{"id":"crown-proceedings-act-1993","name":"Crown Proceedings Act 1993","slug":"crown-proceedings-act-1993","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30006,"registerId":"nt-crown-proceedings-act-1993-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crown Proceedings Act 1993","content":"NORTHERN TERRITORY OF AUSTRALIA\nCROWN PROCEEDINGS ACT 1993\nAs in force at 18 June 2009\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Act binds Crown .............................................................................. 1\n4 Definitions ........................................................................................ 1\nPart 2 Proceedings by and against Crown\ngenerally\n5 Proceedings by and against Crown generally.................................. 2\n6 Crown immunities, &c. ..................................................................... 2\n7 Corresponding law of other States .................................................. 2\n8 Injunctive relief................................................................................. 2\n9 Protection of confidentiality on grounds of public interest ................ 2\n10 Costs ............................................................................................... 3\n11 Enforcement of judgments against Crown ....................................... 3\n12 Enforcement of judgments by Crown ............................................... 3\nPart 3 Provisions of special application to\nTerritory Crown\n13 Service on Territory Crown .............................................................. 4\n14 Service of subpoenas, &c., on Ministers .......................................... 4\n15 Judicial notice of Attorney-General's appointment, &c..................... 4\n16 Right of Attorneys-General to appear in proceedings, &c. ............... 5\n17 Right of Attorney-General to intervene ............................................ 5\n18 Notice to Attorney-General .............................................................. 5\n19 Cases where right of Crown to legal representation is\nrestricted .......................................................................................... 6\nPart 4 Miscellaneous\n20 Exclusion of certain proceedings ..................................................... 6\n22 Regulations...................................................................................... 7\n23 Repeal ............................................................................................. 7\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 18 June 2009\n____________________\nCROWN PROCEEDINGS ACT 1993\nAn Act to provide for suits by and against the Crown and for related\npurposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Crown Proceedings Act 1993.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Act binds Crown\nThis Act binds the Crown, not only in right of the Territory but, to the\nextent that the legislative power of the Legislative Assembly\npermits, in all its other capacities, but does not extend to the Crown\nin right of the Commonwealth.\n4 Definitions\nIn this Act, unless the contrary intention appears:\nCrown includes a Minister, an instrumentality or agency of the\nCrown and a prescribed person.\njudgment means a judgment or order of a court.\nproceedings means civil proceedings.\nState includes a Territory of the Commonwealth other than the\nNorthern Territory.\nTerritory Crown means the Crown in right of the Territory.\n\nPart 2 Proceedings by and against Crown generally\nCrown Proceedings Act 1993 2\nPart 2 Proceedings by and against Crown generally\n5 Proceedings by and against Crown generally\n(1) Subject to this Act and any relevant rules of court, and subject to\nthe Judiciary Act 1903 of the Commonwealth:\n(a) proceedings may be brought by or against the Crown in the\nsame way as proceedings between subjects; and\n(b) the same procedural and substantive law applies to\nproceedings by or against the Crown as in proceedings\nbetween subjects.\n(2) Subject to the Regulations, proceedings may be brought by or\nagainst the Crown:\n(a) in the case of the Territory Crown, under the name \"Northern\nTerritory of Australia\"; 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.\n6 Crown immunities, &c.\nThis Act does not affect an immunity from, or a limitation on, liability\nthat the Crown or an officer, employee or agent of the Crown enjoys\nby statute.\n7 Corresponding law of other States\n(1) The Regulations may prescribe a law of a State relating to\nproceedings against the Crown to be a corresponding law for the\npurposes of this section.\n(2) The corresponding law of a State binds the Territory Crown.\n8 Injunctive relief\n(1) Subject to subsection (2), injunctive relief may be granted against\nthe Crown.\n(2) A mandatory injunction is not to be made against the Crown.\n9 Protection of confidentiality on grounds of public interest\nThis Act does not affect a rule of law under which a person may\nrefuse to:\n(a) discover or produce documents; or\n\nPart 2 Proceedings by and against Crown generally\nCrown Proceedings Act 1993 3\n(b) answer an interrogatory or other question,\non the ground that to do so would be prejudicial to the public\ninterest.\n10 Costs\n(1) The Crown is not required to pay court fees in proceedings.\n(2) Costs to which the Crown is entitled are to be calculated as if the\nCrown were liable to pay, and had paid, the fees from which it is\nexempt under subsection (1).\n11 Enforcement of judgments against Crown\n(1) A writ, warrant or similar process is not to be issued out of a court\nto enforce a judgment against the Territory Crown or the Crown in\nright of a State.\n(2) If a final judgment is given against the Territory Crown or the Crown\nin right of a State, unless the court orders otherwise, the registrar of\nthe court shall, at the expiration of the period during which an\nappeal may be lodged, transmit a copy of the judgment to the\nAdministrator, the Governor of the State or, in the case of the\nAustralian Capital Territory, the Chief Minister of that Territory, as\nthe case may be.\n(3) If the Administrator receives a final judgment from a court, including\nof a State, the Administrator shall give directions as to the manner\nin which the judgment is to be satisfied.\n(4) A Minister, agency or instrumentality of the Territory Crown to which\na direction is given under subsection (3) is authorised and required\nto carry out the direction.\n(5) A direction under this section is sufficient authority for payment from\nthe public moneys of the Territory and the appropriation for that\npurpose is established or increased to the extent necessary.\n12 Enforcement of judgments by Crown\nSubject to this Act and any relevant rules of court, a judgment\nrecovered by the Crown may be enforced in the same manner as a\njudgment in proceedings between subjects, and in no other way.\n\nPart 3 Provisions of special application to Territory Crown\nCrown Proceedings Act 1993 4\nPart 3 Provisions of special application to Territory\nCrown\n13 Service on Territory Crown\nService on the Territory Crown of a process or document relating to\nproceedings is to be effected by service on the Solicitor for the\nNorthern Territory except in the following cases:\n(a) if special provision relevant to the service of the process or\ndocument is made by or under this Act, service is to be\neffected in accordance with that special provision;\n(b) if the party by whom or on whose behalf the process or\ndocument is to be served has notice that a legal practitioner\nother than the Solicitor for the Northern Territory is acting for\nthe Territory Crown in relation to the proceedings, service is to\nbe effected on that legal practitioner.\n14 Service of subpoenas, &c., on Ministers\n(1) A subpoena or other process is not to be issued by a court, tribunal\nor other authority requiring a Minister to appear, in the Minister's\nofficial capacity, to give evidence or produce documents without the\nleave of the court, tribunal or other authority.\n(2) Leave pursuant to subsection (1) is not to be granted except after\nthe Solicitor for the Northern Territory has been given reasonable\nnotice in writing of the application and a reasonable opportunity to\nbe heard on the application.\n(3) A court, tribunal or other authority which grants leave pursuant to\nsubsection (1) shall, at the same time, give directions as to the\nmanner in which service is to be effected on the Minister.\n15 Judicial notice of Attorney-General's appointment, &c.\n(1) In proceedings, a document apparently signed by the Attorney-\nGeneral is, in the absence of proof to the contrary, to be presumed\nto have been duly signed by the Attorney-General.\n(2) The Attorney-General's instrument of appointment as Attorney-\nGeneral is, on its production to the Supreme Court, to be noted in\nthe records of the Court.\n(3) Proceedings (whether civil or criminal) by or against the Attorney-\nGeneral do not abate and are not affected by any change of office-\nholder.\n\nPart 3 Provisions of special application to Territory Crown\nCrown Proceedings Act 1993 5\n16 Right of Attorneys-General to appear in proceedings, &c.\n(1) The Attorney-General of a State may, on behalf of that State,\nrepresent the Crown in any proceedings (whether civil or criminal)\nin which the Crown in right of that State is a party.\n(2) The Attorney-General of the Commonwealth may, on behalf of the\nCommonwealth, represent the Crown in any proceedings (whether\ncivil or criminal) in which the Crown in right of the Commonwealth is\na party.\n17 Right of Attorney-General to intervene\n(1) The Attorney-General may, on behalf of the Crown, intervene in\nproceedings:\n(a) that relate to a matter arising under, or involving the\ninterpretation or validity of, a law of the Territory or the\nCommonwealth;\n(b) in which:\n(i) legislation or executive powers of the Territory or the\nCommonwealth, or an instrumentality or agency of the\nTerritory or the Commonwealth, are in question; or\n(ii) judicial powers of a court or tribunal established under\nthe law of the Territory or Commonwealth are in\nquestion; or\n(c) in which the court grants leave to intervene,\nfor the purpose of submitting argument on the question in issue.\n(2) The Attorney-General has the same right of appeal in proceedings\nin which he or she intervenes under subsection (1) as a party to\nthose proceedings.\n(3) If the Attorney-General intervenes in proceedings under this\nsection, the court may make an order for costs against the Crown to\nreimburse the parties to the proceedings for costs occasioned by\nthe intervention, but the court shall not make such an order unless\nthere are special circumstances which in the opinion of the court\nmake it appropriate to do so.\n18 Notice to Attorney-General\n(1) Where proceedings relate to a matter arising under, or involving the\ninterpretation of, a law of the Territory or the Commonwealth, a\ncourt may, on the application of a party or the Attorney-General or\n\nPart 4 Miscellaneous\nCrown Proceedings Act 1993 6\nof its own motion, adjourn the proceedings and may direct a party\nto give notice of the proceedings to the Attorney-General.\n(2) If a court grants an adjournment under subsection (1), the court\nmay make such order as to costs in relation to such an\nadjournment, including an order against the Territory, as the court\nthinks fit.\n19 Cases where right of Crown to legal representation is\nrestricted\n(1) This section applies to proceedings where an Act removes or\nrestricts the right of a party to be represented in the proceedings by\na legal practitioner.\n(2) In proceedings to which this section applies the Territory Crown or\nthe Attorney-General, if a party to the proceedings, may be\nrepresented by an officer, employee or agent of the Crown (not\nbeing a legal practitioner) authorised to conduct the proceedings on\nbehalf of the Crown or the Attorney-General.\n(3) In proceedings to which this section applies, a document apparently\nsigned by a Minister or the person having chief executive authority\nin an agency, instrumentality, department or unit of administration\nof the Territory Crown that appears to be an authorisation of the\nkind contemplated by subsection (2) is, in the absence of proof to\nthe contrary, to be accepted as such an authorisation.\nPart 4 Miscellaneous\n20 Exclusion of certain proceedings\nThis Act does not affect:\n(a) proceedings for the recovery or enforcement of a fine, penalty\nor forfeiture (including the estreatment of a recognizance)\nimposed in criminal proceedings; or\n(b) a law, custom or procedure under which the Attorney-General\nis entitled or liable to sue, or be sued, or to intervene in\nproceedings, on behalf of the Crown, on the relation, or on\nbehalf of, any other person or persons or in any other capacity\nor for any other purposes.\n\nPart 4 Miscellaneous\nCrown Proceedings Act 1993 7\n22 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay regulate the service of process or other documents under this\nAct.\n23 Repeal\nThe Claims by and against the Government Act 1978, comprising\nAct No. 46 of 1978 and Act No. 59 of 1982, is repealed.\n\nENDNOTES\nCrown Proceedings Act 1993 8\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCrown Proceedings Act 1993 (Act No. 51, 1993)\nAssent date 27 September 1993\nCommenced 1 January 1994 (Gaz G48, 1 December 1993, p 2)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nCrown Proceedings Amendment Act 2002 (Act No. 72, 2002)\nAssent date 11 December 2002\nCommenced 11 December 2002\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nFinancial Management Amendment Act 2009 (Act No. 15, 2009)\nAssent date 18 June 2009\nCommenced 18 June 2009\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1 and 23.\n4 LIST OF AMENDMENTS\ns 4 amd No. 7, 2007, s 16\ns 11 amd No. 27, 1999, s 15; No. 15, 2009, s 16\ns 13 amd No. 72, 2002, s 2; No. 7, 2007, s 16\ns 19 amd No. 7, 2007, s 16\n\nENDNOTES\nCrown Proceedings Act 1993 9\ns 21 rep No. 72, 2002, s 3","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This version of the Act has not grown beyond its original intent as stated in the long title (to provide for suits by and against the Crown and for related purposes). It repealed the earlier Claims by and against the Government Act 1978 but maintains the same core procedural framework for civil proceedings, with amendments limited to updating service, representation and financial provisions."},"complexity_factors":["Defined terms in s 4 (Crown, Territory Crown, proceedings, judgment, State) that affect multiple operative provisions","Cross-references to external laws including the Judiciary Act 1903 (Cth), regulations, rules of court, and corresponding State laws (ss 5, 7)","Conditional exceptions and carve-outs, such as the prohibition on mandatory injunctions (s 8(2)) and exclusions for certain criminal-related proceedings (s 20)","Procedural layering in Part 3 (service rules, Attorney-General intervention rights, representation restrictions) that interact with general rules in Part 2"],"plain_english_summary":"**This Northern Territory law sets out how people can take the government (called 'the Crown') to court in civil cases, and how the government can take legal action against others.** It treats the government much like an ordinary person or company in most court proceedings, allowing the same types of claims and procedures (s 5). However, it keeps some special protections: the government cannot be forced by a 'mandatory injunction' (a court order requiring it to do something specific), court judgments against it are paid from public funds rather than by seizing assets, and there are strict rules for delivering legal papers to ministers or departments.\n\nThe Act also gives the Attorney-General powers to step into cases involving Territory or Commonwealth laws, and explains how judgments are handled without using normal enforcement tools like warrants. It applies to the Northern Territory government in its own right and, where possible, to other Australian governments but not the Commonwealth. \n\nIt matters because it promotes accountability by making it straightforward to sue the government for civil wrongs while protecting core public functions like confidentiality in the public interest (s 9) and preventing disruption to government operations."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Act replaced the earlier Claims by and against the Government Act 1978, updating and consolidating the law on Crown proceedings. While it modernises procedures and expands the Crown's capacity to be sued (including allowing proceedings against the Crown in the same way as between subjects), it retains core immunities and special enforcement mechanisms. The scope remains substantially similar to the original intent: to permit civil proceedings by and against the Crown while preserving certain governmental privileges and procedural safeguards."},"complexity_factors":["Moderate length (23 sections across 4 parts)","Limited defined terms (4), but includes cross-references to other laws (Judiciary Act 1903, regulations)","Conditional provisions (e.g., s.8 exception for mandatory injunctions, s.9 public interest immunity, s.11 enforcement restrictions)","Distinction between Territory Crown and Crown in other capacities (s.3, s.11, Part 3)","Special procedures for service (s.13) and subpoenas on Ministers (s.14) with court leave requirements","Costs exemptions and calculation rules (s.10)","Attorney-General intervention provisions with cost limitations (s.17)"],"plain_english_summary":"This law allows people and businesses to sue the Northern Territory government (called the 'Crown') in civil court, and lets the government sue others, just like between private parties. However, it keeps some special rules for the government:\n\n- **No seizure of government property**: If you win a court case against the government, you cannot force the sale of its assets. Instead, the court sends the judgment to the Administrator (the head of the government), who decides how to pay it out of public funds.\n- **Confidentiality**: The government can refuse to hand over documents or answer questions if doing so would harm the public interest.\n- **No mandatory injunctions**: You cannot get a court order forcing the government to do something specific (like build a road), but you can get other types of injunctions (like stopping an action).\n- **Service of documents**: Legal papers must be served on the Solicitor for the Northern Territory (the government's main lawyer), unless another lawyer is already handling the case.\n- **Subpoenas to Ministers**: To force a Minister to give evidence or produce documents, you need the court's permission, and the Solicitor must be notified first.\n- **Attorney-General's role**: The Attorney-General can step into any case that involves interpreting Territory or Commonwealth laws, and can appeal decisions.\n- **Costs**: The government does not have to pay court fees, but if it wins costs, they are calculated as if it had paid those fees.\n- **Enforcement by the government**: If the government wins a judgment, it can enforce it like anyone else.\n\nThe law applies mainly to the Northern Territory government but also to other state governments when they are involved in Northern Territory courts, as far as the Territory's law allows. It does not affect criminal fines or the Attorney-General's traditional powers to sue or be sued on behalf of others."}},"importantCases":[],"_links":{"self":"/api/acts/crown-proceedings-act-1993","history":"/api/acts/crown-proceedings-act-1993/history","analysis":"/api/acts/crown-proceedings-act-1993/analysis","conflicts":"/api/acts/crown-proceedings-act-1993/conflicts","importantCases":"/api/acts/crown-proceedings-act-1993/important-cases","documents":"/api/acts/crown-proceedings-act-1993/documents"}}