{"id":"district-court-act-1991","name":"District Court Act 1991","slug":"district-court-act-1991","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31907,"registerId":"sa-district-court-act-1991-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"District Court Act 1991","content":"South Australia\nDistrict Court Act 1991\nAn Act to establish the District Court of South Australia; to define its jurisdiction and powers; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—District Court of South Australia\nDivision 1—Establishment of Court\n4\tEstablishment of Court\n5\tCourt is Court of record\n6\tSeal\nDivision 2—Structure of Court\n7\tDivisions of the Court\nDivision 3—Jurisdiction of the Court\n8\tCivil jurisdiction\n9\tCriminal jurisdiction\nPart 3—Composition of the Court\nDivision 1—The Court's judiciary\n10\tCourt's judiciary\n11\tChief Judge\n11AA\tActing Chief Judge\nDivision 2—Judicial office\nSubdivision 1—Appointment of Chief Judge\n11A\tAppointment of Chief Judge\nSubdivision 2—Appointment of other Judges and Associate Judges\n12\tAppointment of other Judges and Associate Judges\nSubdivision 3—Other provisions relating to Judges and Associate Judges\n13\tJudicial remuneration (other than for Judicial Registrar)\n14\tLeave\n14A\tSpecial leave\n15\tRemoval of Judges and Associate Judges\n16\tRetirement etc of members of judiciary\nSubdivision 4—Provisions relating to Judicial Registrars\n16A\tAppointment and conditions of Judicial Registrars\n16B\tJudicial Registrar ceasing to hold office and suspension\n16C\tJurisdiction of Judicial Registrar\nDivision 3—Court's administrative and ancillary staff\n17\tAdministrative and ancillary staff\n18\tThe Registrar\n19\tResponsibilities of non-judicial staff\nPart 4—Sittings and distribution of business\n20\tConstitution of Court\n21\tTime and place of sittings\n22\tAdjournment from time to time and place to place\n23\tSittings in open Court or in chambers\n24\tTransfer of proceedings between courts\nPart 5—Evidentiary powers\n25\tPower to require attendance of witnesses and production of evidentiary material\n26\tPower of Court to compel the giving of evidence\n27\tEntry and inspection of property\n28\tProduction of persons held in custody\n29\tIssue of evidentiary summons\nPart 6—Special provisions as to the Court's civil jurisdiction\nDivision 1—General\n30\tInterim injunctions etc\n31\tRestraining orders\n32\tMediation and conciliation\n33\tTrial of issues by arbitrator\n34\tExpert reports\n35\tMerger of law and equity\n36\tAlternative forms of relief\n37\tDeclaratory judgments\n38\tInterim awards of damages\n38A\tConsent orders for structured settlements\n39\tPre-judgment interest\n40\tInterest on judgment debts\n41\tPayment to child\n42\tCosts\nDivision 2—Administrative and Disciplinary Division\nSubdivision 1—Preliminary\n42A\tInterpretation\nSubdivision 2—Administrative appeals\n42B\tApplication of Subdivision and interpretation\n42C\tExtension of time to appeal\n42D\tStay of operation of decision appealed against\n42E\tConduct of appeal\n42F\tDecision on appeal\n42G\tCosts and ancillary orders etc on appeals\nSubdivision 3—Other proceedings\n42H\tCosts and ancillary orders etc in other proceedings\nPart 7—Appeals and reservation of questions of law\n43\tRight of appeal\n44\tReservation of questions of law\n45\tNon-application to criminal proceedings\nPart 8—Miscellaneous\n46\tImmunities\n48\tContempt of Court\n49\tCustody of litigant's funds and securities\n50\tMiscellaneous provisions relating to legal process\n50A\tService\n50B\tCertain trials of sexual offences to be given priority\n50C\tDeath or incapacity of Judge during trial\n51\tRules of Court\n53\tCourt fees\n54\tAccessibility to Court records\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the District Court Act 1991.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naction means any civil or criminal proceedings in the Court, including proceedings for a contempt of the Court;\nAssociate Judge means an Associate Judge of the District Court;\nChief Judge means the Chief Judge of the Court;\nCourt or District Court means the District Court of South Australia;\nDistrict Court Judge or Judge means any Judge of the Court (including the Chief Judge);\nevidentiary material means any document, object or substance of evidentiary value in proceedings before the Court and includes any document, object or substance that should, in the opinion of the Court, be produced for the purpose of enabling the Court to determine whether or not it has evidentiary value;\njudgment means a judgment, order or decision and includes an interlocutory judgment or order;\njudicial office means the office of Judge, Associate Judge or Judicial Registrar;\nJudicial Registrar means a District Court Judicial Registrar;\nMaster means a District Court Master;\nRegistrar means the Registrar, or any Deputy Registrar of the Court, but does not include a Judicial Registrar;\nrules means the rules of the Court in force under this Act.\n\t(2)\tSubject to the rules of the Court, a reference in any Act or legislative instrument to a Master is taken to be a reference to an Associate Judge.\nPart 2—District Court of South Australia\nDivision 1—Establishment of Court\n4—Establishment of Court\nThe District Court of South Australia is established.\n5—Court is Court of record\nThe Court is a Court of record.\n6—Seal\n\t(1)\tThe Court will have such seals as are necessary for the transaction of its business.\n\t(2)\tA document apparently sealed with a seal of the Court will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Court.\nDivision 2—Structure of Court\n7—Divisions of the Court\nThe Court is divided into the following Divisions:\n\t(a)\tthe Civil Division;\n\t(b)\tthe Criminal Division;\n\t(c)\tthe Criminal Injuries Division;\n\t(d)\tthe Administrative and Disciplinary Division.\nDivision 3—Jurisdiction of the Court\n8—Civil jurisdiction\n\t(1)\tThe Court has the same civil jurisdiction (both at law and in equity) as the Supreme Court at first instance subject, however to the following qualifications:\n\t(a)\tthe Court has no jurisdiction in probate or admiralty;\n\t(b)\tthe Court has no supervisory jurisdiction except as expressly conferred by statute with respect to inferior courts or tribunals, or with respect to administrative acts, and has no jurisdiction to grant relief in the nature of a prerogative writ.\n\t(2)\tThe Court, in its Criminal Injuries Division, has the jurisdiction conferred on it by the Victims of Crime Act 2001 or a corresponding previous law.\n\t(3)\tThe Court, in its Administrative and Disciplinary Division, has the jurisdiction conferred by statute.\n\t(4)\tThe Court has any other civil jurisdiction conferred by statute.\n\t(5)\tAll proceedings before the Court, other than in its Criminal Division, are to be regarded as civil proceedings for the purposes of this Act or any other Act or law.\n\t(6)\tSubsection (5) does not affect any special rule as to the conduct of proceedings for a contempt of the Court.\n9—Criminal jurisdiction\n\t(1)\tThe Court has jurisdiction to try a charge of any offence except treason or murder, or a conspiracy or attempt to commit, or assault with intent to commit, either of those offences.\n\t(2)\tThe Court has jurisdiction to convict and sentence, or to sentence, a person found guilty on trial, or on his or her own admission, of such an offence.\n\t(3)\tThe Court's jurisdiction to try, convict or sentence for a summary offence exists only where the offence is charged in the same information as an indictable offence.\n\t(4)\tThe Court has any other criminal jurisdiction conferred by statute.\nPart 3—Composition of the Court\nDivision 1—The Court's judiciary\n10—Court's judiciary\n\t(1)\tThe Court's judiciary consists of—\n\t(a)\tthe Chief Judge; and\n\t(b)\tthe other Judges; and\n\t(c)\tthe Associate Judges; and\n\t(d)\tthe Judicial Registrars.\n\t(2)\tAn Associate Judge is, while holding that office, also a Magistrate.\n11—Chief Judge\n\t(1)\tThe Chief Judge is the principal judicial officer of the Court.\n\t(2)\tThe Chief Judge is responsible for the administration of the Court.\n11AA—Acting Chief Judge\n\t(1)\tIf—\n\t(a)\tthe Chief Judge is absent or, for any reason, is unable for the time being to carry out the duties of the office; or\n\t(b)\tthe office of the Chief Judge becomes vacant,\nthe Governor may appoint a Judge to be Acting Chief Judge until—\n\t(c)\tthe Chief Judge returns to official duties; or\n\t(d)\ta person is appointed to the office of the Chief Judge,\nas the case requires.\n\t(2)\tAny power or duty attached to the office of the Chief Judge by or under this or any other Act—\n\t(a)\ton the appointment of a Judge to be Acting Chief Judge—devolves on the Judge so appointed; or\n\t(b)\tif no such appointment is made—devolves (during the absence or inability of the Chief Judge, or until the vacancy is filled) on the most senior of the other Judges available to undertake those responsibilities.\nDivision 2—Judicial office\nSubdivision 1—Appointment of Chief Judge\n11A—Appointment of Chief Judge\n\t(1)\tThe Chief Judge is—\n\t(a)\ta Judge of the Supreme Court assigned by the Governor, by proclamation, to be the Chief Judge; or\n\t(b)\ta legal practitioner of at least 10 years standing or a District Court Judge appointed by the Governor as the Chief Judge.\n\t(2)\tBefore the Governor assigns a Judge of the Supreme Court to be the Chief Judge, the Attorney‑General must consult with the Chief Justice of the Supreme Court about the proposed assignment.\n\t(3)\tA Judge of the Supreme Court assigned to be the Chief Judge ceases to be the Chief Judge if the person ceases to be a Judge of the Supreme Court.\n\t(4)\tThe remuneration and conditions of service of a Judge of the Supreme Court assigned to be the Chief Judge will be the same as if he or she had not been so assigned and his or her service as the Chief Judge will be regarded as if it were service as a Judge of the Supreme Court.\n\t(5)\tA person appointed as Chief Judge under subsection (1)(b) will be taken to have been appointed as a Judge of the District Court (if he or she is not already a Judge of the District Court) and as a Judge of the Supreme Court of South Australia.\n\t(6)\tThe Chief Judge may not perform the duties, or exercise the powers, of a Judge of the Supreme Court unless the Chief Justice of the Supreme Court, with the consent of the Chief Judge, assigns the Chief Judge to perform the duties and exercise the powers of a Judge of the Supreme Court for a period determined by the Chief Justice.\n\t(7)\tThe Chief Judge must, as soon as is reasonably practicable after consenting to an assignment under subsection (6), notify the Attorney‑General that he or she has so consented and the Attorney‑General must, as soon as is reasonably practicable after receiving such notification, publish in the Gazette a notice setting out—\n\t(a)\tthe fact that the Chief Judge has consented to an assignment under subsection (6); and\n\t(b)\tthe period of the assignment.\n\t(8)\tThe office of Judge of the Supreme Court is the primary judicial office of the Chief Judge and—\n\t(a)\tthe remuneration and conditions of service of the Chief Judge will be the same as if he or she held a single appointment as a Judge of the Supreme Court; and\n\t(b)\tservice as the Chief Judge will be regarded as if it were service as a Judge of the Supreme Court.\n\t(9)\tSubject to subsection (10), the retirement, resignation or removal from office of a person appointed as the Chief Judge under subsection (1)(b) is governed by the law applicable to the retirement, resignation or removal from office of a Judge of the Supreme Court and the Chief Judge will, until retirement, resignation or removal from office (or earlier death), continue to hold both of those appointments.\n\t(10)\tA person appointed as the Chief Judge under subsection (1)(b)—\n\t(a)\tmay not, except with the approval of the Governor, resign from the office of the Chief Judge and the office of Judge of the District Court, without also resigning from the office of Judge of the Supreme Court; but\n\t(b)\tmay resign from the office of the Chief Judge and the office of Judge of the Supreme Court without simultaneously resigning from the office of Judge of the District Court,\nand a resignation under paragraph (a) or (b) will not give rise to any right to pension, retirement leave or other similar benefit.\n\t(11)\tThe Governor may, by proclamation, made at the request or with the consent of a Judge of the Supreme Court assigned to be the Chief Judge under subsection (1)(a), revoke the assignment of that Judge under this section.\nSubdivision 2—Appointment of other Judges and Associate Judges\n12—Appointment of other Judges and Associate Judges\n\t(1)\tAppointments under this section to judicial office (other than to the office of Judicial Registrar) in the Court are made by the Governor.\n\t(2)\tThe following provisions govern eligibility for appointment to judicial office (other than to the office of Judicial Registrar):\n\t(b)\ta person is not eligible for appointment as a Judge unless that person is a legal practitioner of at least 7 years standing; and\n\t(c)\ta person is not eligible for appointment as an Associate Judge unless that person is a legal practitioner of at least 5 years standing.\n\t(3)\tA person who is eligible for appointment to judicial office, or who has held but retired from judicial office, under this section may be appointed to act in such an office (except the office of Chief Judge) for a specified term not exceeding 12 months.\n\t(4)\tA member of the judiciary of another Court cannot be appointed to act in a judicial office of the Court (other than under section 11A) except on the recommendation of the Chief Judge made with the concurrence of the judicial head of that other Court.\n\t(5)\tFor the purpose of determining whether a legal practitioner has the standing necessary for appointment to a particular judicial office, periods of legal practice and (where relevant) judicial service within and outside the State will be taken into account.\nSubdivision 3—Other provisions relating to Judges and Associate Judges\n13—Judicial remuneration (other than for Judicial Registrar)\n\t(1)\tSubject to section 11A, the judicial officers (other than a Judicial Registrar) are entitled to the remuneration determined by the Remuneration Tribunal in relation to the respective offices.\n\t(2)\tA salary determined by the Remuneration Tribunal for a judicial office cannot be reduced by subsequent determination.\n14—Leave\n\t(1)\tA Judge is entitled to leave (or payment in lieu of leave) on the same basis as a Judge of the Supreme Court.\n\t(2)\tAn Associate Judge is entitled to leave (or payment in lieu of leave) on the same basis as a Magistrate.\n14A—Special leave\n\t(1)\tA Judge may apply to the Chief Judge for special leave without remuneration.\n\t(2)\tThe Governor may, on the recommendation of the Chief Judge, grant an application for special leave under this section.\n\t(3)\tA period of special leave under this section will not be taken to be judicial service within the meaning of the Judges' Pensions Act 1971.\n15—Removal of Judges and Associate Judges\n\t(1)\tA Judge cannot be removed from office except on an address from both Houses of Parliament praying for his or her removal.\n\t(2)\tAn Associate Judge—\n\t(a)\tmay only be suspended from office on the recommendation or with the consent of the Chief Judge; and\n\t(b)\tmay only be removed from office—\n\t(i)\ton the recommendation or with the consent of the Chief Judge; or\n\t(ii)\tby the Governor in accordance with the Judicial Conduct Commissioner Act 2015.\n16—Retirement etc of members of judiciary\n\t(1)\tA Judge must retire from office on reaching the age of 70 years.\n\t(2)\tAn Associate Judge must retire from office on reaching the age of 70 years.\n\t(3)\tA person who retires or resigns from judicial office or who, having been appointed to act in a judicial office, completes the term of appointment may continue to act in the relevant office for the purpose of completing the hearing and determination of proceedings part-heard before retirement or resignation, or completion of the term.\nSubdivision 4—Provisions relating to Judicial Registrars\n16A—Appointment and conditions of Judicial Registrars\n\t(1)\tThe Governor may, on the recommendation of the Attorney‑General and with the concurrence of the Chief Judge, appoint a legal practitioner of at least 5 years standing to be a District Court Judicial Registrar.\n\t(2)\tThe term of appointment (which must be for at least 7 years), the remuneration and the conditions of service applicable to a person holding an appointment under this section will be as determined by the Governor with the concurrence of the Chief Judge, and specified in the instrument of appointment.\n\t(3)\tAn appointment of a Judicial Registrar under this section will be taken to be on a full‑time basis unless the instrument of appointment provides that the appointment is on a part‑time basis.\n\t(4)\tHowever, a Judicial Registrar not appointed on a part‑time basis may, by written agreement with the Chief Judge made with the approval of the Attorney‑General, perform the duties of office on a part‑time basis for a period specified in the agreement.\n\t(5)\tAn instrument appointing a Judicial Registrar on a part‑time basis or an agreement under subsection (4) must specify the hours of duty the Judicial Registrar will ordinarily be required to work, expressed as a proportion of the time a Judicial Registrar appointed on a full‑time basis is ordinarily required to work.\n\t(6)\tThe hours of duty specified in an instrument of appointment or an agreement under subsection (4) may be varied by written agreement between the Judicial Registrar and the Chief Judge made with the approval of the Attorney‑General.\n\t(7)\tThe remuneration determined by the Governor with the concurrence of the Chief Judge and specified in the instrument of appointment may not be reduced by subsequent determination.\n\t(8)\tHowever, a Judicial Registrar (whether appointed on a full‑time or part‑time basis) is, while performing the duties of the office on a part‑time basis, entitled to remuneration on a pro‑rata basis in respect of the hours of duty at the rate determined by the Governor under this section in relation to a Judicial Registrar appointed on a full‑time basis.\n\t(9)\tFor the purpose of determining whether a legal practitioner has the standing necessary for appointment to the office of Judicial Registrar, periods of legal practice within and outside the State will be taken into account.\n\t(10)\tA person appointed as a Judicial Registrar is, on the recommendation of the Attorney‑General and with the concurrence of the Chief Judge, eligible for reappointment at the expiration of a term of office.\n\t(11)\tA Judicial Registrar may, with the approval of the Attorney‑General and the concurrence of the Chief Judge, concurrently hold office as a member of the Court's non‑judicial staff if the non‑judicial office is compatible with the judicial office.\n16B—Judicial Registrar ceasing to hold office and suspension\n\t(1)\tThe Governor may, on the recommendation of the Attorney‑General, remove a Judicial Registrar from office for—\n\t(a)\tmental or physical incapacity to carry out official duties satisfactorily; or\n\t(b)\tneglect of duty; or\n\t(c)\tdishonourable conduct.\n\t(2)\tA Judicial Registrar ceases to hold office if the Judicial Registrar—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Attorney‑General; or\n\t(d)\tceases to satisfy any qualification by virtue of which the person was eligible for appointment to the office of Judicial Registrar; or\n\t(e)\tis removed from office under subsection (1).\n\t(3)\tThe Attorney‑General may only make a recommendation under subsection (1) with the concurrence of the Chief Judge.\n\t(4)\tThe Chief Judge may, on the Chief Judge's own initiative or at the request of the Attorney‑General, suspend a Judicial Registrar from office if it appears that there may be grounds for the removal of the Judicial Registrar from office.\n\t(5)\tIf a Judicial Registrar is suspended under subsection (4), the Judicial Registrar remains entitled to the Judicial Registrar's usual remuneration and allowances during the period of suspension.\n16C—Jurisdiction of Judicial Registrar\n\t(1)\tSubject to the regulations, Judicial Registrars may exercise such jurisdiction of the Court as assigned by the Chief Judge or the rules.\n\t(2)\tIf the Court is constituted of a Judicial Registrar in criminal proceedings, the Court—\n\t(a)\tmay not impose a sentence of imprisonment; and\n\t(b)\tif of the opinion that the limitation on its powers imposed under this subsection prevents it from imposing an appropriate sentence—may adjourn the question of sentence for hearing and determination by a Judge.\nDivision 3—Court's administrative and ancillary staff\n17—Administrative and ancillary staff\n\t(1)\tThe Court's administrative and ancillary staff consists of—\n\t(a)\tthe Registrar;\n\t(b)\tthe Deputy Registrars;\n\t(c)\tany other persons appointed to the non-judicial staff of the Court.\n\t(2)\tThe Court's administrative and ancillary staff will be appointed under the Courts Administration Act 1993.\n18—The Registrar\n\t(1)\tThe Registrar is the Court's principal administrative officer.\n\t(2)\tA person cannot be appointed to the office of Registrar of the Court, nor can a person holding that office be dismissed or reduced in status, except on the recommendation, or with the concurrence, of the Chief Judge.\n\t(3)\tThe Registrar may, in addition to exercising the functions and duties assigned to him or her by this Act or any other Act, exercise any procedural or non-judicial powers of the Court assigned by the Chief Judge or by the rules.\n19—Responsibilities of non-judicial staff\nA member of the Court's administrative or ancillary staff is responsible to the Chief Judge (through any properly constituted administrative superior) for the proper and efficient discharge of his or her duties.\nPart 4—Sittings and distribution of business\n20—Constitution of Court\n\t(1)\tSubject to this section, the Court, when sitting to adjudicate on any matter, may be constituted of—\n\t(a)\ta Judge; or\n\t(b)\tif the matter lies within a jurisdiction of the Court conferred by statute or the rules on Associate Judges—an Associate Judge (but the jurisdiction of Associate Judges is not exclusive; such a jurisdiction may also be exercised by a Judge); or\n\t(c)\tif the matter lies within a jurisdiction of the Court assigned to Judicial Registrars—a Judicial Registrar (but the jurisdiction of Judicial Registrars is not exclusive; such a jurisdiction may also be exercised by a Judge or Associate Judge).\n\t(2)\tIf a matter lies within the criminal jurisdiction of the Court and is to be tried by jury, the Court will be constituted of a Judge sitting with a jury.\n\t(4)\tIf under an Act conferring a jurisdiction on the Court in its Civil Division or its Administrative and Disciplinary Division the Court is to sit with assessors in exercising that jurisdiction, then the following provisions apply:\n\t(a)\tin any proceedings in which a party seeks the exercise of the relevant jurisdiction the Court will, subject to paragraph (ab), sit with assessors selected in accordance with the Act conferring the jurisdiction;\n\t(ab)\tthe Court is not required to sit with assessors—\n\t(i)\tfor the purposes of—\n\t(A)\tdealing with preliminary, interlocutory or procedural matters; or\n\t(B)\tdealing with questions of costs; or\n\t(C)\tentering consent orders; or\n\t(ii)\tfor a part of the proceedings relating only to questions of law,\nand may, for that purpose or as a consequence, while sitting without assessors, make any ruling, order or judgment (including a final judgment) it considers appropriate;\n\t(b)\twhere the Court sits with assessors—\n\t(i)\tquestions of law or procedure will be determined by the Judge presiding at the proceedings; and\n\t(ii)\tother questions will be determined by majority opinion.\n\t(5)\tThe Court may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters.\n\t(6)\tA Judge, Associate Judge or Judicial Registrar may sit in any Division of the Court.\n21—Time and place of sittings\n\t(1)\tThe Court may sit at any time (including a Sunday).\n\t(2)\tThe Court may sit at any place (either within or outside the State).\n\t(3)\tThe Court will sit at such times and places as the Chief Judge may direct.\n\t(4)\tRegistries of the Court will be maintained at such places as the Governor may determine.\n22—Adjournment from time to time and place to place\nThe Court may—\n\t(a)\tadjourn proceedings from time to time and from place to place; or\n\t(b)\tadjourn proceedings to a time, or a time and place, to be fixed; or\n\t(c)\torder the transfer of proceedings from place to place.\n23—Sittings in open Court or in chambers\nSubject to any Act or rule to the contrary, the Court's proceedings must be open to the public.\n24—Transfer of proceedings between courts\n\t(1)\tThe Supreme Court or a Judge or Associate Justice of the Supreme Court may order—\n\t(a)\tthat civil or criminal proceedings in the District Court be transferred to the Supreme Court; or\n\t(b)\tthat civil or criminal proceedings in the Supreme Court that lie within the jurisdiction of the District Court be transferred to the District Court.\n\t(2)\tThe District Court or a Judge or Associate Judge of the District Court may order that civil or criminal proceedings in the District Court be transferred to the Supreme Court.\n\t(3)\tWhere proceedings have been transferred under this section, they may be continued and completed as if steps taken in the proceedings prior to the transfer had been taken in the court to which they are transferred.\nPart 5—Evidentiary powers\n25—Power to require attendance of witnesses and production of evidentiary material\n\t(1)\tThe Court may, on the application of a party to proceedings or on its own initiative, issue a summons requiring a person to appear before the Court at a specified time and place to give evidence or to produce evidentiary material (or both).\n\t(2)\tA summons to produce evidentiary material may, instead of providing for production of the material before the Court, provide for production of the material to an officer of the Court nominated in the summons.\n\t(3)\tIf—\n\t(a)\ta person fails to comply with a summons under subsection (1); or\n\t(b)\tthere are grounds for believing that, if such a summons were issued, a person would not comply with it,\nthe Court may issue a warrant to have the person arrested and brought before the Court.\n26—Power of Court to compel the giving of evidence\n\t(1)\tA person who is called to give evidence or to produce evidentiary material before a Court and—\n\t(a)\trefuses or fails to make an oath or affirmation when required to do so by the Court;\n\t(b)\trefuses or fails to give evidence on a subject on which that person is compellable to give evidence;\n\t(c)\trefuses or fails without reasonable excuse to produce evidentiary material that that person is required by the Court to produce,\ncommits a contempt of the Court.\n\t(2)\tThis section applies whether the person was summoned before the Court, brought before the Court on a warrant, or came to the Court of his or her own volition.\n27—Entry and inspection of property\n\t(1)\tA Court may enter any land or building and carry out an inspection that the Court considers relevant to a proceeding before the Court.\n\t(2)\tA Court may authorise an officer of the Court to enter any land or building and carry out an inspection that the Court considers relevant to a proceeding before the Court.\n\t(3)\tA person who obstructs a Court, or a person authorised by a Court, in the exercise of a power of entry or inspection under this section commits a contempt of the Court.\n28—Production of persons held in custody\nIf the Court requires the attendance before it of any person who is held in custody in the State, the Court may—\n\t(a)\tissue a summons or a notice requiring the custodian to produce that person before the Court at a nominated time and place; or\n\t(b)\tissue a warrant authorising the sheriff, or a member of the police force, to take the person from the custodian and bring him or her before the Court.\n29—Issue of evidentiary summons\nA summons or a notice under this Part may be issued on behalf of the Court by—\n\t(a)\ta Judge, Associate Judge or Judicial Registrar; or\n\t(b)\tthe Registrar; or\n\t(c)\tany other officer authorised by the rules to issue such summonses.\nPart 6—Special provisions as to the Court's civil jurisdiction\nDivision 1—General\n30—Interim injunctions etc\nThe Court may, on such terms as appear just, grant an injunction or make any other order that may be necessary to preserve the subject-matter of an action intact until the questions arising in the action have been finally determined.\n31—Restraining orders\n\t(1)\tA Court may make an order (a restraining order) preventing or restricting dealing with property of a defendant to an action if—\n\t(a)\tthe action appears to have been brought on reasonable grounds; and\n\t(b)\tthe property may be required to satisfy a judgment that has been, or may be, given in the action; and\n\t(c)\tthere is a substantial risk that the defendant will dispose of the property before judgment is given, or before it can be enforced.\n\t(2)\tA restraining order must be served as directed by the Court.\n\t(3)\tA person who deals with property subject to a restraining order except as permitted by the order commits a contempt of Court.\n\t(4)\tThe Court may vary or revoke a restraining order at any time.\n\t(5)\tIf it appears to a Court that grounds for making a restraining order exist but the Court requires further evidence to identify property in relation to which the order could be effectively made, the Court may summons the defendant, or issue a warrant to have the defendant arrested and brought before the Court, for examination on that subject.\n32—Mediation and conciliation\n\t(1)\tSubject to and in accordance with the rules, the Court constituted of a Judge, Associate Judge or Judicial Registrar (whether or not sitting with assessors) may, with or without the consent of the parties, or the Registrar may, with the consent of the parties, appoint a mediator and refer an action or any issues arising in an action for mediation by the mediator.\n\t(2)\tA mediator appointed under this section has the privileges and immunities of a Judge and such of the powers of the Court as the Court may delegate.\n\t(2a)\tA mediator appointed under this section must not, except as required or authorised to do so by law, disclose to another person any information obtained in the course or for the purposes of the mediation.\n\t(2b)\tThe Court may itself endeavour to achieve a negotiated settlement of an action or resolution of any issues arising in an action.\n\t(2c)\tA Judge, Associate Judge or Judicial Registrar who attempts to settle an action or to resolve any issues arising in an action is not disqualified from taking further part in those proceedings but will be so disqualified if he or she is appointed as a mediator in relation to those proceedings.\n\t(3)\tEvidence of anything said or done in an attempt to settle an action by mediation under this section is not subsequently admissible in the proceedings or in related proceedings.\n\t(5)\tWhere a case is settled under this section, the terms of the settlement may be embodied in a judgment.\n33—Trial of issues by arbitrator\n\t(1)\tThe Court may refer an action or any issues arising in an action for trial by an arbitrator.\n\t(2)\tThe arbitrator may be appointed either by the parties to the action or by the Court.\n\t(3)\tThe arbitrator becomes for the purposes of the reference an officer of the Court and may exercise such of the powers of the Court as the Court delegates to the arbitrator.\n\t(4)\tThe Court will, unless good reason is shown to the contrary, adopt the award of the arbitrator as its judgment on the action or issues referred.\n\t(5)\tThe costs of the arbitrator will be borne, in the first instance, equally by the parties or in such other proportions as the Court may direct, but the Court may subsequently order that a party be reimbursed wholly or in part by another party for costs incurred under this subsection.\n34—Expert reports\n\t(1)\tThe Court may refer any question arising in an action for investigation and report by an expert in the relevant field.\n\t(2)\tA person to whom a question is referred under this section becomes for the purposes of the investigation an officer of the Court and may exercise such of the powers of the Court as the Court delegates.\n\t(3)\tThe Court may adopt a report obtained under this section in whole or part.\n\t(4)\tThe costs of the expert's investigation and report will be borne, in the first instance, equally by the parties or in such other proportions as the Court may direct, but the Court may subsequently order that a party be reimbursed wholly or in part by another party for costs incurred under this subsection.\n35—Merger of law and equity\n\t(1)\tLegal and equitable claims and defences may be included (without discrimination between them) in the same action.\n\t(2)\tIf there is a conflict between the rules of common law and equity as they apply to a particular action, the rules of equity prevail.\n36—Alternative forms of relief\n\t(1)\tAlthough a particular form of relief is sought by a party to an action, the Court may grant any other form of relief that it considers more appropriate to the circumstances of the case.\n\t(2)\tIn particular—\n\t(a)\twhere a party seeks relief by way of injunction or specific performance, the Court may award damages in addition to or in substitution for such relief;\n\t(b)\twhere a party seeks foreclosure of the equity of redemption in mortgaged property, the Court may, instead of ordering foreclosure—\n\t(i)\tdirect the sale of the mortgaged property; or\n\t(ii)\tdirect a transfer of the mortgage debt and security to a person who agrees to assume the debt.\n(This subsection is not exhaustive.)\n37—Declaratory judgments\nThe Court may, on matters within its jurisdiction, make binding declarations of right whether or not any consequential relief is or could be claimed.\n38—Interim awards of damages\n\t(1)\tIn an action for damages, the Court may give a declaratory judgment finally determining the question of liability between the parties, but leaving the quantum of damages to be determined subsequently.\n\t(2)\tThe Court may, at the time of giving declaratory judgment or subsequently, order the defendant—\n\t(a)\tto make such interim payments as the Court thinks fit on account of the damages that are yet to be finally assessed (but such payments should not include any allowance for non-economic loss unless the Court is satisfied that there is good reason for including such an allowance);\n\t(b)\tto give such security as the Court thinks fit for the payment of damages yet to be assessed.\n\t(3)\tIf—\n\t(a)\tdeclaratory judgment is given in a case of personal injury; and\n\t(b)\tthe injured person is incapacitated (wholly or partially) for employment; and\n\t(c)\tit appears to the Court that the injured person is not making adequate efforts towards rehabilitation for employment,\na component of an interim payment attributable to loss of earnings must not exceed 75% of the loss of earnings over the period to which the interim payment relates.\n\t(4)\tA party to an action in which declaratory judgment has been given may at any time apply to the Court for a final assessment of damages.\n\t(5)\tIf an application is made under subsection (4) and—\n\t(a)\tthe action arises from personal injury and the medical condition of the injured person appears to have stabilised; or\n\t(b)\tfour years or more have elapsed since the date of the declaratory judgment,\nthe application should not be refused except in exceptional circumstances.\n\t(6)\tIf a party in whose favour a declaratory judgment has been given dies before the final assessment of damages—\n\t(a)\tthe administrator of the deceased's estate may continue the action for the benefit of the estate (in which case the deceased's damages will be finally assessed to the date of death and further allowance may be made for damages allowable under the Survival of Causes of Action Act 1940); or\n\t(b)\tif the deceased's death was caused or accelerated by the circumstances out of which the action arose—the administrator may convert the action into one on behalf of dependants under the Wrongs Act 1936.\n\t(7)\tIf the administrator converts the action into one on behalf of dependants, the Court will, in assessing damages on behalf of the dependants, make a proper allowance for damages paid to the deceased.\n38A—Consent orders for structured settlements\nIn an action for damages for personal injury, the court may, with the consent of the parties, make an order for damages to be paid wholly or in part in the form of periodic payments, by way of an annuity or otherwise, instead of in a lump sum.\n39—Pre-judgment interest\n\t(1)\tUnless good reason is shown to the contrary, the Court will, on the application of a party in whose favour a monetary judgment has been, or is to be, given include in the judgment an award of interest in accordance with this section.\n\t(2)\tThe interest—\n\t(a)\twill be calculated at a rate fixed by the Court; and\n\t(b)\twill be calculated in respect of a period fixed by the Court (which must, however, in the case of a judgment given on a liquidated claim, be the period running from when the liability to pay the amount of the claim fell due to the date of judgment unless the Court otherwise determines); and\n\t(c)\tis, in accordance with the Court's determination, payable in respect of the whole or part of the amount for which judgment is given.\n\t(3)\tThe Court may, without proceeding to calculate interest under subsection (2), award a lump sum instead of interest.\n\t(4)\tThis section does not—\n\t(a)\tauthorise the award of interest on interest;\n\t(b)\tauthorise the award of interest on exemplary or punitive damages;\n\t(c)\taffect damages for dishonour of a negotiable instrument;\n\t(d)\tauthorise the award of interest (except by consent) on a sum for which judgment is given by consent;\n\t(e)\tlimit or affect the operation of any other enactment or rule of law providing for the award of interest.\n40—Interest on judgment debts\n\t(1)\tA judgment debt bears interest at a rate prescribed by the rules.\n\t(2)\tSubject to any direction by the Court to the contrary, the interest runs—\n\t(a)\tin the case of adjudicated costs—from the date the costs are adjudicated or an earlier date fixed by the adjudicating officer;\n\t(b)\tin the case of any other monetary sum—from the date of the judgment.\n41—Payment to child\n\t(1)\tAlthough a party to an action is a child, the Court may order the payment of money to that party.\n\t(2)\tWhere such an order is made, a receipt given by the child is a valid discharge for the person to whom it is given.\n42—Costs\n\t(1)\tSubject to subsection (2) and the rules, costs in any proceedings in the Civil Division will be in the discretion of the Court and may be awarded against any person (whether a party to or a witness in the proceedings or not).\n\t(2)\tIf—\n\t(a)\tan action for the recovery of damages or any other monetary sum is brought in the Court; and\n\t(b)\tthe action might have been brought in the Magistrates Court; and\n\t(c)\tthe plaintiff recovers less than an amount fixed by the rules for the purposes of this paragraph,\nno order for costs will be made in favour of the plaintiff unless the Court is of the opinion that it is just in the circumstances of the case that the plaintiff should recover the whole or part of the costs of action.\n\t(3)\tIf proceedings are delayed through the neglect or incompetence of a legal practitioner, the Court may—\n\t(a)\tdisallow the whole or part of the costs as between the legal practitioner and his or her client (and, where appropriate, order the legal practitioner to repay costs already paid);\n\t(b)\torder the legal practitioner to indemnify his or her client or any other party to the proceedings for costs resulting from the delay;\n\t(c)\torder the legal practitioner to pay to the Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted.\n\t(4)\tThe Court may not make an order against a legal practitioner under subsection (3) unless the Court has informed the practitioner of the nature of the order proposed and allowed the practitioner a reasonable opportunity to make representations, and call evidence, in relation to the matter.\n\t(5)\tIf a person who is summoned to appear as a witness in any proceedings fails, without reasonable excuse, to appear in obedience to the summons, the Court may order that person—\n\t(a)\tto indemnify the parties to the proceedings for costs resulting from failure to obey the summons;\n\t(b)\tto pay to the Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted in consequence of the witness's failure to obey the summons.\nDivision 2—Administrative and Disciplinary Division\nSubdivision 1—Preliminary\n42A—Interpretation\nIn this Division—\nCourt means the Court sitting in its Administrative and Disciplinary Division.\nSubdivision 2—Administrative appeals\n42B—Application of Subdivision and interpretation\n\t(1)\tThis Subdivision applies in relation to the appellate jurisdiction conferred on the Court by another Act (the special Act) subject to the provisions of the special Act.\n\t(2)\tIn this Subdivision—\ndecision includes an act (such as the giving or making of a notice, direction, determination, requirement or order) and a failure or refusal to make a decision or act;\noriginal decision-maker, in relation to an appeal, means the person or body whose decision is appealed against, and includes, if that person or body made the decision on an appeal against, or review of, a decision made by some other person or body, that other person or body.\n42C—Extension of time to appeal\nThe Court may, in its discretion, extend the time fixed by the special Act for instituting an appeal, even if the time for instituting the appeal has ended.\n42D—Stay of operation of decision appealed against\n\t(1)\tThe making of an appeal against a decision does not affect the operation of the decision or prevent the taking of action to implement the decision.\n\t(2)\tHowever, on the making of an appeal, the Court or the original decision-maker may, on application or at its own initiative, make an order staying or varying the operation or implementation of the whole or a part of a decision appealed against pending the determination of the appeal if the Court, or the original decision-maker, is satisfied that it is just and reasonable in the circumstances to make the order.\n\t(3)\tAn order by the Court, or the original decision-maker, under this section—\n\t(a)\tis subject to such conditions as are specified in the order; and\n\t(b)\tmay be varied or revoked—\n\t(i)\tin any case—by further order by the Court; or\n\t(ii)\tif the order was made by the original decision-maker—by further order by the original decision-maker or the Court.\n42E—Conduct of appeal\n\t(1)\tThe Court must, on an appeal, examine the decision of the original decision-maker on the evidence or material before the original decision-maker but the Court may, as it thinks fit, allow further evidence or material to be presented to it.\n\t(2)\tThe Court, on an appeal—\n\t(a)\tis not bound by the rules of evidence but may inform itself as it thinks fit; and\n\t(b)\tmust act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.\n\t(3)\tThe Court must, on an appeal, give due weight to the decision being appealed against and the reasons for it and not depart from the decision except for cogent reasons.\n42F—Decision on appeal\nThe Court may, on an appeal—\n\t(a)\taffirm the decision appealed against;\n\t(b)\trescind the decision and substitute a decision that the Court considers appropriate;\n\t(c)\tremit matters to the original decision-maker for consideration or further consideration in accordance with any directions or recommendations of the Court.\n42G—Costs and ancillary orders etc on appeals\n\t(1)\tThe Court may, on an appeal, make any ancillary or consequential order that the Court considers appropriate.\n\t(2)\tHowever, no order for costs is to be made unless the Court considers such an order to be necessary in the interests of justice.\nSubdivision 3—Other proceedings\n42H—Costs and ancillary orders etc in other proceedings\n\t(1)\tThe Court may, in proceedings other than proceedings to which Subdivision 2 applies, make any ancillary or consequential order that the Court considers appropriate.\n\t(2)\tHowever, no order for costs is to be made unless the Court considers such an order to be necessary in the interests of justice.\nPart 7—Appeals and reservation of questions of law\n43—Right of appeal\n\t(1)\tA party to an action may, in accordance with the rules of the appellate court, appeal against any judgment given in the action.\n\t(2)\tThe appeal lies—\n\t(aa)\tin the case of a judgment given by a Judicial Registrar or the Court constituted of a Judicial Registrar—to the Court constituted of a Judge;\n\t(a)\tin the case of a judgment given by an Associate Judge or the Court constituted of an Associate Judge—to the Court constituted of a Judge;\n\t(b)\tin the case of an interlocutory judgment given by a Judge—to the Supreme Court constituted of a single Judge;\n\t(c)\tin any other case—to the Court of Appeal.\n\t(3)\tThe appeal lies as of right, or by permission, according to the rules of the appellate court but, in the case of an appeal against a final judgment of the Court in its Administrative and Disciplinary Division, permission is required to appeal on a question of fact.\n\t(4)\tA right of appeal conferred by this section extends to a legal practitioner, witness or other person against whom an order under section 42 is made.\n44—Reservation of questions of law\n\t(1)\tAn Associate Judge or Judicial Registrar may reserve a question of law arising in an action for determination by a Judge.\n\t(2)\tA Judge may reserve any question of law arising in an action for determination by the Court of Appeal.\n\t(3)\tWhere a question of law is reserved, the court to which the question is referred may determine the question and give any consequential orders or directions appropriate to the circumstances of the case.\n45—Non-application to criminal proceedings\nThis Part does not apply in respect of appeals and reservations of questions of law in criminal proceedings to which Part 6A of the Criminal Procedure Act 1921 is applicable.\nPart 8—Miscellaneous\n46—Immunities\n\t(1)\tA Judge, Associate Judge, Judicial Registrar or assessor has the same privileges and immunities from liability as a Judge of the Supreme Court.\n\t(2)\tA non-judicial officer of the Court incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions.\n48—Contempt of Court\n\t(1)\tThe Court has the same power to deal with contempts as the Supreme Court has in respect of contempts of the Supreme Court.\n\t(2)\tThis section extends not only to contempts committed in the face of the Court but also to acts and omissions that would, assuming the Court were the Supreme Court, amount to a contempt of that Court.\n49—Custody of litigant's funds and securities\n\t(1)\tThe Registrar is responsible for the proper custody of money paid into the Court and securities delivered to the Court in connection with proceedings in the Court.\n\t(2)\tThe Treasurer guarantees the safe keeping of any such money or security from the time it comes into the Court's custody until it lawfully ceases to be in that custody.\n\t(3)\tAny liability arising under the guarantee will be satisfied from the General Revenue of the State (which is appropriated to the necessary extent).\n\t(4)\tMoney paid into the Court may be invested in a manner authorised by the rules and any interest or accretions arising from the investment will be dealt with as prescribed by the rules.\n\t(5)\tAny money in the Court's custody that has remained unclaimed for six years or more may be dealt with under the Unclaimed Moneys Act 1891.\n50—Miscellaneous provisions relating to legal process\n\t(1)\tAny process of the Court may be issued, served or executed on a Sunday as well as any other day.\n\t(2)\tThe validity of process is not affected by the fact that the person who issued it dies or ceases to hold office.\n50A—Service\n\t(1)\tIf it is not practicable to serve any process, notice or other document relating to civil or criminal proceedings in the manner otherwise prescribed or contemplated by law, the Court may, by order—\n\t(a)\tprovide for service by post; or\n\t(b)\tmake any other provision that may be necessary or desirable for service.\n\t(2)\tAny process, notice or other document served in accordance with an order under subsection (1) will, despite any other law, be taken to have been duly served.\n50B—Certain trials of sexual offences to be given priority\n\t(1)\tThe Court will give the necessary directions to ensure that a trial of a sexual offence where the alleged victim of the offence is a person to whom this section applies is given priority over any less urgent criminal trial and is dealt with as expeditiously as the proper administration of justice allows.\n\t(2)\tIn this section—\nperson to whom this section applies means—\n\t(a)\ta child; or\n\t(b)\ta person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions;\nsexual offence means—\n\t(a)\trape; or\n\t(b)\tindecent assault; or\n\t(c)\tany offence involving unlawful sexual intercourse or an act of gross indecency; or\n\t(d)\tincest; or\n\t(e)\tany offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest; or\n\t(ea)\tan offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or\n\t(f)\tany attempt to commit, or assault with intent to commit, any of the offences referred to in a preceding paragraph.\n50C—Death or incapacity of Judge during trial\nIf, during the course of a civil or criminal trial, the presiding Judge dies or is incapacitated—\n\t(a)\tif reasons for judgment in final form were prepared by the presiding Judge—another Judge appointed by the Chief Judge may publish the reasons and grant judgment in accordance with them; or\n\t(b)\tin any other case—another Judge appointed by the Chief Judge may complete the hearing and determination of the proceeding and—\n\t(i)\trehear evidence and submissions to the extent that the Judge thinks fit; and\n\t(ii)\tmake orders as appropriate.\n51—Rules of Court\n\t(1)\tRules of the Court may be made—\n\t(a)\tregulating the business of the Court and the duties of the various officers of the Court; and\n\t(b)\tauthorising the Associate Judges or Judicial Registrars to exercise any part of the jurisdiction of the Court; and\n\t(ba)\tregulating the making of bail applications, including limiting the making of bail applications to the Court in circumstances where the application may be made to another court; and\n\t(c)\tregulating the practice and procedure of the Court (including in its appellate jurisdiction); and\n\t(ca)\timposing mutual obligations on parties to proceedings in the Court to disclose to each other the contents of expert reports or other material of relevance to the proceedings before the proceedings are brought to trial; and\n\t(cb)\tregulating the referral of an action or issues arising in an action to mediation or arbitration, the conduct of mediations or arbitrations or the referral of questions for investigation and report by an expert; and\n\t(d)\tregulating the form in which evidence may be taken; and\n\t(da)\tempowering the Court—\n\t(i)\tto order the carrying out of a biological or other scientific test that may be relevant to the determination of a question before the Court; and\n\t(ii)\tto include in such an order directions about the carrying out of the test and, in particular, directions requiring a person (including a party to the proceedings) to submit to the test or to have a child or other person who is not of full legal capacity submit to the test; and\n\t(iii)\tif a party is required to submit to the test, or to have another submit to the test—to include in the order a stipulation that, if the party fails to comply with the order, the question to which the test is relevant will be resolved adversely to the party; and\n\t(e)\tgiving law clerks limited rights of appearance before the Court; and\n\t(f)\tregulating costs; and\n\t(g)\tdealing with any other matter necessary or expedient for the effective and efficient operation of the Court.\n\t(2)\tRules of the Court may be made by the Chief Judge and any two or more other Judges.\n\t(3)\tThe rules take effect as from the date of publication in the Gazette or a later date specified in the rules.\n53—Court fees\n\t(1)\tThe Governor may, by regulation, prescribe and provide for the payment of fees in relation to proceedings in the Court, or any step in such proceedings.\n\t(1a)\tWithout limiting the generality of subsection (1), the regulations may provide for all or any of the following matters:\n\t(a)\tspecific fees;\n\t(b)\tmaximum fees;\n\t(c)\tminimum fees;\n\t(d)\tfees that vary according to value, time, class of matter, or on any other basis;\n\t(e)\tfees that differ for different classes of proceedings, different classes of party or different jurisdictions of the Court;\n\t(f)\tthe manner of payment of fees;\n\t(g)\tthe time or times at which fees are to be paid,\nand it is not necessary for a fee to be related to the actual administrative cost incurred.\n\t(1b)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\tprovide in a specified case or class of case for the exemption of any proceeding, person or thing, or a class of proceeding, person or thing, from any of the provisions of the regulations, whether—\n\t(i)\tunconditionally or on specified conditions; and\n\t(ii)\teither wholly or to such an extent as is specified; and\n\t(d)\tprovide for the payment in advance of a fee or part of a fee prescribed under the regulations; and\n\t(e)\tprovide for the reduction, waiver, postponement, remission or refund, in whole or in part, of a fee prescribed under the regulations; and\n\t(f)\tprovide, in specified circumstances, for the reinstatement or payment, in whole or in part, of a fee prescribed under the regulations which was reduced, waived, postponed, remitted or refunded under the regulations; and\n\t(g)\tconfer a discretionary authority or impose a duty on the Court, a member of the Court's judiciary or the Registrar of the Court.\n\t(2)\tThe Court may remit or reduce a fee on account of the poverty of the party by whom the fee is payable or for any other proper reason.\n54—Accessibility to Court records\n\t(1)\tSubject to this section, the Court must, on application by any member of the public, allow the applicant to inspect or obtain a copy of—\n\t(aa)\tany process relating to proceedings and forming part of the Court's records;\n\t(a)\ta transcript of evidence taken by the Court in any proceedings;\n\t(b)\tany documentary material admitted into evidence in any proceedings;\n\t(c)\ta transcript of submissions by counsel;\n\t(d)\ta transcript of the judge's summing up or directions to the jury, in a trial by jury;\n\t(e)\ta transcript of reasons for judgment (including remarks made by the Court on passing sentence);\n\t(f)\ta judgment or order given or made by the Court.\n\t(2)\tA member of the public may inspect or obtain a copy of the following material only with the permission of the Court:\n\t(a)\tmaterial that was not taken or received in open court;\n\t(b)\tmaterial that the Court has suppressed from publication;\n\t(ba)\tsensitive material in the custody of the Court;\n\t(c)\tmaterial placed before the Court during sentencing proceedings;\n\t(d)\tdocumentary material filed in connection with committal proceedings;\n\t(e)\ta transcript of any oral evidence taken at committal proceedings;\n\t(f)\ta photograph, slide, film, video tape, audio tape or other form of recording from which a visual image or sound can be produced;\n\t(fa)\ta report prepared to assist the Court in determining a person's eligibility for, or progress in, an intervention program (within the meaning of the Bail Act 1985 or the Sentencing Act 2017 or the Intervention Orders (Prevention of Abuse) Act 2009);\n\t(g)\tmaterial of a class prescribed by the regulations.\n\t(3)\tThe Court may permit inspection or copying of material referred to in subsection (2) subject to any of the following conditions:\n\t(a)\ta condition that material that is sensitive material will be available for examination under the supervision of the Court at a place specified in the notice and at a time to be arranged;\n\t(b)\ta condition limiting the publication or use of the material;\n\t(c)\tany other condition that the Court considers appropriate.\n\t(4)\tA decision by the Court on an application under this section is administrative and is final and not subject to any form of review.\n\t(4a)\tDespite the preceding subsections, if 100 years have passed since the end of the calendar year in which material referred to in this section became part of the Court's records—\n\t(a)\tin the case of records that have been delivered into the custody of State Records—section 26 of the State Records Act 1997 applies (to the exclusion of this section) to the giving of access to the records; and\n\t(b)\tin any other case—a member of the public may, without any requirement to seek permission of the Court, be given access to the records.\n\t(5)\tThe Court may charge a fee, fixed by regulation, for inspection or copying of material under this section.\n\t(6)\tIn this section—\nsensitive material—see section 67H of the Evidence Act 1929.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1991\n70\n District Court Act 1991\n12.12.1991\n6.7.1992 (Gazette 2.7.1992 p209)\n1993\n62\n Statutes Amendment (Courts) Act 1993\n27.5.1993\nss 7—9—1.7.1993 (Gazette 24.6.1993 p2047); s 6—28.10.1993 (Gazette 27.10.1993 p1892)\n1994\n43\n Statutes Amendment (Courts) Act 1994\n2.6.1994\n9.6.1994 (Gazette 9.6.1994 p1669)\n1994\n90\n Land Agents Act 1994\n15.12.1994\n1.6.1995 (Gazette 25.5.1995 p2198)\n1995\n65\n Statutes Amendment (Recording of Interviews) Act 1995\n10.8.1995\nSch (cl 3)—21.12.1995 (Gazette 21.12.1995 p1760)\n1995\n84\n Statutes Amendment (Courts) Act 1995\n30.11.1995\n21.12.1995 (Gazette 21.12.1995 p1759)\n1995\n85\n Statutes Amendment (Courts Administration Staff) Act 1995\n30.11.1995\n14.12.1995 (Gazette 14.12.1995 p1641)\n1995\n87\n Building Work Contractors Act 1995\n7.12.1995\n1.6.1996 (Gazette 23.5.1996 p2536)\n1996\n46\n Statutes Amendment (Mediation, Arbitration and Referral) Act 1996\n27.6.1996\n30.9.1996 (Gazette 29.8.1996 p808)\n1999\n42\n Statutes Amendment and Repeal (Justice Portfolio) Act 1999\n5.8.1999\nPt 8 (ss 46—48)—3.10.1999 (Gazette 23.9.1999 p1208)\n2000\n4\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\n1.6.2000 (Gazette 18.5.2000 p2554)\n2001\n58\n Victims of Crime Act 2001\n15.11.2001\nSch 2 (cl 4)—1.1.2003 (Gazette 19.12.2002 p4736)\n2001\n69\n Statutes Amendment (Courts and Judicial Administration) Act 2001\n6.12.2001\nPt 6 (ss 12 & 13)—3.2.2002 (Gazette 24.1.2002 p346)\n2002\n16\n Statutes Amendment (Structured Settlements) Act 2002\n5.9.2002\nPt 2 (s 4)—1.12.2002 (Gazette 7.11.2002 p4043)\n2005\n49\n Statutes Amendment (Intervention Programs and Sentencing Procedures) Act 2005\n27.10.2005\nPt 4 (s 12)—19.12.2005 (Gazette 15.12.2005 p4326)\n2006\n17\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 3 (ss 16 & 17)—4.9.2006 (Gazette 17.8.2006 p2831)\n2008\n7\n Statutes Amendment (Evidence and Procedure) Act 2008\n17.4.2008\nPt 3 (ss 8 & 9)—23.11.2008 (Gazette 20.11.2008 p5171)\n2009\n85\n Intervention Orders (Prevention of Abuse) Act 2009\n10.12.2009\nSch 1 (cl 13)—9.12.2011 (Gazette 20.10.2011 p4269)\n2012\n17\n Statutes Amendment (Attorney-General's Portfolio) Act 2012\n24.5.2012\nPt 5 (ss 14 & 15)—5.8.2012 (Gazette 2.8.2012 p3302)\n2013\n11\n Statutes Amendment (Attorney-General's Portfolio) Act 2013\n18.4.2013\nPt 5 (ss 8—12)—18.4.2013 (Gazette 18.4.2013 p1155); s 13—9.6.2013 (Gazette 6.6.2013 p2498)\n2013\n47\n Statutes Amendment (Attorney-General's Portfolio No 2) Act 2013\n24.10.2013\nPt 4 (s 6)—17.5.2014 (Gazette 8.5.2014 p1630)\n2015\n16\n Statutes Amendment (Vulnerable Witnesses) Act 2015\n6.8.2015\nPt 2 (s 4)—1.7.2016 (Gazette 23.6.2016 p2618)\n2015\n34\n Judicial Conduct Commissioner Act 2015\n5.11.2015\nSch 1 (cl 4)—5.12.2016 (Gazette 29.11.2016 p4525)\n2017\n10\n Statutes Amendment (Judicial Registrars) Act 2017\n11.4.2017\nPt 2 (ss 4—18)—23.5.2017 (Gazette 23.5.2017 p1725)\n2017\n18\n Summary Procedure (Indictable Offences) Amendment Act 2017\n14.6.2017\nSch 2 (cll 17, 18 & 41)—5.3.2018 (Gazette 12.12.2017 p4961)\n2017\n50\n Statutes Amendment (Court Fees) Act 2017\n28.11.2017\nPt 2 (s 4)—5.3.2018 (Gazette 23.1.2018 p282)\n2017\n53\n Statutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 10 (s 18)—30.4.2018 (Gazette 6.2.2018 p612)\n2019\n21\n Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019\n19.9.2019\nPt 5 (s 11)—19.9.2019: s 2(1)\n2019\n45\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cll 39 & 40)—1.1.2021 (Gazette 10.12.2020 p5638)\n2020\n15\n Statutes Amendment (Bail Authorities) Act 2020\n11.6.2020\nPt 3 (s 10)—1.1.2021 (Gazette 17.12.2020 p5744)\n2024\n23\n Statutes Amendment (Attorney-General's Portfolio) Act 2024\n27.6.2024\nPt 3 (ss 4 to 19)—26.8.2024 (Gazette 22.8.2024 p2871)\n2025\n9\n Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2025 \n12.3.2025\nPt 5 (s 10)—26.5.2025 (Gazette 22.5.2025 p1243)\n2025\n55\nStatutes Amendment (Attorney-General's Portfolio) Act 2025\n20.11.2025\nPt 3 (s 5)—20.11.2025: s 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n19.12.2005\ns 3\n\n\ns 3(1)\n\n\nAssociate Judge\ninserted by 23/2024 s 4(1)\n26.8.2024\njudicial office\namended by 10/2017 s 4(1)\n23.5.2017\n\namended by 23/2024 s 4(2)\n26.8.2024\nJudicial Registrar\ninserted by 10/2017 s 4(2)\n23.5.2017\nRegistrar\ninserted by 10/2017 s 4(3)\n23.5.2017\ns 3(2)\ndeleted by 90/1994 Sch 3 cl (1)(a)\n1.6.1995\n\ninserted by 23/2024 s 4(3)\n26.8.2024\nPt 2\n\n\ns 7\namended by 90/1994 Sch 3 cl (1)(b)\n1.6.1995\ns 8\n\n\ns 8(2)\namended by 58/2001 Sch 2 cl 4\n1.1.2003\ns 8(3)\nsubstituted by 90/1994 Sch 3 cl (1)(c)\n1.6.1995\ns 8(5) and (6)\ninserted by 4/2000 s 3\n1.6.2000\nPt 3\n\n\nPt 3 Div 1\n\n\ns 10\n\n\ns 10(1)\namended by 10/2017 s 5\n23.5.2017\n\namended by 23/2024 s 5(1)\n26.8.2024\ns 10(2)\namended by 23/2024 s 5(2)\n26.8.2024\ns 11\n\n\ns 11(3)\ndeleted by 11/2013 s 8\n18.4.2013\ns 11AA\ninserted by 11/2013 s 9\n18.4.2013\nPt 3 Div 2\n\n\nPt 3 Div 2 Subdiv 1\n\n\nheading\ninserted by 10/2017 s 6\n23.5.2017\ns 11A\ninserted by 11/2013 s 10\n18.4.2013\nPt 3 Div 2 Subdiv 2\n\n\nheading\ninserted by 10/2017 s 7\n23.5.2017\n\namended by 23/2024 s 6\n26.8.2024\ns 12\n\n\nheading\namended by 23/2024 s 7(1)\n26.8.2024\ns 12(1)\namended by 11/2013 s 11(1)\n18.4.2013\n\namended by 10/2017 s 8(1)\n23.5.2017\ns 12(2)\n(a) deleted by 11/2013 s 11(2)\n18.4.2013\n\namended by 10/2017 s 8(2)\n23.5.2017\n\namended by 23/2024 s 7(2)\n26.8.2024\ns 12(3)\namended by 10/2017 s 8(3)\n23.5.2017\ns 12(4)\namended by 11/2013 s 11(3)\n18.4.2013\nPt 3 Div 2 Subdiv 3\n\n\nheading\ninserted by 10/2017 s 9\n23.5.2017\n\namended by 23/2024 s 8\n26.8.2024\ns 13\n\n\ns 13(1)\namended by 42/1999 s 46(a)\n3.10.1999\n\namended by 11/2013 s 12\n18.4.2013\n\namended by 10/2017 s 10\n23.5.2017\ns 13(3)\ndeleted by 42/1999 s 46(b)\n3.10.1999\ns 14\n\n\ns 14(2)\namended by 23/2024 s 9\n26.8.2024\ns 14A\ninserted by 43/1994 s 13\n9.6.1994\ns 15\n\n\nheading\namended by 23/2024 s 10(1)\n26.8.2024\ns 15(2)\nsubstituted by 34/2015 Sch 1 cl 4\n5.12.2016\n\namended by 23/2024 s 10(2)\n26.8.2024\ns 16\n\n\nheading\namended by 55/2025 s 5(1)\n20.11.2025\ns 16(2)\namended by 17/2012 s 14\n5.8.2012\n\namended by 23/2024 s 11\n26.8.2024\ns 16(3)\namended by 55/2025 s 5(2), (3)\n20.11.2025\nPt 3 Div 2 Subdiv 4\ninserted by 10/2017 s 11\n23.5.2017\nPt 3 Div 3\n\n\ns 17\n\n\ns 17(2)\namended by 85/1995 s 10\n14.12.1995\ns 18\n\n\ns 18(3)\ninserted by 84/1995 s 4\n21.12.1995\nPt 4\n\n\ns 20\n\n\ns 20(1)\namended by 10/2017 s 12(1)\n23.5.2017\n\namended by 23/2024 s 12(1), (2)\n26.8.2024\ns 20(3)\namended by 90/1994 Sch 3 cl (1)(d)\n1.6.1995\n\ndeleted by 4/2000 s 4(a)\n1.6.2000\ns 20(4)\namended by 90/1994 Sch 3 cl (1)(d)\n1.6.1995\n\namended by 87/1995 Sch 4 cl 1\n1.6.1996\n\namended by 4/2000 s 4(b)—(d)\n1.6.2000\ns 20(6)\namended by 10/2017 s 12(2)\n23.5.2017\n\namended by 23/2024 s 12(2)\n26.8.2024\ns 24\n\n\ns 24(1)\namended by 43/1994 s 14(a)\n9.6.1994\n\namended by 23/2024 s 13(1)\n26.8.2024\ns 24(2)\namended by 43/1994 s 14(b)\n9.6.1994\n\namended by 23/2024 s 13(2)\n26.8.2024\nPt 5\n\n\ns 29\namended by 10/2017 s 13\n23.5.2017\n\namended by 23/2024 s 14\n26.8.2024\nPt 6\n\n\nPt 6 Div 1\nheading inserted by 4/2000 s 5\n1.6.2000\ns 32\n\n\ns 32(1)\nsubstituted by 46/1996 s 4(a)\n30.9.1996\n\namended by 17/2012 s 15\n5.8.2012\n\namended by 10/2017 s 14(1)\n23.5.2017\n\namended by 23/2024 s 15\n26.8.2024\ns 32(2a)\ninserted by 46/1996 s 4(b)\n30.9.1996\ns 32(2b)\ninserted by 46/1996 s 4(b)\n30.9.1996\ns 32(2c)\ninserted by 46/1996 s 4(b)\n30.9.1996\n\namended by 10/2017 s 14(2)\n23.5.2017\n\namended by 23/2024 s 15\n26.8.2024\ns 32(3)\namended by 46/1996 s 4(c)\n30.9.1996\ns 32(4)\ndeleted by 46/1996 s 4(d)\n30.9.1996\ns 34\n\n\ns 34(1)\namended by 46/1996 s 5\n30.9.1996\ns 38A\ninserted by 16/2002 s 4\n1.12.2002\ns 39\n\n\ns 39(2)\nsubstituted by 62/1993 s 6\n28.10.1993\ns 40\n\n\ns 40(2)\namended by 47/2013 s 6\n17.5.2014\ns 42\n\n\ns 42(1)\namended by 42/1999 s 47(a)\n3.10.1999\n\namended by 4/2000 s 6\n1.6.2000\ns 42(3)\namended by 42/1999 s 47(b)\n3.10.1999\nPt 6 Div 2\ninserted by 4/2000 s 7\n1.6.2000\nPt 7\n\n\ns 43\n\n\ns 43(2)\namended by 43/1994 s 15\n9.6.1994\n\namended by 10/2017 s 15\n23.5.2017\n\namended by 45/2019 Sch 1 cl 39\n1.1.2021\n\namended by 23/2024 s 16\n26.8.2024\ns 43(3)\namended by 90/1994 Sch 3 cl (1)(e)\n1.6.1995\n\nsubstituted by 17/2006 s 16\n4.9.2006\ns 43(4)\namended by 42/1999 s 48\n3.10.1999\ns 44\n\n\ns 44(1)\namended by 10/2017 s 16\n23.5.2017\n\namended by 23/2024 s 17\n26.8.2024\ns 44(2)\namended by 45/2019 Sch 1 cl 40\n1.1.2021\ns 45\namended by 18/2017 Sch 2 cl 17\n5.3.2018\nPt 8\n\n\ns 46\n\n\ns 46(1)\namended by 10/2017 s 17\n23.5.2017\n\namended by 21/2019 s 11\n19.9.2019\n\namended by 23/2024 s 18\n26.8.2024\ns 47\ndeleted by 69/2001 s 12\n3.2.2002\ns 48\nsubstituted by 69/2001 s 13\n3.2.2002\ns 50\n\n\ns 50(1)\namended by 84/1995 s 5\n21.12.1995\ns 50A\ninserted by 62/1993 s 7\n1.7.1993\ns 50A(1)\namended by 84/1995 s 6\n21.12.1995\ns 50B\ninserted by 7/2008 s 8\n23.11.2008\ns 50B(1)\namended by 16/2015 s 4(1)\n1.7.2016\ns 50B(2)\n\n\nperson to whom this section applies\ninserted by 16/2015 s 4(2)\n1.7.2016\nsexual offence\namended by 16/2015 s 4(3)\n1.7.2016\ns 50C\ninserted by 9/2025 s 10\n26.5.2025\ns 51\n\n\ns 51(1)\namended by 62/1993 s 8\n1.7.1993\n\namended by 46/1996 s 6\n30.9.1996\n\namended by 17/2006 s 17\n4.9.2006\n\namended by 10/2017 s 18(1), (2)\n23.5.2017\n\namended by 15/2020 s 10\n1.1.2021\n\namended by 23/2024 s 19\n26.8.2024\ns 52\namended by 90/1994 Sch 3 cl (1)(f), (g)\n1.6.1995\n\ndeleted by 4/2000 s 8\n1.6.2000\ns 53\n\n\ns 53(1)\namended by 50/2017 s 4(1)\n5.3.2018\ns 53(1a) and (1b)\ninserted by 50/2017 s 4(2)\n5.3.2018\ns 54\n\n\ns 54(1)\namended by 62/1993 s 9\n1.7.1993\n\namended by 84/1995 s 7(a)\n21.12.1995\ns 54(2)\nsubstituted by 84/1995 s 7(b)\n21.12.1995\n\namended by 49/2005 s 12\n19.12.2005\n\namended by 7/2008 s 9(1)\n23.11.2008\n\namended by 85/2009 Sch 1 cl 13\n9.12.2011\n\namended by 11/2013 s 13(1)\n9.6.2013\n\namended by 18/2017 Sch 2 cl 18\n5.3.2018\n\namended by 53/2017 s 18\n30.4.2018\ns 54(3)\namended by 65/1995 Sch cl 3(a)\n21.12.1995\n\nsubstituted by 84/1995 s 7(b)\n21.12.1995\n\nsubstituted by 7/2008 s 9(2)\n23.11.2008\ns 54(4)\ninserted by 65/1995 Sch cl 3(b)\n21.12.1995\n\nsubstituted by 84/1995 s 7(b)\n21.12.1995\ns 54(4a)\ninserted by 11/2013 s 13(2)\n9.6.2013\ns 54(5)\ninserted by 65/1995 Sch cl 3(b)\n21.12.1995\n\nsubstituted by 84/1995 s 7(b)\n21.12.1995\ns 54(6)\ninserted by 7/2008 s 9(3)\n23.11.2008\nTransitional etc provisions associated with Act or amendments\nStatutes Repeal and Amendment (Courts) Act 1991\n19—Transitional provisions—District Courts\n\t(1)\tOn the commencement of the District Court Act 1991—\n\t(a)\tthe Senior District Judge becomes Chief Judge of the Court;\n\t(b)\tthe Judges and Masters holding office under the repealed Local and District Criminal Courts Act 1926 become Judges and Masters of the Court;\n\t(c)\tthe Registrar and non-judicial staff of local courts of full jurisdiction and district criminal courts are transferred to corresponding positions on the staff of the District Court.\n\t(2)\tAny proceedings commenced before a local court of full jurisdiction or a district criminal court may be continued and completed before the District Court.\n23—Interpretation of Acts and instruments\nThe following provisions apply to the interpretation of Acts and instruments (whether of a legislative character or not):\n\t(a)\ta reference to a District Court, a District Criminal Court or a Local Court of Full Jurisdiction will be construed as a reference to the District Court;\n\t(b)\ta reference to a court of summary jurisdiction or a local court of limited or special jurisdiction will be construed as a reference to the Magistrates Court;\n\t(c)\ta reference to an officer of a District Court, a District Criminal Court or a Local Court of Full Jurisdiction will be construed as a reference to an officer with corresponding functions and responsibilities in relation to the District Court;\n\t(d)\ta reference to an officer of a court of summary jurisdiction or a local court of limited or special jurisdiction will be construed as a reference to an officer with corresponding functions and responsibilities in relation to the Magistrates Court.\nLand Agents Act 1994, Sch 3—Amendment of District Court Act 1991\n(2)\tA reference in any Act or instrument to the Administrative Appeals Court or to the Administrative Appeals Division of the District Court, is so far as the context permits, to be taken to be a reference to the Administrative and Disciplinary Division of the District Court.\nStatutes Amendment (Courts Administration Staff) Act 1995\n20—Transitional provision\n\t(1)\tAn appointment to a non-judicial office or position made or purportedly made before the commencement of this Act in accordance with an Act that is amended by this Act will be taken to have been duly made under the statutory provisions that, as amended by this Act, provide for the making of such an appointment as if this Act had been enacted and in force at the relevant time.\nSummary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14\n41—Transitional provision\nThe amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).\nHistorical versions\nReprint No 1—1.7.1993\n\nReprint No 2—28.10.1993\n\nReprint No 3—9.6.1994\n\nReprint No 4—1.6.1995\n\nReprint No 5—21.12.1995\n\nReprint No 6—1.6.1996\n\nReprint No 7—30.6.1996\n\nReprint No 8—3.10.1999\n\nReprint No 9—1.6.2000\n\nReprint No 10—3.2.2002\n\nReprint No 11—1.12.2002\n\nReprint No 12—1.1.2003\n\n19.12.2005\n\n4.9.2006\n\n23.11.2008\n\n9.12.2011\n\n5.8.2012\n\n18.4.2013\n\n9.6.2013\n\n17.5.2014\n\n1.7.2016\n\n5.12.2016\n\n23.5.2017\n\n5.3.2018\n\n30.4.2018\n\n19.9.2019\n\n1.1.2021\n\n26.8.2024\n\n26.5.2025\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1991 Act consolidated earlier local and district criminal courts into a single superior court of record with defined civil and criminal jurisdiction. Subsequent amendments have substantially broadened its scope by inserting the Administrative and Disciplinary Division (2000), creating a dedicated appellate function for administrative decisions, introducing Judicial Registrars with delegated sentencing powers (2017), expanding alternative dispute resolution mechanisms, updating appeal routes to the new Court of Appeal, adding priority rules for sexual offence trials, and inserting procedural responses to judicial incapacity mid-trial. These changes have transformed the Court from a primarily trial-level body into a hybrid trial-and-review jurisdiction exercising functions well beyond its 1991 conception."},"complexity_factors":["Layered court structure with four distinct Divisions and overlapping jurisdiction between Judges, Associate Judges and Judicial Registrars (ss 7, 8, 9, 20)","Detailed, subdivided provisions on judicial appointments, remuneration, leave, removal and retirement that cross-reference the Supreme Court, Magistrates and the Judges' Pensions Act 1971 (Part 3, ss 11A–16C)","Extensive evidentiary and procedural powers qualified by numerous exceptions and conditions (Part 5 and Division 1 of Part 6)","Administrative appeals regime in Part 6 Division 2 that imports concepts from a 'special Act' and applies non-technical 'equity and good conscience' standards (ss 42B–42H)","Frequent cross-references to at least a dozen other statutes including the Victims of Crime Act 2001, Criminal Procedure Act 1921, Evidence Act 1929 and Supreme Court Act","Legislative history showing repeated amendments that have altered appeal pathways, added Judicial Registrars and modified costs rules"],"plain_english_summary":"**The District Court Act 1991 creates and governs South Australia's main intermediate court.**\n\nIt sets up a single District Court with four divisions (Civil, Criminal, Criminal Injuries, and Administrative and Disciplinary). The Court hears most serious criminal cases (everything except treason and murder), civil claims that would otherwise go to the Supreme Court (but not probate or admiralty matters), victim-of-crime compensation claims, and appeals from government decisions where another law gives it power.\n\nThe Act explains who can be a judge, how they are appointed and removed, what powers the Court has to summon witnesses, freeze assets, order mediation, award interest on debts, and run trials. It also sets rules for appeals from its decisions, how the public can access court records, and special procedures for sexual offence trials involving children or people with disabilities.\n\nIt matters because it gives ordinary South Australians a practical court for medium-to-large disputes and criminal matters that is less formal and quicker than the Supreme Court but more powerful than the Magistrates Court. The law aims to deliver fair, efficient justice while protecting vulnerable participants and encouraging out-of-court settlements."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative text was retrievable from the provided source. The page returned a 404-style error due to a website migration on 24 March 2026."},"complexity_factors":["No legislative text was provided — only a website error page was returned","Unable to assess any legal complexity as there is no substantive content to analyse","The complexity score of 1 reflects the absence of content, not the simplicity of the underlying Act"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe link provided for the *District Court Act 1991* (South Australia) did not return the actual text of the legislation — instead, it returned a **'Page Not Found'** error from the South Australian legislation website.\n\nThis appears to have happened because the SA legislation website was updated on **24 March 2026**, and older bookmarks or hyperlinks to specific legislation pages may no longer work.\n\n**What this means for you:**\n- No analysis of the *District Court Act 1991* can be provided from this content.\n- If you need to read or research this Act, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for 'District Court Act 1991'.\n- Alternatively, contact the Office of Parliamentary Counsel at **OPCWeb@sa.gov.au** to report the broken link."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s core purpose—establishing the District Court and defining its jurisdiction—remains, but its scope has been expanded and clarified by multiple amendments. Notable scope changes include the statutory recognition and detailed provisions for Judicial Registrars (ss 16A–16C; inserted 2017), creation and procedure for an Administrative and Disciplinary Division with appellate procedure (ss 42A–42H; Pt 6 Div 2 inserted 2000), expanded rule‑making powers (s 51, including new powers such as ordering biological tests (s 51(1)(da))), and explicit regulation-making detail on court fees (s 53(1a)–(1b)). Procedural additions and priority rules (for certain sexual‑offence trials, s 50B) and a post‑2024 insertion addressing the death or incapacity of a presiding Judge during trial (s 50C; inserted 2025) further modify the Court’s operational scope. These amendments shift practical responsibility toward delegated rule‑making and create additional statutory offices and procedures since the original enactment."},"complexity_factors":["Comprehensive jurisdictional mapping between civil (broad law and equity powers) and criminal jurisdictions, with explicit exceptions (s 8(1)–(2); s 9)","Multiple layers of judicial office (Judges, Associate Judges, Judicial Registrars) with different appointment, tenure and removal regimes (ss 10–16C)","Significant delegation to secondary instruments: Court rules and Governor-made regulations determine many operational details including fees, procedure and delegated powers (ss 51; 53)","Wide procedural and evidentiary powers (summonses, warrants, entry/inspection, compulsory tests) that interact with contempt and enforcement powers (ss 25–29; s 51(1)(da); ss 26, 48)","Appeals and reservation mechanisms that vary by the level of original decision-maker, requiring cross-references to rules and other Acts (ss 43–45)","Frequent amendments and inserted provisions over time (legislative history) that change scope and create transitional rules (Legislative history; transitional provisions)"],"plain_english_summary":"# What this law does\n\n- Establishes the District Court of South Australia as a permanent court and sets out how it is organised, who sits in it, what cases it hears, and what powers it has (Long title; ss 4–7).\n\n# Who it affects\n\n- Litigants and parties in civil and criminal cases whose matters fall within the Court's jurisdiction (ss 8–9).\n- Judges, Associate Judges (who are also Magistrates), Judicial Registrars and court administrative staff (ss 10–11AA; ss 16A–16C; ss 17–19).\n- Legal practitioners, witnesses and other persons who appear before the Court (definitions and costs provisions: s 3; ss 42, 43).\n- The State’s executive (Governor, Attorney‑General, Treasurer) in relation to appointments, guarantees and fees (ss 11A; 12; 49; 53).\n\n# Why it matters (mechanics, not politics)\n\n- The Act gives the District Court broad civil jurisdiction equivalent to the Supreme Court at first instance except for probate, admiralty and supervisory/prerogative writ jurisdiction (s 8(1)(a)–(b)).\n- It defines the Court's criminal jurisdiction (cannot try treason or murder; otherwise has power to try, convict and sentence for indictable offences within its statutory remit) and sets limits on summary offence jurisdiction (s 9).\n- It sets out how the Court is constituted for hearings (Judge, Associate Judge, Judicial Registrar, jury where required) and the ability to sit at any time or place (ss 20–21).\n- It provides procedural and evidentiary powers: summonses, warrants, compelling evidence, entry and inspection of property, production of detained persons (ss 25–29).\n- It gives the Court a range of civil case tools: interim injunctions, restraining orders, mediation, arbitration, expert reports, alternative remedies, declaratory judgments, interim awards of damages and structured settlement orders (ss 30–38A).\n- It establishes appeal routes and reservation of legal questions, and the appellate destinations depending on the judicial officer who gave the original decision (s 43–44).\n- The Act empowers the Court to make rules governing practice and procedure, to impose court fees by regulation, and to regulate access to court records (ss 51; 53; 54).\n\n# Official purpose-claims (as stated in the Act) and a practical test\n\n- The Act’s stated purpose is to establish the Court and define its jurisdiction and powers (Long title; s 4). That purpose is implemented by specifying: structure and divisions (s 7), jurisdictional boundaries (ss 8–9), judicial composition and appointment/retirement/removal rules (ss 11A; 12; 15–16), and powers for case management and evidence (Parts 4–6).\n\nPractical implications and trade-offs (source-cited):\n\n- Who pays\n  - The State guarantees custody of funds paid into the Court and any liability under that guarantee is satisfied from General Revenue (s 49(2)–(3)).\n  - Parties may be charged court fees set by regulation; the regulations may specify fees that vary by matter, party or jurisdiction and may provide for exemptions or waivers (s 53(1), (1a)–(1b); s 53(2) allows remittance for poverty).\n  - Costs may be ordered against parties or third persons; costs rules include limits where claims could have been brought in Magistrates Court (s 42(1)–(2)).\n\n- Who decides and where discretion sits\n  - Appointment and removal of many judicial officers involve the Governor, often on recommendation or concurrence of the Attorney‑General and Chief Judge (ss 11A; 12(1); 16A(1); 16B(1)–(3)).\n  - The Chief Judge has administrative authority: directs sittings (s 21(3)), may assign jurisdictional tasks to Associate Judges or Judicial Registrars (s 20(1); s 16C(1)), and the Chief Judge’s concurrence is required for particular appointments and dismissals (s 18(2); s 16B(3)).\n  - The Court (and the Chief Judge plus other Judges) make rules that can delegate powers, regulate procedure and impose obligations such as disclosure of expert material (s 51(1)–(3); s 51(1)(ca)).\n  - Regulations on fees can confer discretionary powers on the Court, a member of the judiciary or the Registrar (s 53(1b)(g)).\n\n- Compliance burden and procedural effects on private parties\n  - Parties face statutory processes for evidence (summonses, warrants) and contempt rules for non‑compliance (ss 25–26). Non‑compliance with restraining orders is contempt (s 31(3)).\n  - Rules may impose pre-trial disclosure obligations and mediation or arbitration referrals (s 51(1)(ca), (cb)). Those mechanisms change parties’ incentives to settle, produce documents, or prepare for alternative dispute resolution.\n  - Court fees and potential costs orders impose direct monetary costs on litigants; the Court may remit fees for poverty (s 53(2)).\n\n- Effects on private choice, markets and behaviour\n  - The Court’s ability to order alternative relief (damages instead of injunction, structured settlements) and interim awards changes the bargaining environment for settlements (ss 36; 38A).\n  - Rules enabling mediation, arbitration and expert referrals (ss 32–34; s 51(1)(cb)) provide institutional routes that may reduce trials and shift dispute resolution toward private or tribunal-like processes.\n\n- Concentrated protections and public cost consequences\n  - Judicial remuneration protections (a salary fixed by the Remuneration Tribunal cannot be reduced; s 13(1)–(2)) and non‑reduction protections for Judicial Registrars’ instrument-specified remuneration (s 16A(7)) create stable compensation for judicial officers; that stability has budgetary implications for government employers.\n  - The Treasurer’s guarantee of funds held by the Court places a direct fiscal liability on the State until funds lawfully leave custody (s 49(2)–(3)).\n\n- Implementation risk and administrative discretion\n  - Much procedural detail is deferred to rules and regulations made by the Court or Governor (ss 51; 53). That delegates significant implementation detail to the judiciary and executive, which increases reliance on secondary instruments for consistent application.\n  - The Court’s power to authorise biological or other scientific tests and to make non‑compliance have adverse evidentiary consequences rests in rules (s 51(1)(da)); exercise of those directions shifts evidentiary strategy and raises procedural compliance obligations.\n\n# Bottom-line summary\n\nThe Act creates and structures the District Court, sets its jurisdictions and courtroom powers, establishes appointment/retirement/removal rules for judicial officers, and delegates detailed procedural design to court rules and regulation. The primary effects are on litigants (procedure, costs, remedies), on judicial and court staff roles and protections (appointments, remuneration, duties), and on the State as guarantor of funds and regulator of fees. Key sources: ss 4, 7–9, 10–19, 20–29, 30–42A, 43–54 (see specific citations above)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/district-court-act-1991","history":"/api/acts/district-court-act-1991/history","analysis":"/api/acts/district-court-act-1991/analysis","conflicts":"/api/acts/district-court-act-1991/conflicts","importantCases":"/api/acts/district-court-act-1991/important-cases","documents":"/api/acts/district-court-act-1991/documents"}}