proceedings;\n(b) consequences of failing to comply with rules, directions or court\norders;\n(c) amendments, with and without leave;\n(d) continuation of proceedings after delay;\n(e) pre-trial matters, including pre-trial directions and rulings\n16 Expert evidence\nexpert evidence generally, including, for example, the following:\n(a) giving immunity from action to experts in relation to reports\ntendered in evidence;\n(b) matters relating to court experts, including—\n(i) how the court is to choose an expert; and\n\nItem 17\n(ii) how experts may give evidence and be questioned;\n(c) defining the duty of expert witnesses in relation to the court and\nthe parties;\n(d) prescribing the basis of, and conditions for, admissibility of\nexpert evidence\n17 Trials and other hearings\ntrials and other hearings, including, for example, the following:\n(a) practice lists;\n(b) list applications for hearing and setting trial dates;\n(c) conduct of trials;\n(d) decisions without pleadings or without hearings;\n(e) separate decisions on questions;\n(f) assessors and special referees;\n(g) making findings of liability independently of awarding\ndamages;\n(h) assessment and awarding of damages, including, for example—\n(i) structured settlements, that is, payment of awards of\ndamages otherwise than in lump sum form; and\n(ii) awarding damages independently of making findings of\nliability;\n(i) simplifies procedures for certain claims\n18 Judgments\njudgments, including, for example, the following:\n(a) effect of judgments;\n(b) setting aside judgments\n\nItem 19\n","sortOrder":117},{"sectionNumber":"19","sectionType":"section","heading":"Particular proceedings","content":"19 Particular proceedings\nparticular proceedings, including, for example, the following:\n(a) taking of accounts;\n(b) proceedings for damages for personal injury or death;\n(c) the payment of amounts into court;\n(d) for the Supreme Court—judicial review proceedings;\n(e) for the Supreme Court—prerogative orders, including\nprerogative injunctions and declarations, and the form in which\nprerogative relief or remedy may be granted;\n(f) for the Supreme Court—habeas corpus orders, including the\nform in which relief by way of habeas corpus may be granted\n20 Interest\ninterest, including, for example, the following:\n(a) interest up to judgment;\n(b) interest on judgments\n21 Administration and probate\nfor the Supreme Court, administration and probate, including, for\nexample, the following:\n(a) applications for grants of probate or letters of administration and\nthe documents required;\n(b) resealing grants;\n(c) caveats objecting to grants, orders to administer or resealing\ngrants;\n(d) contested proceedings\n\nItem 22\n22 Adoption\nfor the Supreme Court, adoption, including, for example, applications\nfor adoptions\n23 Arbitration\nfor the Supreme Court, arbitration, including, for example, the use of\ncourt-appointed referees\n24 Contempt of court\ncontempt of court, including, for example, the following:\n(a) contempt of the court as constituted other than by a judge or\nmagistrate;\n(b) proceedings for failure to comply with orders, other than orders\nto pay an amount\n25 Trusts\nfor the Supreme Court, trusts\n26 Costs\ncosts, including, for example, the following:\n(a) security for costs;\n(b) entitlement to recover costs;\n(c) costs of parties in proceedings;\n(d) costs against non-parties to proceedings;\n(e) assessment of costs\n\nItem 27\n27 Appeals\nappeals, including, for example, the following:\n(a) for the Magistrates Court and prescribed tribunals—appeals to\nthe Supreme Court;\n(b) for the Supreme Court—\n(i) appeals to the Supreme Court other than to the Court of\nAppeal; and\n(ii) appeals to the Court of Appeal\n28 Enforcement of judgments\nenforcement of judgments, including, for example, the following:\n(a) enforcement hearings, including examination procedures;\n(b) enforcement orders, including the following:\n(i) enforcement orders for entry onto, and delivery of\npossession of, land;\n(ii) enforcement orders for seizure and sale of property;\n(iii) enforcement orders for seizure and delivery of particular\ngoods;\n(iv) enforcement orders for seizure and detention of property;\n(v) enforcement orders for the attachment or redirection of\ndebts, income and other money;\n(vi) for the Supreme Court—enforcement orders for charging\norders and stop orders;\n(c) instalment orders;\n(d) powers of enforcement officers\n\nItem 29\n29 Reciprocal enforcement of foreign judgments\nreciprocal enforcement of foreign judgments\n\nPart 1.3 Criminal proceedings\nItem 30\nPart 1.3 Criminal proceedings\n30 Practice and procedure in criminal jurisdiction\npractice and procedure in the criminal jurisdiction of the Magistrates\nCourt and Supreme Court (including any appellate jurisdiction)\ngenerally, including, for example, the following:\n(a) forms for proceedings;\n(b) beginning criminal proceedings, including indictments and\ninformations;\n(c) appearance;\n(d) arraignments;\n(e) applications;\n(f) pleadings;\n(g) duties of lawyers and the court;\n(h) pre-trial matters, including pre-trial directions and rulings;\n(i) regulating hearings and trial proceedings;\n(j) expert evidence;\n(k) custody and inspection of exhibits;\n(l) recording of proceedings and access to records;\n(m) costs payable to defendants in particular circumstances;\n(n) inspecting registry files;\n(o) appeals, including appeals to the Supreme Court and Court of\nAppeal;\n(p) listing trials, sentences, applications and appeals for hearing,\nand setting hearing dates;\n(q) enforcement of decisions\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• ACAT\n• director-general (see s 163)\n• found guilty (of an offence)\n• government solicitor\n• judge\n• magistrate\n• Magistrates Court\n• property\n• public servant\n• Supreme Court\n• reviewable decision notice\n• territory authority.\ncommissioner, for part 7A (Procedural provisions—proceedings\ninvolving children or young people)—see section 68A (1).\nAboriginal or Torres Strait Islander child or young person, for\npart 7A (Procedural provisions—proceedings involving children or\nyoung people)—see section 68A (1).\nAboriginal or Torres Strait Islander person, for part 7A (Procedural\nprovisions—proceedings involving children or young people)—see\nthe Aboriginal and Torres Strait Islander Children and Young People\nCommissioner Act 2022, dictionary.\nadvisory committee means the advisory committee established under\nsection 11.\nassistant sheriff, for part 5 (Court security)—see section 40.\n\ncare and protection chapters, for part 7A (Procedural provisions—\nproceedings involving children or young people)—see section 68A.\nchief executive officer—see section 11A (1).\nchild, for part 7A (Procedural provisions—proceedings involving\nchildren or young people)—see the Children and Young People\nAct 2008, section 11.\ncorresponding law, for part 4 (Crown proceedings)—see section 20.\ncourt, for part 5 (Court security)—see section 40.\ncourt premises , for part 5 (Court security)—see section 40.\nCrown, for part 4 (Crown proceedings)—see section 20.\ndaily care responsibility, for division 7A.1 (General)—see the\nChildren and Young People Act 2008, section 19.\ndeputy sheriff, for part 5 (Court security)—see section 40.\ndetermined fee, for part 3 (Court and tribunal fees)—see section 12.\ndirector-general, for part 7A (Procedural provisions—proceedings\ninvolving children or young people)—see section 68A.\nexplosive, for part 5 (Court security)—see the Dangerous Substances\nAct 2004, section 73.\nfee, for part 3 (Court and tribunal fees)—see section 12.\nfirearm, for part 5 (Court security)—see the Firearms Act 1996,\nsection 6.\njudge, for part 5 (Court security)—see section 40.\njudgment, for part 4 (Crown proceedings)—see section 20.\nlong-term care responsibility, for division 7A.1 (General)—see the\nChildren and Young People Act 2008, section 20.\nmagistrate, for part 5 (Court security)—see section 40.\noffensive weapon, for part 5 (Court security)—see section 40.\n\nprescribed tribunal, for part 2 (Court rules and forms) and schedule 1\n(Subject matter for rules)—see section 6.\nproceeding, for part 4 (Crown proceedings)—see section 20.\nrelevant legislation, for part 3 (Court and tribunal fees)—see\nsection 12.\nreviewable decision, for division 3.2 (Review of decisions—fees)—\nsee section 18.\nrule-making committee means the rule-making committee\nestablished under section 9.\nscreening search, for part 5 (Court security)—see section 40.\nsecurity officer, for part 5 (Court security)—see section 40.\nsheriff, for part 5 (Court security)—see section 40.\nsheriff’s officer, for part 5 (Court security)—see section 40.\nTerritory Crown, for part 4 (Crown proceedings)—see section 20.\nthe Territory, for part 4 (Crown proceedings)—see section 20.\nvictim, of an offence, for division 7A.1 (General)—see the Crimes\n(Sentencing) Act 2005, section 47.\nyoung person, for part 7A (Procedural provisions—proceedings\ninvolving children or young people)—see the Children and Young\nPeople Act 2008, section 12.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev…) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nCourt Procedures Act 2004 A2004-59\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nremainder commenced 10 January 2005 (s 2 and CN2004-29)\nas amended by\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.4, pt 1.16. pt 1.19, pt 1.24, pt 1.31, pt 1.32, pt 1.68, pt 1.69\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.4, pt 1.16. pt 1.19, pt 1.24, pt 1.31, pt 1.32, pt 1.68, pt 1.69\ncommenced 10 January 2005 (s 2 and see Court Procedures Act 2004\nA2004-59, s 2 and CN2004-29)\nDomestic Violence and Protection Orders Amendment Act 2005\nA2005-13 sch 1 pt 1.3\nnotified LR 24 March 2005\ns 1, s 2 commenced 24 March 2005 (LA s 75 (1))\nsch 1 pt 1.3 commenced 25 March 2005 (s 2)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.11\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.11 commenced 2 June 2005 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 amdt 1.9, sch 1 pt 1.10, amdt 1.61, amdt 1.72,\namdt 1.80, amdt 1.137, amdt 1.141\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\namdt 1.9 commenced 11 January 2006 (s 2 (1) (a) and see Statute\nLaw Amendment Act 2005 (No 2) A2005-62, s 2 (1))\nsch 1 pt 1.10, amdt 1.61, amdt 1.72, amdt 1.80, amdt 1.137,\namdt 1.141 commenced 22 December 2005 (s 2 (4))\nLegal Profession Act 2006 A2006-25 sch 2 pt 2.3\nnotified LR 21 June 2006\ns 1, s 2 commenced 21 June 2006 (LA s 75 (1))\nsch 2 pt 2.3 commenced 1 July 2006 (s 2)\n\nCivil Law (Property) Act 2006 A2006-38 sch 1 pt 1.4, amdt 1.7\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006\nsch 1 pt 1.4, amdt 1.7 commenced 28 March 2007 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 1 pt 1.4, sch 2 pt 2.13, amdt 2.203, amdt 2.204\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 1 pt 1.4 commenced 19 October 2006 (s 2 (3))\nsch 2 pt 2.13, amdt 2.203, amdt 2.204 commenced 29 September\n2006 (s 2 (1))\nStatute Law Amendment Act 2006 A2006-42 sch 3 pt 3.7\nnotified LR 26 October 2006\ns 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))\nsch 3 pt 3.7 commenced 16 November 2006 (s 2 (1))\nCourt Legislation Amendment Act 2006 A2006-55 pt 3\nnotified LR 18 December 2006\ns 1, s 2 commenced 18 December 2006 (LA s 75 (1))\npt 3 commenced 19 December 2006 (s 2)\nChildren and Young People Act 2008 A2008-19 sch 1 pt 1.2\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\nsch 1 pt 1.2 commenced 27 February 2009 (s 2 and CN2008-17 (and\nsee CN2008-13))\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 1 pt 1.2, sch 2 pt 2.5, sch 4 pt 4.5\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3, s 4 commenced 18 July 2008 (s 2 (1))\nsch 1 pt 1.2, sch 4 pt 4.5 commenced 27 February 2009 (s 2 (5) and\nsee Children and Young People Act 2008 A2008-19, s 2 and\nCN2008-17 (and see CN2008-13))\nsch 2 pt 2.5 commenced 9 September 2008 (s 2 (3) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\n\nAct 2008 (No 2) A2008-22 sch 1 pt 1.2\nnotified LR 8 July 2008\ns 1, s 2 commenced 8 July 2008 (LA s 75 (1))\nsch 1 pt 1.2 commenced 29 July 2008 (s 2)\nFirearms Amendment Act 2008 A2008-25 sch 2 pt 2.1\nnotified LR 15 July 2008\ns 1, s 2 commenced 15 July 2008 (LA s 75 (1))\nsch 2 pt 2.1 commenced 15 January 2009 (s 2 (1) and LA s 79)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.15\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.15 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nDomestic Violence and Protection Orders Act 2008 A2008-46 sch 3\npt 3.3\nnotified LR 10 September 2008\ns 1, s 2 commenced 10 September 2008 (LA s 75 (1))\nsch 3 pt 3.3 commenced 30 March 2009 (s 2)\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.20\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.20 commenced 22 September 2009 (s 2)\nCrimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.2\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.2 commenced 4 September 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2009\n(No 3) A2009-44 sch 1 pt 1.7\nnotified LR 24 November 2009\ns 1, s 2 commenced 24 November 2009 (LA s 75 (1))\nsch 1 pt 1.7 commenced 22 December 2009 (s 2 (3))\n\nCrimes (Sentence Administration) Amendment Act 2010 A2010-21\nsch 1 pt 1.2\nnotified LR 30 June 2010\ns 1, s 2 commenced 30 June 2010 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 July 2010 (s 2)\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.11\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.11 commenced 1 March 2011 (s 2)\nWorkplace Privacy Act 2011 A2011-4 s 49\nnotified LR 24 February 2011\ns 1, s 2 commenced 24 February 2011 (LA s 75 (1))\ns 49 commenced 10 March 2011 (s 2 (1))\nCourts Legislation Amendment Act 2011 A2011-13 sch 1 pt 1.2\nnotified LR 11 May 2011\ns 1, s 2 commenced 11 May 2011 (LA s 75 (1))\nsch 1 pt 1.2 commenced 25 July 2011 (s 2 and CN2011-8)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.39\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.39 commenced 1 July 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.11\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.11 commenced 1 March 2012 (s 2 (1) and see Evidence Act\n","sortOrder":118},{"sectionNumber":"2011","sectionType":"section","heading":"A2011-12, s 2 and CN2012-4)","content":"2011 A2011-12, s 2 and CN2012-4)\nJustice and Community Safety Legislation Amendment Act 2012\nA2012-13 sch 1 pt 1.3\nnotified LR 11 April 2012\ns 1, s 2 commenced 11 April 2012 (LA s 75 (1))\nsch 1 pt 1.3 commenced 12 April 2012 (s 2 (1))\n\nCrimes (Child Sex Offenders) Amendment Act 2012 A2012-20 s 31\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\ns 31 commenced 13 September 2012 (s 2 and CN2012-15)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.8\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.8 commenced 5 June 2012 (s 2 (1))\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.8\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.8 commenced 14 June 2013 (s 2)\nMagistrates Court (Industrial Proceedings) Amendment Act 2013\nA2013-43 sch 1 pt 1.1\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\nsch 1 pt 1.1 commenced 8 November 2013 (s 2)\nJudicial Commissions Amendment Act 2015 A2015-1 sch 1 pt 1.2\n(as am by A2015-52 s 28)\nnotified LR 25 February 2015\ns 1, s 2 commenced 25 February 2015 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 February 2017 (s 2 (as am by A2015-52 s 28))\nCourts Legislation Amendment Act 2015 A2015-10 pt 7\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 7 commenced 21 April 2015 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2015\nA2015-11 sch 1 pt 1.4\nnotified LR 20 May 2015\ns 1, s 2 commenced 20 May 2015 (LA s 75 (1))\nsch 1 pt 1.4 commenced 21 May 2015 (s 2 (1))\n\nMental Health Act 2015 A2015-38 sch 2 pt 2.4 div 2.4.5\nnotified LR 7 October 2015\ns 1, s 2 commenced 7 October 2015 (LA s 75 (1))\nsch 2 pt 2.4 div 2.4.5 commenced 1 March 2016 (s 2 (1) and see\nMental Health (Treatment and Care) Amendment Act 2014 A2014-51,\ns 2 (as am by A2015-38 amdt 2.54))\nCrimes (Domestic and Family Violence) Legislation Amendment\nAct 2015 A2015-40 sch 1 pt 1.3\nnotified LR 4 November 2015\ns 1, s 2 commenced 4 November 2015 (LA s 75 (1))\nsch 1 pt 1.3 commenced 4 May 2016 (s 2 (2)\nCourts Legislation Amendment Act 2015 (No 2) A2015-52 pt 5, pt 10\nnotified LR 26 November 2015\ns 1, s 2 commenced 26 November 2015 (LA s 75 (1))\ns 20 commenced 7 April 2016 (s 2 (1))\npt 5 remainder, pt 10 (s 28) commenced 10 December 2015 (s 2 (2))\nNote Pt 10 (s 28) only amends the Judicial Commissions\nAmendment Act 2015 A2015-1.\nACT Civil and Administrative Tribunal Amendment Act 2016 (No 2)\nA2016-28 sch 1 pt 1.1\nnotified LR 15 June 2016\ns 1, s 2 commenced 15 June 2016 (LA s 75 (1))\nsch 1 pt 1.1 commenced 16 June 2016 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.9\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.9 commenced 29 June 2016 (s 2)\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.4 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.4 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\n\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nAct 2017 (No 3) A2017-38 pt 7\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 7 commenced 16 November 2017 (s 2 (1))\nCourts and Other Justice Legislation Amendment Act 2018 (No 2)\nA2018-39 pt 3\nnotified LR 27 September 2018\ns 1, s 2 commenced 27 September 2018 (LA s 75 (1))\npt 3 commenced 13 March 2019 (s 2 and CN2019-5)\nRoyal Commission Criminal Justice Legislation Amendment Act 2018\nA2018-46 sch 1 pt 1.2\nnotified LR 4 December 2018\ns 1, s 2 commenced 4 December 2018 (LA s 75 (1))\nsch 1 pt 1.2 commenced 5 December 2018 (s 2)\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.5\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.5 commenced 14 May 2020 (s 2 (1))\nJustice Legislation Amendment Act 2020 A2020-42 pt 8\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 8 commenced 27 February 2021 (s 2 (6) and LA s 79)\nAboriginal and Torres Strait Islander Children and Young People\nCommissioner Act 2022 A2022-25 sch 1 pt 1.3\nnotified LR 14 December 2022\ns 1, s 2 commenced 14 December 2022 (LA s 75 (1))\nsch 1 pt 1.3 commenced 15 December 2022 (s 2)\n\nCrimes Legislation Amendment Act 2023 A2023-33 sch 2 pt 2.2\nnotified LR 6 September 2023\ns 1, s 2 commenced 6 September 2023 (LA s 75 (1))\nsch 2 pt 2.2 commenced 13 September 2023 (s 2)\nCourts Legislation Amendment Act 2023 A2023-37 pt 2\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\npt 2 commenced 30 September 2023 (s 2)\nAct 2023 (No 2) A2023-42 pt 3\nnotified LR 8 November 2023\ns 1, s 2 commenced 8 November 2023 (LA s 75 (1))\npt 3 commenced 9 November 2023 (s 2)\nCrimes (Disclosure) Legislation Amendment Act 2024 A2024-27 pt 2\nnotified LR 19 June 2024\ns 1, s 2 commenced 19 June 2024 (LA s 75 (1))\npt 2 commenced 19 June 2025 (s 2 (2))\nChildren and Young People Amendment Act 2024 (No 2) A2024-34\nsch 1 pt 1.1\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 July 2025 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2024\nA2024-49 pt 5\nnotified LR 17 September 2024\ns 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))\npt 5 commenced 18 September 2024 (s 2 (4))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.44\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.44 commenced 6 December 2025 (s 2 (5))\n\nCommencement\ns 2 om LA s 89 (4)\nMain purpose of civil procedure provisions\ns 5A ins A2015-52 s 16\nam A2016-37 amdt 1.23\nRule-making power\ns 7 am A2005-20 amdt 3.96; A2023-37 s 5\nApproved forms\ns 8 am A2011-3 amdt 3.148; A2023-37 s 5; A2025-29 amdt 4.44\nRule-making committee\ns 9 am A2012-13 amdt 1.13; A2015-10 s 23, s 28; ss renum R39\nLA; A2023-37 s 6\nDelegation by Chief Justice and Chief Magistrate\ns 10 hdg sub A2012-13 amdt 1.14\ns 10 am A2012-13 amdt 1.15, amdt 1.16; ss renum R34 LA\nAdvisory committee\ns 11 am A2011-22 amdt 1.117; A2011-22 amdt 1.17; pars renum\nR34 LA; A2015-10 s 28; A2015-52 s 17; pars renum R41 LA;\nA2016-28 amdt 1.1; A2023-37 ss 7-9; A2023-42 s 7\nChief executive officer of courts\npt 2A hdg ins A2015-52 s 18\nsub A2023-42 s 8\nAppointment of chief executive officer\ns 11A hdg sub A2023-42 s 9\ns 11A ins A2015-52 s 18\nam A2016-28 amdt 1.1; A2023-42 ss 10-16\nAdministrative functions of chief executive officer\ns 11B hdg sub A2023-42 s 17\ns 11B ins A2015-52 s 18\nam A2016-28 amdt 1.1; A2017-38 s 20, s 21; A2023-42\nss 18-20\nDelegation by chief executive officer\ns 11BA hdg sub A2023-42 s 21\ns 11BA ins A2017-38 s 22\nam A2023-42 ss 22-24\nLeave of absence\ns 11BB ins A2018-39 s 5\nam A2023-42 s 25\n\nChief executive officer must not do other work\ns 11BC hdg sub A2023-42 s 26\ns 11BC ins A2018-39 s 5\nam A2023-42 s 27\nDisclosure of interests\ns 11BD ins A2018-39 s 5\nam A2023-42 s 27\nEnding chief executive officer’s appointment\ns 11C hdg sub A2023-42 s 28\ns 11C ins A2015-52 s 18\nsub A2018-39 s 6\nam A2023-42 s 29, s 30\nChief executive officer not to direct registrars in relation to court functions\ns 11D hdg sub A2023-42 s 31\ns 11D ins A2015-52 s 18\nam A2023-42 s 32\nConsultants\ns 11E ins A2018-39 s 7\nam A2023-42 s 32\nFees generally\ndiv 3.1 hdg ins A2008-36 amdt 1.192\nDefinitions—pt 3\ns 12 def energy and water consumer council ins A2008-22\namdt 1.15\nom A2009-20 amdt 3.49\ndef essential services consumer council om A2008-22\namdt 1.15\ndef relevant legislation sub A2008-36 amdt 1.193\nam A2010-21 amdt 1.3; pars renum R27 LA\ndef tribunal am A2008-22 amdt 1.16\nom A2008-36 amdt 1.194\nDetermination of fees\ns 13 am A2006-40 amdt 2.88, amdt 2.89; A2008-36 amdt 1.195;\nA2011-3 amdt 3.149; A2024-34 amdt 1.1; ss renum R61 LA;\nam R62 LA\nPayment of fees\ns 14 am A2008-36 amdt 1.196\n\nRemission, refund, deferral, waiver and exemption of fees\ns 15 am A2005-13 amdt 1.21; A2006-25 amdt 2.4; A2006-55 s 7;\nA2008-20 amdt 2.15, amdt 2.16, amdt 4.12, amdt 4.13;\nA2008-36 amdts 1.197-1.199; ss renum R21 LA; A2008-46\namdt 3.9; A2015-38 amdt 2.69; A2016-42 amdt 3.23;\namdt 3.24; pars renum R48 LA; A2020-42 s 32\nRecovery of fees in civil proceedings if fees not otherwise payable\ns 16 am A2008-36 amdt 1.200, amdt 1.201; A2015-52 s 19\nReview of decisions—fees\ndiv 3.2 hdg ins A2008-36 amdt 1.202\nMeaning of reviewable decision—div 3.2\ns 18 sub A2008-36 amdt 1.202\nReviewable decisions—court\ns 18A ins A2008-36 amdt 1.202\nam A2015-10 s 28; A2023-37 s 10\nReviewable decisions—ACAT\ns 18B ins A2008-36 amdt 1.202\nam A2025-29 amdt 4.44\nNo fee for review by court or ACAT\ns 18C ins A2008-36 amdt 1.202\nDefinitions—pt 4\ns 20 def judgment sub A2008-36 amdt 1.203\ndef proceeding sub A2008-36 amdt 1.203\nProceedings by and against the Crown generally\ns 21 reloc from Crown Proceedings Act 1992 s 5 by A2004-60\nam A2005-20 amdt 3.97, amdt 3.98; A2008-36 amdt 1.204\nImmunities and limitations of liability\ns 22 reloc from Crown Proceedings Act 1992 s 6 by A2004-60\nCorresponding laws of States and other Territories\ns 23 reloc from Crown Proceedings Act 1992 s 7 by A2004-60\nInjunctive relief\ns 24 reloc from Crown Proceedings Act 1992 s 8 by A2004-60\nProtection of confidentiality on grounds of public interest\ns 25 reloc from Crown Proceedings Act 1992 s 9 by A2004-60\n\nRight of Attorneys-General of other jurisdictions to appear in proceedings\ns 26 reloc from Crown Proceedings Act 1992 s 10 by A2004-60\nam A2005-20 amdt 3.99\nRight of Attorney-General to intervene in proceedings\ns 27 reloc from Crown Proceedings Act 1992 s 11 by A2004-60\nam A2005-20 amdt 3.100; ss renum R4 LA (see A2005-20\namdt 3.101); A2008-36 amdt 1.205, amdt 1.206\nFees and charges in proceedings\ns 28 hdg sub A2008-36 amdt 1.207\ns 28 reloc from Crown Proceedings Act 1992 s 12 by A2004-60\nam A2008-36 amdt 1.208\nEnforcement of judgments against Territory Crown\ns 29 reloc from Crown Proceedings Act 1992 s 13 by A2004-60\nam A2008-36 amdt 1.209; A2012-13 amdt 1.18\nEnforcement of judgments against Crown in right of a State or another\nTerritory\ns 30 reloc from Crown Proceedings Act 1992 s 13A by A2004-60\nam A2008-36 amdt 1.210\nEnforcement of judgments by the Crown\ns 31 reloc from Crown Proceedings Act 1992 s 14 by A2004-60\nsub A2008-36 amdt 1.211\nEndorsement etc of originating process\ns 32 reloc from Crown Proceedings Act 1992 s 15 by A2004-60\namdt 1.121\nService generally\ns 33 reloc from Crown Proceedings Act 1992 s 16 by A2004-60\namdt 1.125\nService of subpoenas etc on Ministers\ns 34 reloc from Crown Proceedings Act 1992 s 17 by A2004-60\namdt 1.128\nRepresentation if right to legal representation restricted\ns 35 reloc from Crown Proceedings Act 1992 s 19 by A2004-60\namdt 1.133\n\nExclusion of certain proceedings\ns 36 reloc from Crown Proceedings Act 1992 s 20 by A2004-60\namdt 1.136\nRegulations for pt 4\ns 37 reloc from Crown Proceedings Act 1992 s 21 by A2004-60\namdt 1.136\nDefinitions—pt 5\ns 40 def assistant sheriff reloc from Court Security Act 2001 dict\ndef court reloc from Court Security Act 2001 dict by A2004-60\namdt 1.102\nam A2005-20 amdt 3.102, amdt 3.103; A2008-36\namdt 1.212; pars renum R21 LA; A2015-1 amdt 1.2; pars\nrenum R47 LA\ndef court premises reloc from Court Security Act 2001 dict by\ndef deputy sheriff reloc from Court Security Act 2001 dict by\nam A2023-33 amdt 2.7\ndef explosive reloc from Court Security Act 2001 dict by\ndef firearm reloc from Court Security Act 2001 dict by\nsub A2008-25 amdt 2.1\ndef judge reloc from Court Security Act 2001 dict by\nam A2015-10 s 28\nsub A2023-37 s 11\ndef magistrate reloc from Court Security Act 2001 dict by\ndef offensive weapon reloc from Court Security Act 2001 dict\ndef screening search reloc from Court Security Act 2001 dict\ndef security officer reloc from Court Security Act 2001 dict by\ndef sheriff reloc from Court Security Act 2001 dict by\nam A2023-33 amdt 2.7\ndef sheriff’s officer reloc from Court Security Act 2001 dict by\n\nRight of entry etc to court premises\ns 41 reloc from Court Security Act 2001 s 5 by A2004-60 amdt 1.99\nam A2008-36 amdt 1.213, amdt 1.214; pars renum R21 LA;\nA2008-20 amdt 4.14; A2011-4 s 49; pars renum R30 LA;\nA2011-48 amdt 1.16; A2012-21 amdt 3.31, amdt 3.32;\nA2012-20 s 31; pars renum R36 LA; A2015-40 amdt 1.5;\nA2018-46 amdt 1.2; A2023-33 amdt 2.8\nPowers under Act additional to other powers\ns 42 reloc from Court Security Act 2001 s 6 by A2004-60 amdt 1.99\nSecurity officer to be identified before exercising powers\ns 43 reloc from Court Security Act 2001 s 7 by A2004-60 amdt 1.99\nPerson may be required to state name etc\ns 44 reloc from Court Security Act 2001 s 8 by A2004-60 amdt 1.99\nSearches\ns 45 reloc from Court Security Act 2001 s 9 by A2004-60 amdt 1.99\nam A2009-44 amdt 1.21; A2015-11 amdt 1.24; A2016-28\namdt 1.1\nSeizure and forfeiture of firearms etc\ns 46 reloc from Court Security Act 2001 s 10 by A2004-60\nSecurity officer may require thing that may hide firearms etc to be left\ns 47 reloc from Court Security Act 2001 s 11 by A2004-60\nUnlawful, disorderly conduct etc\ns 48 reloc from Court Security Act 2001 s 12 by A2004-60\nContravention of requirement of security officer\ns 49 reloc from Court Security Act 2001 s 13 by A2004-60\nJudge, magistrate or presidential member may close court premises\ns 50 hdg am A2008-36 amdt 1.215\ns 50 reloc from Court Security Act 2001 s 15 by A2004-60\nam A2008-36 amdt 1.215, amdt 1.216\nSecurity officers\ns 51 reloc from Court Security Act 2001 s 16 by A2004-60\n\nIdentity cards for security officers\ns 52 reloc from Court Security Act 2001 s 17 by A2004-60\nMediation\npt 5A hdg ins A2015-52 s 20\nDefinitions—pt 5A\ns 52A ins A2015-52 s 20\ndef accredited mediator ins A2015-52 s 20\ndef mediation ins A2015-52 s 20\ndef mediation material ins A2015-52 s 20\ndef Mediator Standards Board ins A2015-52 s 20\nAdmissibility of information given at mediation\ns 52B ins A2015-52 s 20\nSecrecy\ns 52C ins A2015-52 s 20\nProtection of accredited mediator from liability\ns 52D ins A2015-52 s 20\nProcedural provisions—all proceedings\npt 6 hdg orig pt 6 hdg\nrenum as pt 9 hdg\nprev pt 6 hdg\nreloc to Evidence (Miscellaneous Provisions) Act 1991 pt 6 by\npres pt 6 hdg\nApplication—pt 6\ns 53 orig s 53\nrenum as s 80\nprev s 53\nreloc from Evidence Act 1971 s 82 by A2005-60 amdt 1.61\nreloc to Evidence (Miscellaneous Provisions) Act 1991 s 90 by\npres s 53\nDelegation by secretary of rule-making committee\ns 53A renum as s 81\n\nProhibition of publication of evidence etc\ns 54 orig s 54\nrenum as s 82\nprev s 54\nreloc from Evidence Act 1971 s 83 by A2005-60 amdt 1.61\nreloc to Evidence (Miscellaneous Provisions) Act 1991 s 91 by\npres s 54\nProcedural provisions—criminal proceedings\npt 6A hdg ins A2011-48 amdt 1.17\nProvision of interpreters\ns 55 reloc from Evidence Act 1971 s 84 by A2005-60 amdt 1.61\nreloc to Evidence (Miscellaneous Provisions) Act 1991 s 92 by\nins A2011-48 amdt 1.17\nProcedural provisions—civil proceedings\npt 7 hdg orig pt 7 hdg renum as pt 10 hdg\ndiv 7.1 hdg renum as div 10.1 hdg\nApplication—pt 7\ns 56 reloc from Evidence Act 1971 s 85A by A2005-60 amdt 1.72\nDefinitions—pt 7\ns 57 reloc from Evidence Act 1971 s 85B by A2005-60 amdt 1.72\ndef examination reloc from Evidence Act 1971 s 85B by\ndef inferior court reloc from Evidence Act 1971 s 85B by\ndef judicial authority reloc from Evidence Act 1971 s 85B by\nSupreme Court proceedings\ns 58 reloc from Evidence Act 1971 s 85C by A2005-60 amdt 1.72\nInferior court proceedings\ns 59 reloc from Evidence Act 1971 s 85D by A2005-60 amdt 1.72\n\nApplication—pt 7\ns 60 orig s 60 renum as s 100\nreloc from Evidence Act 1971 s 85E by A2005-60 amdt 1.72\nCounterclaims and third parties\ns 61 orig s 61 renum as s 101\nreloc from Evidence Act 1971 s 85F by A2005-60 amdt 1.72\nArrest on mesne process\ndiv 7.2 hdg renum as div 10.2 hdg\nInjunctions\ns 62 orig s 62 renum as s 102\nreloc from Evidence Act 1971 s 85G by A2005-60 amdt 1.72\nReceivers\ns 63 orig s 63 renum as s 103\nreloc from Evidence Act 1971 s 85H by A2005-60 amdt 1.72\nAttachment of earnings\ndiv 7.3 hdg renum as div 10.3 hdg\ndiv 7.4 hdg renum as div 10.4 hdg\nSet-off of debts\ndiv 7.5 hdg renum as div 10.5 hdg\nJudgment creditors remedies\ndiv 7.6 hdg renum as div 10.6 hdg\nRules of practice and procedure—judicial discretion\ns 64 orig s 64 renum as s 104\nreloc from Evidence Act 1971 s 85J by A2005-60 amdt 1.80\ndef request reloc from Evidence Act 1971 s 85J by A2005-60\namdt 1.80\ndef requesting court reloc from Evidence Act 1971 s 85J by\nA2005-60 amdt 1.80\nAppearance by lawyer\ns 65 orig s 65 renum as s 105\nreloc from Evidence Act 1971 s 85K by A2005-60 amdt 1.80\n\nNon-appearance or absence of some defendants\ns 66 orig s 66 renum as s 106\nreloc from Evidence Act 1971 s 85L by A2005-60 amdt 1.80\nreloc from Supreme Court Act 1933 s 58 by A2006-40\namdt 2.203\nAmendment of defects\ns 67 orig s 67 renum as s 107\nreloc from Evidence Act 1971 s 85M by A2005-60 amdt 1.80\nreloc from Supreme Court Act 1933 s 59 by A2006-40\namdt 2.204\nFormal defects to be amended\ns 68 orig s 68 renum as s 108\nreloc from Evidence Act 1971 s 85N by A2005-60 amdt 1.80\nreloc from Supreme Court Act 1933 s 60 by A2006-40\namdt 2.204\nam A2011-3 amdt 3.150, amdt 3.151\nProcedural provisions—proceedings involving children or young people\npt 7A hdg ins A2008-19 amdt 1.15\ndiv 7A.1 hdg ins A2008-19 amdt 1.15\nDefinitions—pt 7A and div 7A.1\ns 68A ins A2013-19 amdt 3.49\ndef Aboriginal and Torres Strait Islander children and\nyoung people commissioner ins A2022-25 amdt 1.63\ndef Aboriginal or Torres Strait Islander child or young\nperson ins A2022-25 amdt 1.63\ndef Aboriginal or Torres Strait Islander person ins\nA2022-25 amdt 1.63\ndef care and protection chapters ins A2013-19 amdt 3.49\ndef child ins A2013-19 amdt 3.49\ndef daily care responsibility ins A2013-19 amdt 3.49\ndef director-general ins A2013-19 amdt 3.49\ndef long-term care responsibility ins A2013-19 amdt 3.49\ndef victim ins A2013-19 amdt 3.49\ndef young person ins A2013-19 amdt 3.49\nChildrens Court procedure\ns 69 orig s 69 renum as s 109\nApplication for order nisi for discharge\ns 70 renum as s 110\n\nWhen parents must attend court proceedings\ns 71 orig s 71 renum as s 111\nam A2009-24 amdt 1.3, amdt 1.4; A2013-19 amdt 3.50,\namdt 3.51\nCourt proceedings involving children or young people not open to public\ns 72 orig s 72 renum as s 112\nam A2009-24 amdt 1.5; A2011-22 amdt 1.117; A2011-13\namdt 1.2; A2013-19 amdts 3.52-3.55; A2022-25 amdt 1.64,\namdt 1.65; ss, pars renum R55 LA; A2023-33 amdt 2.9\nCourt may excuse parties from attending proceedings\ns 73 orig s 73 renum as s 113\nCertain related applications may be heard together\ns 74 orig s 74 renum as s 114\nParticipation of children and young people in proceedings\ns 74A ins A2008-19 amdt 1.15\nam A2011-22 amdt 1.117; A2013-19 amdt 3.56\nCourt must ensure children and young people etc understand proceedings\ns 74B ins A2008-19 amdt 1.15\nDirector-general, public advocate and Aboriginal and Torres Strait Islander\nchildren and young people commissioner etc may appear at proceedings\ns 74C hdg am A2011-22 amdt 1.117\nsub A2022-25 amdt 1.66\ns 74C ins A2008-19 amdt 1.15\nam A2011-22 amdt 1.117; A2013-19 amdt 3.56; A2022-25\namdt 1.67; A2024-49 s 12\nCourt may order report about young person\ns 74D ins A2008-19 amdt 1.15\nam A2011-22 amdt 1.117; A2013-19 amdt 3.56\nChildren and young people may have legal and other representative\ns 74E ins A2008-19 amdt 1.15\nLeave needed for litigation guardian\ns 74F ins A2008-19 amdt 1.15\nLegal representation of children and young people\ns 74G ins A2008-19 amdt 1.15\nOrders about legal representation of children and young people—all\ns 74H ins A2008-19 amdt 1.15\n\nRule-making committee and court to have regard to youth justice principles\ns 74I ins A2008-19 amdt 1.15\nCare and protection considerations in proceedings\ndiv 7A.2 hdg ins A2008-19 amdt 1.15\nDefinitions—div 7A.2\ns 74J ins A2008-19 amdt 1.15\ndef care and protection chapters ins A2008-19 amdt 1.15\ndef chief executive ins A2008-19 amdt 1.15\nom A2011-22 amdt 1.117\ndef director-general ins A2011-22 amdt 1.117\ndef in need of care and protection ins A2008-19 amdt 1.15\nProceedings dismissed or adjourned for care and protection reasons\ns 74K ins A2008-19 amdt 1.15\nam A2011-22 amdt 1.117; A2013-19 amdt 3.58; A2022-25\namdt 1.68\nDirector-general must report to court, public advocate and Aboriginal and\nTorres Strait Islander children and young people commissioner\ns 74L hdg am A2011-22 amdt\nsub A2022-25 amdt 1.69\ns 74L ins A2008-19 amdt 1.15\nam A2011-22 amdt 1.117; A2022-25 amdts 1.70-1.72;\nss renum R55 LA\nAlteration of time periods during COVID-19 emergency\ns 74LA ins A2020-14 amdt 1.41\nexp 29 October 2022 (s 75LA (6))\nCourt action after adjournment\ns 74M ins A2008-19 amdt 1.15\nProcedural provisions—industrial or work safety matters\npt 7B hdg ins A2013-43 amdt 1.1\nIndustrial Court procedure\ns 74N ins A2013-43 amdt 1.1\nSupreme Court—criminal proceedings\npt 8 hdg orig pt 8 hdg renum as pt 11 hdg\nins A2006-40 amdt 1.10\n\nSupreme Court criminal proceedings—preliminary\ndiv 8.1 hdg ins A2006-40 amdt 1.10\nApplication—pt 8\ns 75 ins A2006-40 amdt 1.10\nTrial on indictment\ndiv 8.2 hdg ins A2006-40 amdt 1.10\nSupreme Court jurisdiction to make orders for conduct of indictable trials\ns 76 orig s 76 renum as s 115\nins A2006-40 amdt 1.10\n(5)-(7) exp 19 October 2008 (s 76 (7) (LA s 88 declaration\napplies))\nsub A2015-10 s 24\nPre-trial disclosure—general\ndiv 8.2A hdg ins A2024-27 s 4\nApplication—div 8.2A\ns 76A ins A2024-27 s 4\nPre-trial disclosure of relevant material by prosecutor\ns 76B ins A2024-27 s 4\nOngoing duty of disclosure by prosecutor\ns 76C ins A2024-27 s 4\nProsecutor must allow inspection of certain disclosed matters on request\ns 76D ins A2024-27 s 4\nAddress and contact details of people generally must not be disclosed under\ndiv 8.2A\ns 76E ins A2024-27 s 4\nMaterial used to give evidentiary certificate need not be disclosed under\ndiv 8.2A\ns 76F ins A2024-27 s 4\nSanctions for non-compliance with disclosure requirements\ns 76G ins A2024-27 s 4\nEffect of div 8.2A on other laws\ns 76H ins A2024-27 s 4\nPre-trial disclosure of expert evidence\ndiv 8.3 hdg ins A2015-10 s 25\nApplication—div 8.3\ns 77 renum as s 116\nins A2015-10 s 25\n\nMandatory pre-trial disclosure—expert evidence\ns 78 renum as s 117\nins A2015-10 s 25\nProsecution notice—expert evidence\ns 79 ins A2015-10 s 25\nAccused person’s notice and reply—expert evidence\ns 79A ins A2015-10 s 25\nProsecution reply—expert evidence\ns 79B ins A2015-10 s 25\nSanctions for non-compliance with pre-trial disclosure requirements\ns 79C ins A2015-10 s 25\nDisclosure requirement is ongoing\ns 79D ins A2015-10 s 25\nCourt may waive requirements\ns 79E ins A2015-10 s 25\nMiscellaneous provision\ns 79F ins A2015-10 s 25\nMiscellaneous\npt 9 hdg (prev pt 6 hdg) renum A2005-60 amdt 1.36\nAssignment of earnings not enforceable\ns 80 orig s 80 renum as s 118\n(prev s 53) def earnings reloc from Earnings (Assignment and\nAttachment) Act 1966 s 4 by A2004-60 amdt 1.146\nrenum A2005-60 amdt 1.37\nam A2013-19 amdt 3.59, amdt 3.60\nCourt may inquire into truth of return of writ\ns 80A renum as s 81\nCourt may inquire into truth of return of writ\ns 81 orig s 81\nrenum as s 119\nprev s 81\n(prev s 53A) ins A2005-20 amdt 3.104\nrenum as s 81 A2005-60 amdt 1.37\nam A2006-42 amdt 3.26\nrenum as s 82\npres s 81\n(prev s 80A) reloc from Law Reform (Miscellaneous\nProvisions) Act 1955 s 62 by A2006-38 amdt 1.7\nrenum as s 81 A2006-38 amdt 1.4\nam A2013-19 amdt 3.61\n\nDelegation by secretary of rule-making committee\ns 82 orig s 82\nrenum as s 120\nprev s 82\n(prev s 54) renum as s 82 A2005-60 amdt 1.37\nrenum as s 83\npres s 82\n(prev s 81) renum as s 82 A2006-38 amdt 1.4\nRegulation-making power\ns 83 orig s 83\nrenum as s 121\npres s 83\n(prev s 82) renum as s 83 A2006-38 amdt 1.4\nam A2025-29 amdt 4.44\nMutual debts to be set one against the other\ns 84 renum as s 122\nException\ns 85 renum as s 123\nExpiry of div 10.5\ns 86 renum as s 124\nLimitation of arrest under ca. sa.\ns 87 renum as s 125\nFraudulent concealment or intended departure\ns 88 renum as s 126\nException for certain actions\ns 89 renum as s 127\nCa. sa. to fix bail\ns 90 renum as s 128\nLiability for escape\ns 91 renum as s 129\nDischarge of judgment debtor on authority of lawyer\ns 92 renum as s 130\nCa. sa. may be executed on Sunday\ns 93 renum as s 131\nExpiry of div 10.6\ns 94 renum as s 132\nTemporary provisions\npt 10 hdg (prev pt 7 hdg) renum A2005-60 amdt 1.38\nom R8 LA\n\ndiv 10.1 hdg (prev div 7.1 hdg) renum A2005-60 amdt 1.39\nom R8 LA\nExpiry of existing rules\ns 100 orig s 100 exp 10 January 2005 (s 100 (5))\n(prev s 60) renum A2005-60 amdt 1.40\nexp 1 July 2006 (s 100 (3))\nReferences to Magistrates Court (Civil Jurisdiction) Act etc\ns 101 orig s 101 exp 10 January 2005 (s 101 (5))\n(prev s 61) renum A2005-60 amdt 1.40\nexp 1 July 2006 (s 101 (8))\nArrest on mesne process\ndiv 10.2 hdg (prev div 7.2 hdg) renum A2005-60 amdt 1.39\nMeaning of capias for div 10.2\ns 102 orig s 102 exp 10 January 2005 (s 102 (3))\n(prev s 62) renum A2005-60 amdt 1.40\nNo arrest on mesne process except under div 10.2\ns 103 orig s 103 exp 10 January 2005 (s 103 (4))\n(prev s 63) reloc from Arrest on Mesne Process Act 1902 s 4\nby A2004-60 amdt 1.12\nOrder to hold to bail\ns 104 orig s 104 renum as s 150\n(prev s 64) reloc from Arrest on Mesne Process Act 1902 s 5\nby A2004-60 amdt 1.12\nIssue of writ of capias\ns 105 orig s 105 renum as s 151\n(prev s 65) reloc from Arrest on Mesne Process Act 1902 s 6\nExecution of writ\ns 106 (prev s 66) reloc from Arrest on Mesne Process Act 1902 s 7\n\nOrder and arrest to be during pendency of action\ns 107 (prev s 67) reloc from Arrest on Mesne Process Act 1902 s 8\nDefendant to remain in custody until bail bond given or deposit made\ns 108 (prev s 68) reloc from Arrest on Mesne Process Act 1902 s 9\nSubsequent proceedings subject to rules of court\ns 109 (prev s 69) reloc from Arrest on Mesne Process Act 1902 s 10\nApplication for order nisi for discharge\ns 110 (prev s 70) reloc from Arrest on Mesne Process Act 1902 s 11\nProceedings on order nisi\ns 111 (prev s 71) reloc from Arrest on Mesne Process Act 1902 s 12\nAppeal\ns 112 (prev s 72) reloc from Arrest on Mesne Process Act 1902 s 13\nDischarge on bankruptcy\ns 113 (prev s 73) reloc from Arrest on Mesne Process Act 1902 s 14\nExpiry—div 10.2\ns 114 (prev s 74) renum A2005-60 amdt 1.40\nAttachment of earnings\ndiv 10.3 hdg (prev div 7.3 hdg) renum A2005-60 amdt 1.39\n\nDefinitions—div 10.3\ns 115 (prev s 76) renum A2005-60 amdt 1.40\ndef court reloc from Earnings (Assignment and Attachment)\nAct 1966 s 4 by A2004-60 amdt 1.147\ndef dependant reloc from Earnings (Assignment and\nAttachment) Act 1966 s 4 by A2004-60 amdt 1.147\ndef judgment debtor reloc from Earnings (Assignment and\nAttachment) Act 1966 s 4 by A2004-60 amdt 1.147\ndef Metal Trades Award reloc from Earnings (Assignment\nand Attachment) Act 1966 s 4 by A2004-60 amdt 1.147\nLimitation on attachment of wages\ns 116 (prev s 77) reloc from Earnings (Assignment and Attachment)\nAct 1966 s 5 by A2004-60 amdt 1.148\nExpiry of div 10.3\ns 117 (prev s 78) renum A2005-60 amdt 1.40\ndiv 10.4 hdg (prev div 7.4 hdg) renum A2005-60 amdt 1.39\ns 118 (prev s 80) reloc from Judiciary (Stay of Proceedings) Act\n1933 s 3 by A2004-60 amdt 1.161\nStay of execution\ns 119 (prev s 81) reloc from Judiciary (Stay of Proceedings) Act\n1933 s 4 by A2004-60 amdt 1.161\nRescission or variation of previous direction or order\ns 120 (prev s 82) reloc from Judiciary (Stay of Proceedings) Act\n1933 s 5 by A2004-60 amdt 1.161\nExpiry of div 10.4\ns 121 (prev s 83) renum A2005-60 amdt 1.40\nSet-off of debts\ndiv 10.5 hdg (prev div 7.5 hdg) renum A2005-60 amdt 1.39\n\nMutual debts to be set one against the other\ns 122 (prev s 84) reloc from Set-off of Debts Act 1735 s 13 by\nA2004-60 amdt 1.631\nException\ns 123 (prev s 85) reloc from Set-off of Debts Act 1735 s 5 by\nA2004-60 amdt 1.633\nExpiry of div 10.5\ns 124 (prev s 86) renum A2005-60 amdt 1.40\nJudgment creditors remedies\ndiv 10.6 hdg (prev div 7.6 hdg) renum A2005-60 amdt 1.39\nLimitation of arrest under ca. sa.\ns 125 (prev s 87) reloc from Judgment Creditors Remedies Act 1901\ns 19 by A2004-60 amdt 1.159\nFraudulent concealment or intended departure\ns 126 (prev s 88) reloc from Judgment Creditors Remedies Act 1901\ns 20 by A2004-60 amdt 1.159\nException for certain actions\ns 127 (prev s 89) reloc from Judgment Creditors Remedies Act 1901\ns 21 by A2004-60 amdt 1.159\nCa. sa. to fix bail\ns 128 (prev s 90) reloc from Judgment Creditors Remedies Act 1901\ns 22 by A2004-60 amdt 1.159\nLiability for escape\ns 129 (prev s 91) reloc from Judgment Creditors Remedies Act 1901\ns 23 by A2004-60 amdt 1.159\n\nDischarge of judgment debtor on authority of lawyer\ns 130 (prev s 92) reloc from Judgment Creditors Remedies Act 1901\ns 24 by A2004-60 amdt 1.159\nCa. sa. may be executed on Sunday\ns 131 (prev s 93) reloc from Judgment Creditors Remedies Act 1901\ns 26 by A2004-60 amdt 1.159\nExpiry of div 10.6\ns 132 (prev s 94) renum A2005-60 amdt 1.40\nSupreme Court\ndiv 10.7 hdg ins A2005-60 amdt 1.41\nExercise of jurisdiction by registrar\ns 133 ins A2005-60 amdt 1.42\nCosts\ns 134 reloc from Supreme Court Act 1933 s 23 by A2005-60\namdt 1.137\nDate of process\ns 135 reloc from Supreme Court Act 1933 s 66 by A2005-60\namdt 1.141\nExpiry of div 10.7\ns 139 ins A2005-60 amdt 1.43\nBusiness names—starting legal proceedings\ndiv 10.8 hdg ins A2005-60 amdt 1.44\nEffect of certain contraventions of Business Names Act on legal proceedings\ns 140 reloc from Business Names Act 1963 s 27 by A2005-60\namdt 1.9\nExpiry of div 10.8\ns 141 ins A2005-60 amdt 1.45\n\nTransitional\npt 11 hdg (prev pt 8 hdg) renum A2005-60 amdt 1.46\nModification of pt 11’s operation\ns 150 (prev s 104) renum A2005-60 amdt 1.47\nExpiry of pt 11\ns 151 (prev s 105) renum A2005-60 amdt 1.48\nTransitional—rules of court\npt 12 hdg ins A2006-40 amdt 2.92\nTransitional regulations\ns 500 ins A2006-40 amdt 2.92\nConstruction of outdated references\ns 501 ins A2006-40 amdt 2.92\nAbolition of old enforcement processes\ns 502 ins A2006-40 amdt 2.92\nRight to claim set-off\ns 503 ins A2006-40 amdt 2.92\nAbolition of distinction between court and chambers\ns 504 ins A2006-40 amdt 2.92\nApplication of sch 1 amendments\ns 505 ins A2006-40 amdt 2.92\nexp 29 November 2006 (s 505 (3) (LA s 88 declaration\napplies))\nExpiry—pt 12\ns 506 ins A2006-40 amdt 2.92\nTransitional—Children and Young People Act 2008\npt 13 hdg ins A2008-20 amdt 1.2\nMeaning of commencement day—pt 13\ns 510 ins A2008-20 amdt 1.2\n\nNotices to attend court proceeding\ns 511 ins A2008-20 amdt 1.2\nexp 27 February 2011 (s 514) (LA s 88 declaration applies)\nExisting proceedings\ns 512 ins A2008-20 amdt 1.2\nTransitional regulations\ns 513 ins A2008-20 amdt 1.2\nexp 27 February 2011 (s 514)\nExpiry—pt 13\ns 514 ins A2008-20 amdt 1.2\nJurisdiction\nsch 1 item 1 am A2015-10 s 28; A2023-37 s 12\nMiscellaneous\nsch 1 item 6 am A2006-40 amdt 2.93; A2017-38 s 23; pars renum R49 LA\nParties and proceedings\nsch 1 item 9 am A2006-40 amdt 2.94\nSteps in proceedings\nsch 1 item 10 sub A2006-40 amdt 2.95\nDisclosure\nsch 1 item 12 am A2006-40 amdt 2.96\nPreservation of rights and property\nsch 1 item 13 sub A2006-40 amdt 2.97\nTrials and other hearings\nsch 1 item 17 am A2006-40 amdt 2.98\nParticular proceedings\nsch 1 item 19 am A2006-40 amdt 2.99\nContempt of court\nsch 1 item 24 am A2006-40 amdts 2.100-2.102\nsub A2006-55 s 8\nCosts\nsch 1 item 26 am A2006-40 amdt 2.103; A2023-37 s 13; pars renum R57 LA\nNew Magistrates Court (Civil Jurisdiction) Rules 2004\nsch 2 om LA s 89 (3)\n\ndict am A2005-60 amdt 1.49; A2008-36 amdts 1.217-1.219;\nA2011-22 amdt 1.117; A2012-21 amdt 3.33; A2015-10 s 26;\nA2023-37 s 14\ndef Aboriginal and Torres Strait Islander children and\nyoung people commissioner ins A2022-25 amdt 1.74\ndef Aboriginal or Torres Strait Islander child or young\nperson ins A2022-25 amdt 1.74\ndef Aboriginal or Torres Strait Islander person ins\nA2022-25 amdt 1.74\ndef care and protection chapters ins A2013-19 amdt 3.62\ndef chief executive officer ins A2023-42 s 33\ndef child ins A2008-19 amdt 1.16\ndef daily care responsibility ins A2013-19 amdt 3.62\ndef director-general ins A2013-19 amdt 3.62\ndef examination ins A2005-60 amdt 1.50\ndef firearm sub A2008-25 amdt 2.2\ndef inferior court ins A2005-60 amdt 1.50\ndef judicial authority ins A2005-60 amdt 1.50\ndef long-term care responsibility ins A2013-19 amdt 3.62\ndef master om A2015-10 s 27\ndef principal registrar ins A2015-52 s 21\nom A2023-42 s 34\ndef request ins A2005-60 amdt 1.50\ndef requesting court ins A2005-60 amdt 1.50\ndef reviewable decision ins A2008-36 amdt 1.220\ndef tribunal om A2009-20 amdt 3.50\ndef victim ins A2013-19 amdt 3.62\ndef young person ins A2008-19 amdt 1.16\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n10 Jan 2005\n10 Jan 2005–\n10 Jan 2005\nA2004-60 new Act and\namendments by\nA2004-60\nR2*\n11 Jan 2005\n11 Jan 2005–\n24 Mar 2005\nA2004-60 commenced expiry\n25 Mar 2005\n25 Mar 2005–\nA2005-13 amendments by\nA2005-13\n2 June 2005–\n21 Dec 2005\nA2005-20 amendments by\nA2005-20\n22 Dec 2005\n22 Dec 2005–\n10 Jan 2006\nA2005-60 amendments by\nA2005-60\n11 Jan 2006\n11 Jan 2006–\nA2005-60 amendments by\nA2005-60\n1 July 2006–\nA2006-25 amendments by\nA2006-25\n2 July 2006–\n28 Sept 2006\nA2006-25 commenced expiry\n29 Sept 2006\n29 Sept 2006–\n18 Oct 2006\nA2006-40 amendments by\nA2006-40\n19 Oct 2006\n19 Oct 2006–\n15 Nov 2006\nA2006-40 amendments by\nA2006-40\n16 Nov 2006\n16 Nov 2006–\n29 Nov 2006\nA2006-42 amendments by\nA2006-42\n30 Nov 2006\n30 Nov 2006–\n18 Dec 2006\nA2006-42 amendments by\nA2006-42\n\nEarlier republications 5\nfor\n19 Dec 2006\n19 Dec 2006–\n10 Jan 2007\nA2006-55 amendments by\nA2006-55\n11 Jan 2007\n11 Jan 2007–\n27 Mar 2007\nA2006-55 commenced expiry\nR15*\n28 Mar 2007\n28 Mar 2007–\nA2006-55 amendments by\nA2006-38\n2 July 2008–\nA2006-55 commenced expiry\n29 July 2008–\n8 Sept 2008\nA2008-25 amendments by\nA2008-22\n9 Sept 2008\n9 Sept 2008–\n19 Oct 2008\nA2008-36 amendments by\nA2008-20\n20 Oct 2008\n20 Oct 2008–\n14 Jan 2009\nA2008-46 commenced expiry\n15 Jan 2009\n15 Jan 2009–\n1 Feb 2009\nA2008-25\n2 Feb 2009\n2 Feb 2009–\n26 Feb 2009\nA2008-36\n27 Feb 2009\n27 Feb 2009–\n29 Mar 2009\nA2008-19 and\nA2008-20\nR23*\n30 Mar 2009\n30 Mar 2009–\n3 Sept 2009\nA2008-46\n4 Sept 2009\n4 Sept 2009–\n21 Sept 2009\nA2009-24 amendments by\nA2009-24\n22 Sept 2009\n22 Sept 2009–\n21 Dec 2009\nA2009-24 amendments by\nA2009-20\n22 Dec 2009\n22 Dec 2009–\nA2009-44 amendments by\nA2009-44\n1 July 2010–\n27 Feb 2011\nA2010-21 amendments by\nA2010-21\n28 Feb 2011\n28 Feb 2011–\n28 Feb 2011\nA2011-4 expiry of\ntransitional\nprovisions (pt 13)\n\nfor\n1 Mar 2011\n1 Mar 2011–\n9 Mar 2011\nA2011-4 amendments by\nA2011-3\n10 Mar 2011\n10 Mar 2011–\nA2011-4 amendments by\nA2011-4\n1 July 2011–\nA2011-22 amendments by\nA2011-22\nR32*\n25 July 2011–\n29 Feb 2012\nA2011-22 amendments by\nA2011-13\n1 Mar 2012\n1 Mar 2012–\n11 Apr 2012\nA2011-48 amendments by\nA2011-48\n12 Apr 2012\n12 Apr 2012–\nA2012-13 amendments by\nA2012-13\n5 June 2012–\n12 Sept 2012\nA2012-21 amendments by\nA2012-21\nR36*\n13 Sept 2012\n13 Sept 2012–\nA2012-20 amendments by\nA2012-20\n14 June 2013–\n7 Nov 2013\nA2013-19 amendments by\nA2013-19\n8 Nov 2013\n8 Nov 2013–\n20 Apr 2015\nA2013-43 amendments by\nA2013-43\n21 Apr 2015\n21 Apr 2015–\nA2015-10 amendments by\nA2015-10\n21 May 2015–\n9 Dec 2015\nA2015-11 amendments by\nA2015-11\n10 Dec 2015\n10 Dec 2015–\n29 Feb 2016\n1 Mar 2016\n1 Mar 2016–\n6 Apr 2016\nA2015-38\n7 Apr 2016\n7 Apr 2016–\n4 May 2016–\nA2015-40\n\nEarlier republications 5\nfor\n16 June 2016–\nA2016-28 amendments by\nA2016-28\n29 June 2016–\n31 Jan 2017\nA2016-37 amendments by\nA2016-37\n1 Feb 2017\n1 Feb 2017–\n30 Apr 2017\nA2016-37 amendments by\nA2015-1 as\namended by\n1 May 2017–\n15 Nov 2017\nA2017-10 amendments by\nA2016-42 and\nA2017-10\n16 Nov 2017\n16 Nov 2017–\n4 Dec 2018\nA2017-38 amendments by\nA2017-38\n5 Dec 2018\n5 Dec 2018–\n12 Mar 2019\nA2018-46 amendments by\nA2018-46\n13 Mar 2019\n13 Mar 2019–\nA2018-46 amendments by\nA2018-39\n14 May 2020–\n26 Feb 2021\nA2020-14 amendments by\nA2020-14\n27 Feb 2021\n27 Feb 2021–\n29 Oct 2022\nA2020-42 amendments by\nA2020-42\n30 Oct 2022\n30 Oct 2022–\n14 Dec 2022\nA2020-42 expiry of provision\n(s 74LA)\n15 Dec 2022\n15 Dec 2022–\n12 Sept 2023\nA2022-25 amendments by\nA2022-25\n13 Sept 2023\n13 Sept 2023–\n29 Sept 2023\nA2023-33 amendments by\nA2023-33\n30 Sept 2023\n30 Sept 2023–\n8 Nov 2023\nA2023-37 amendments by\nA2023-37\n9 Nov 2023\n9 Nov 2023–\n17 Sept 2024\nA2023-42 amendments by\nA2023-42\n18 Sept 2024\n18 Sept 2024–\nA2024-49\n\nfor\n19 June 2025–\nA2024-27\n1 July 2025–\n5 Dec 2025\nA2024-34\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":119}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has broadened beyond core procedural rules to add administrative and operational functions and substantive procedural regimes. Recent insertions create a courts Chief Executive (pt 2A, s11A), a mediation confidentiality and mediator‑protection regime (pt 5A, s52–s52D), and statutory pre‑trial disclosure and expert‑evidence obligations for indictable trials (div 8.2A, s76A–s76H; div 8.3, s78–s79F). These additions expand the Act from rule‑making and practice directions into governance, security, disclosure obligations and child‑focused procedure (see s7, s13, s5A)."},"complexity_factors":["Broad subject matter spanning court governance, fees, Crown proceedings, security, mediation and criminal pre‑trial disclosure","Numerous cross‑references to other Territory and Commonwealth laws and external definitions","Significant delegated powers (rule‑making committee, Minister fee determinations, Chief Executive functions) requiring administrative discretion","Detailed procedural obligations that carry sanctions (eg disclosure duties, search and seizure, penalties), increasing compliance risk","Separate specialised regimes (children’s proceedings, mediation confidentiality, expert evidence disclosure) with tailored rules and tests","Extensive schedule listing rule subject matters that enables further detailed subordinate rule‑making"],"plain_english_summary":"Mechanically, this Act sets how ACT courts and prescribed tribunals make rules and approved forms, creates a courts chief executive role, authorises court‑security powers and mediation confidentiality, fixes court and tribunal fees and exemptions, regulates proceedings with the Crown, and imposes pre‑trial disclosure and expert‑evidence duties in indictable trials. It affects judges, registrars, prosecutors, accused persons, lawyers, security officers and parties. The Act states its civil procedure aim is just, quick and proportionate dispute resolution (s5A) and creates compliance duties (eg disclosure obligations on prosecutors (s76B)) and administrative discretion (rule‑making and fee determinations (s7, s13))."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":719},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown significantly from its original 2004 scope. It began as a procedural framework but has expanded to include: a Chief Executive Officer for courts (Part 2A, added 2015), detailed pre-trial disclosure rules for criminal proceedings (Div 8.2A, added 2024), mediation confidentiality protections (Part 5A, added 2015), extensive protections for children and young people (Part 7A, added 2008), and industrial court procedures (Part 7B, added 2013). The fee provisions have also expanded with complex exemption schemes."},"complexity_factors":["Multiple overlapping parts covering civil, criminal, and administrative proceedings","Extensive cross-referencing to other ACT legislation (Children and Young People Act, Evidence Act, etc.)","Detailed fee waiver and exemption provisions with numerous exceptions (s 15)","Nested conditional logic in pre-trial disclosure requirements (Div 8.2A and 8.3)","Special procedural rules for children/young people requiring coordination between multiple agencies","Crown proceedings provisions with distinct rules for Territory Crown vs other jurisdictions","Security officer powers with multiple conditions and exceptions (Part 5)","Schedule 1 contains 30 broad subject matters for rules, creating delegated legislative complexity"],"plain_english_summary":"The Court Procedures Act 2004 (ACT) sets the rules for how ACT courts and the ACAT operate, establishing rule‑making and advisory bodies and a court CEO to manage procedures and administration. It governs fees, security, mediation, civil and criminal processes, and special protections for children.\n\nIt affects litigants, lawyers, judges, court staff and government agencies by shaping access, fairness and efficiency in ACT justice—aiming to resolve disputes quickly, inexpensively and justly while protecting vulnerable parties."}},"importantCases":[],"_links":{"self":"/api/acts/court-procedures-forms","history":"/api/acts/court-procedures-forms/history","analysis":"/api/acts/court-procedures-forms/analysis","conflicts":"/api/acts/court-procedures-forms/conflicts","importantCases":"/api/acts/court-procedures-forms/important-cases","documents":"/api/acts/court-procedures-forms/documents"}}