{"id":"district-court-jurisdiction-regulations-2022","name":"District Court (Jurisdiction) Regulations 2022","slug":"district-court-jurisdiction-regulations-2022","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174551,"registerId":"wa-district-court-jurisdiction-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"District Court (Jurisdiction) Regulations 2022","content":"![Crest]()Western Australia\n\nDistrict Court of Western Australia Act 1969\n\nDistrict Court (Jurisdiction) Regulations 2022\n\nWestern Australia\n\nDistrict Court (Jurisdiction) Regulations 2022\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Offences excluded from Court’s criminal jurisdiction 1\n\nNotes\n\nCompilation table 3\n\n  \n\nDistrict Court of Western Australia Act 1969\n\nDistrict Court (Jurisdiction) Regulations 2022\n\n##### 1. Citation\n\n\t\tThese regulations are the *District Court (Jurisdiction) Regulations 2022*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Offences excluded from Court’s criminal jurisdiction\n\n(1) For the purposes of section 42(2)(b) of the Act, the Court does not have jurisdiction to try an accused person charged with an indictable offence if —\n\n(a) the maximum term of imprisonment that can be imposed in respect of the offence is life imprisonment; and\n\n(b) the offence relates to 1 or more of the following matters —\n\n(i) homicide;\n\n(ii) genocide or crimes against humanity;\n\n(iii) armed conflict or occupation arising out of armed conflict;\n\n(iv) hostile activities outside Australia;\n\n(v) nuclear explosions;\n\n(vi) biological or chemical weapons;\n\n(vii) treason, treachery, assisting the enemy or mutiny;\n\n(viii) terrorism;\n\n(ix) kidnapping or taking hostages;\n\n(x) acts of piracy, seizure, detention, hijacking, violence, destruction, damage or interference, relating to aircraft, vessels, submarines or things attached to the seabed or relating to persons or things on them.\n\n(2) Subregulation (1) does not apply to a crime under *The Criminal Code* section 392, 393 or 444.\n\n![]()\n\nNotes\n\nThis is a compilation of the *District Court (Jurisdiction) Regulations 2022*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *District Court (Jurisdiction) Regulations 2022* | SL 2022/138 29 Jul 2022 | r. 1 and 2: 29 Jul 2022 (see r. 2(a));   Regulations other than r. 1 and 2: 30 Jul 2022 (see r. 2(b)) |\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: delineating the boundary between District Court and Supreme Court criminal jurisdiction in Western Australia. It has not expanded beyond this specific procedural function."},"complexity_factors":["Only 3 regulations total, with the substantive content contained in a single regulation (regulation 3)","Minimal cross-referencing: only references to the parent Act (District Court of Western Australia Act 1969, section 42(2)(b)) and three specific sections of The Criminal Code","Simple conditional structure: one exclusion rule with a single exception (subregulation 2)","No defined terms section; relies on external definitions from the Criminal Code and common understanding","Straightforward list format for excluded offence categories (paragraphs (a) and (b) with subparagraphs (i)-(x))","No delegated legislative powers, no sunset clauses, no complex machinery provisions"],"plain_english_summary":"This is a short piece of Western Australian law that sets limits on what criminal cases the District Court can hear.\n\n**What it does:**\nThe District Court is a mid-level court in WA that handles serious criminal cases (called 'indictable offences' — crimes serious enough to be tried before a judge and jury). However, this regulation says the District Court **cannot** try someone if they are charged with certain extremely serious crimes that carry a maximum sentence of life imprisonment.\n\n**The excluded crimes include:**\n- **Homicide** (murder and manslaughter)\n- **Genocide and crimes against humanity**\n- **War crimes** (armed conflict, occupation, hostile activities overseas)\n- **Nuclear explosions and biological/chemical weapons**\n- **Treason, treachery, assisting the enemy, or mutiny**\n- **Terrorism**\n- **Kidnapping and hostage-taking**\n- **Piracy, hijacking, and violence against aircraft, ships, or submarines**\n\n**The exception:**\nThe District Court **can** still hear three specific crimes from WA's Criminal Code (sections 392, 393, and 444) even if they technically fit the above categories. These sections typically cover serious assaults or violent offences that don't carry life imprisonment.\n\n**Who it affects:**\n- People accused of the most serious crimes in WA (they must be tried in the Supreme Court instead)\n- Prosecutors deciding which court to bring charges in\n- The District Court itself, which must transfer these cases upward\n\n**Why it matters:**\nThis ensures that the most serious offences — those that could result in life in prison — are heard by the Supreme Court (WA's highest trial court), not the District Court. It reflects the principle that the gravest crimes deserve the most senior judicial oversight."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the full text of the legislation was not accessible. No comparison between original intent and final form is possible from the available information."},"complexity_factors":["No legislative content was retrievable — the source page returned a 'no longer available' error","Analysis is based solely on the title and surrounding metadata, not actual legislative text","No provisions, definitions, schedules, or operative clauses were available for review"],"plain_english_summary":"These regulations—currently unavailable online—appear to set the jurisdictional rules for the Western Australian District Court, defining what kinds of civil and criminal matters that mid‑tier court can hear. They matter to litigants, lawyers and court administrators because they shape which disputes and offences fall within the District Court’s remit. To read the text, search “District Court (Jurisdiction) Regulations 2022” on the WA legislation website or contact the Parliamentary Counsel’s Office."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations narrow the District Court’s criminal trial scope by listing categories of indictable offences (punishable by life imprisonment) that the Court cannot try (reg 3(1)). They preserve District Court jurisdiction for offences under Criminal Code ss 392, 393 and 444 (reg 3(2)). The instrument therefore alters the range of matters allocated to higher courts by specifying exclusions under the Act's s 42(2)(b)."},"complexity_factors":["Cross‑reference to statutory authority: implements exclusions under District Court of Western Australia Act 1969 s 42(2)(b) (reg 3(1))","Eligibility rule uses penalty threshold (\"maximum term... is life imprisonment\") rather than named offences (reg 3(1)(a)) — requires checking penalty schedules","Scope described by relation to broad categories (\"relates to\" homicide, terrorism, armed conflict, etc.) (reg 3(1)(b)) — invites factual and legal interpretation about what \"relates to\" covers","Specific exception retaining jurisdiction for Criminal Code ss 392, 393 and 444 (reg 3(2)) — creates a carve‑out requiring cross‑checking with the Criminal Code","High‑stakes nature of excluded offences increases litigation and prosecutorial stakes when determining proper forum","Short instrument with immediate commencement schedule reduces lead time for procedural adjustment (regs 1–2)"],"plain_english_summary":"These regulations narrow the District Court of Western Australia’s criminal trial jurisdiction by excluding indictable offences that carry a maximum penalty of life imprisonment and that \"relate to\" listed matters (for example homicide, terrorism, piracy and war‑type crimes). It affects accused persons, prosecutors and court administrators by directing such high‑penalty, specified offences away from the District Court and into higher courts, but preserves jurisdiction for offences listed by Criminal Code ss 392, 393 and 444."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/district-court-jurisdiction-regulations-2022","history":"/api/acts/district-court-jurisdiction-regulations-2022/history","analysis":"/api/acts/district-court-jurisdiction-regulations-2022/analysis","conflicts":"/api/acts/district-court-jurisdiction-regulations-2022/conflicts","importantCases":"/api/acts/district-court-jurisdiction-regulations-2022/important-cases","documents":"/api/acts/district-court-jurisdiction-regulations-2022/documents"}}