{"id":"local-court-act-2015","name":"Local Court Act 2015","slug":"local-court-act-2015","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30308,"registerId":"nt-local-court-act-2015-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Local Court Act 2015","content":"Note\nIn order to give effect to the Cross-border Justice Act, this law must be applied\nwith the modifications mentioned in section 13 of the Cross-border Justice Act\nas if this law had been altered in that way.\nFor modifications of this law prescribed by regulation, see Part 3, Division 9 of\nthe Cross-border Justice Regulations.\nNORTHERN TERRITORY OF AUSTRALIA\nLOCAL COURT ACT 2015\nAs in force at 21 April 2023\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\nPart 2 Local Court\n4 Court established............................................................................. 3\n5 Status of Court................................................................................. 3\n6 Constitution of Court ........................................................................ 3\n7 Changes in constitution of Court during proceedings ...................... 3\n8 Independence of Court .................................................................... 5\nPart 3 Jurisdiction of the Court\nDivision 1 Jurisdiction generally\n9 Jurisdiction of the Court ................................................................... 5\n10 Court may exercise all jurisdiction at same time .............................. 5\n11 Jurisdiction concurrent with Supreme Court .................................... 5\nDivision 2 Civil jurisdiction\n12 Civil jurisdiction – jurisdictional limit ................................................. 5\n13 General civil jurisdiction ................................................................... 5\n13A Jurisdiction in small claims matters ................................................. 6\n14 Civil jurisdiction under other laws .................................................... 7\n15 Remedies that may be granted........................................................ 7\n16 Jurisdiction not limited to matters entirely within Territory ............... 7\n17 Concurrent administration of law and equity .................................... 7\n\nLocal Court Act 2015 ii\nDivision 3 Criminal jurisdiction\n18 General criminal jurisdiction............................................................. 8\n19 Criminal jurisdiction under other laws .............................................. 8\nPart 4 Administration of the Court\nDivision 1 Administration generally\n20 Chief Judge responsible .................................................................. 9\n21 Divisions of Court ............................................................................ 9\n22 Assigning duties to judicial officers .................................................. 9\n23 Hours of work ................................................................................ 10\n24 Where and when Court may sit ..................................................... 10\n25 Registries....................................................................................... 11\n26 Court seal ...................................................................................... 11\n26A Court may issue or transmit court documents electronically .......... 12\nDivision 2 Court records and exhibits\n27 Court records ................................................................................. 12\n28 Case files ....................................................................................... 12\n29 Access to case files ....................................................................... 13\n30 Access to judgments and orders ................................................... 14\n31 Access to exhibits .......................................................................... 14\n31A Access to any other Court records ................................................ 15\n31B Access to persons other than parties ............................................ 15\n32 Fees .............................................................................................. 15\n33 Principal registrar to provide copies............................................... 16\n33A Transcripts required for certain proceedings ................................. 16\n34 Other Acts may limit access to court records and exhibits ............ 16\nDivision 3 Court procedure\n35 Procedure generally ...................................................................... 16\n36 Court to be open to public.............................................................. 17\n37 Orders to exclude persons from courtroom ................................... 17\n38 Presence of parties and representatives ....................................... 18\n39 Refusal of documents if abuse of process ..................................... 18\n40 Making of judgments and orders ................................................... 18\n41 Issuing of process.......................................................................... 19\n42 Correction of errors........................................................................ 19\n43 Entry for purpose of inspection ...................................................... 19\n44 Party entitled to appear in person or by counsel............................ 19\n44A Transfer of proceedings to Tribunal ............................................... 20\nDivision 4 Contempt\n45 Contempt of Court ......................................................................... 20\n\nLocal Court Act 2015 iii\n46 Dealing with contempt of Court...................................................... 21\n47 Punishment for contempt ............................................................... 22\nDivision 5 Rules and directions\n48 Rules of court ................................................................................ 22\n49 Practice directions ......................................................................... 23\nPart 5 Judges of the Local Court\nDivision 1 Chief Judge, Deputy Chief Judges and Judges\nSubdivision 1 Establishment of offices, powers and\nfunctions\n50 Judicial offices ............................................................................... 23\n51 Functions of Judges ...................................................................... 24\n52 Powers of Judges .......................................................................... 24\nSubdivision 2 Appointment, terms of office etc.\n53 Appointment .................................................................................. 24\n54 Full-time or part-time appointment ................................................. 24\n55 Salary, allowances and benefits .................................................... 24\n56 Vacation of office ........................................................................... 25\n57 Termination of appointment of Judge ............................................ 25\n58 Completion of pending proceedings .............................................. 25\n59 Acting Chief Judge ........................................................................ 25\n59A Acting Deputy Chief Judge ............................................................ 26\nDivision 2 Acting Judges\n60 Appointment .................................................................................. 27\n61 Functions and powers of acting Judge .......................................... 27\n62 Conditions of appointment ............................................................. 27\n63 Vacation of office ........................................................................... 27\n64 Completion of pending proceedings .............................................. 28\nDivision 3 General matters\n65 Oath of office ................................................................................. 28\n66 Prohibition of other work ................................................................ 28\n67 Acts done by Judge outside the Territory ...................................... 29\n67A Validity of acts ............................................................................... 29\n\nLocal Court Act 2015 iv\nPart 6 Other Court officers\nDivision 1 Judicial registrars\n68 Appointment of judicial registrars................................................... 29\n69 Functions of judicial registrars ....................................................... 29\n70 Powers of judicial registrars ........................................................... 30\n70A Review of decision of judicial registrar ........................................... 30\nDivision 2 Principal registrar and other registrars\n71 Principal registrar and registrars .................................................... 30\n72 Functions of registrars ................................................................... 31\n73 Powers of registrars ....................................................................... 31\n74 Delegation of jurisdiction to registrars ............................................ 31\n75 Review of decision of registrar in exercise of delegated\njurisdiction...................................................................................... 31\nDivision 3 Bailiffs\n76 Bailiffs ............................................................................................ 32\n77 Functions of bailiff .......................................................................... 32\n78 Powers of bailiff ............................................................................. 32\nDivision 4 Interstate or overseas arrangements\n79 Out-of-Territory registrars .............................................................. 33\n80 Registrars may hold appointments for other jurisdictions .............. 33\nPart 7 Miscellaneous\n81 Regulations.................................................................................... 33\nPart 7A Validation\n81A Appointments to Court ................................................................... 34\n81B Validation of certain judicial appointments ..................................... 35\n81C Validation of acts performed .......................................................... 35\nPart 8 Repeals and transitional matters for Local\nCourt Act 2015\nDivision 1 Repeals\n82 Laws repealed ............................................................................... 35\nDivision 2 Transitional matters\n83 Definitions ...................................................................................... 36\n\nLocal Court Act 2015 v\n84 New Local Court is a continuation of old Courts ............................ 36\n85 Office holders ................................................................................ 37\n86 Ongoing proceedings .................................................................... 39\n87 Judgments, orders and process .................................................... 39\n88 Continuation of things done by Magistrates ................................... 40\n89 Regulations, Rules and practice directions .................................... 40\n90 Directions to judicial officers .......................................................... 40\n91 Approval of places to sit ................................................................ 40\n92 Contempt ....................................................................................... 41\n93 Prerogative writs in civil proceedings............................................. 41\n94 References to repealed Acts ......................................................... 41\nPart 9 Transitional matters for Justice Legislation\nAmendment (Small Claims and Other\nMatters) Act 2016\n95 Application of section 44A ............................................................. 41\nPart 10 Transitional matters for Justice and Other\nLegislation Amendment Act 2021\n96 Appeal of registrar's decisions ....................................................... 42\nSchedule 1 Oath of office for Judge\nSchedule 2 Laws repealed\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 21 April 2023\n____________________\nLOCAL COURT ACT 2015\nAn Act to establish the Local Court of the Northern Territory,\nand for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Local Court Act 2015.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\nAct includes a Commonwealth Act.\nacting Judge means an acting Judge as mentioned in\nsection 60(1).\nbailiff means a bailiff of the Court as mentioned in section 76(1).\nChief Judge means the Chief Judge of the Local Court as\nmentioned in section 50(1)(a).\ncivil jurisdiction, of the Court, means the jurisdiction of the Court\nunder Part 3, Division 2.\ncivil proceedings means proceedings in the Court exercising its\ncivil jurisdiction.\nclaim includes a cause of action.\nCourt means the Local Court established by Part 2.\n\nPart 1 Preliminary matters\nLocal Court Act 2015 2\ncourtroom means a room or other place where the Court is sitting\nor where a person who is participating in proceedings is located.\ncriminal jurisdiction, of the Court, means the jurisdiction of the\nCourt under Part 3, Division 3.\ncriminal proceedings means proceedings in the Court exercising\nits criminal jurisdiction.\ndeal with, in relation to proceedings, includes to hear and\ndetermine.\nDeputy Chief Judge means a Deputy Chief Judge of the Local\nCourt as mentioned in section 50(1)(b).\nJP means a justice of the peace appointed under section 5 of the\nJustices of the Peace Act 1991.\nNote for definition JP\nJP does not include a Judge, registrar or other person who is a justice of the\npeace by reason of holding an office mentioned in Schedule 1 to the Justices of\nthe Peace Act 1991.\nJudge means a Judge of the Local Court under section 50(1)(c)\nor (2) (being the Chief Judge and any Deputy Chief Judge).\njudicial registrar means a judicial registrar as mentioned in\nsection 68(1).\njurisdictional limit, see section 12.\nprincipal registrar means the principal registrar of the Court as\nmentioned in section 71(1)(a).\nprocess includes any process by which proceedings are\ncommenced or enforced, a summons and a warrant.\nregistrar means a registrar of the Court as mentioned in\nsection 71(1)(b) or (2) (being any judicial registrar and the principal\nregistrar).\nRules means rules of court made under section 48.\nTribunal means the Civil and Administrative Tribunal.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nPart 2 Local Court\nLocal Court Act 2015 3\nPart 2 Local Court\n4 Court established\nA court called the Local Court of the Northern Territory is\nestablished.\n5 Status of Court\n(1) The Court is a court of record.\n(2) When exercising its civil jurisdiction, the Court is a court of law and\nequity.\n(3) When exercising its criminal jurisdiction, the Court is a court of\nsummary jurisdiction.\n6 Constitution of Court\n(1) Subject to this section, the Court is to be constituted by a Judge.\n(2) The Court may be constituted by a judicial registrar for the purpose\nof dealing with civil proceedings.\n(3) However, the Court constituted by a judicial registrar cannot:\n(a) hear and determine a claim; or\n(b) conduct the hearing of an appeal.\n(4) The Court may be constituted by 2 or more JPs, or by one JP, for a\npurpose prescribed by regulation.\n(5) Despite subsections (2) to (4), the Court must be constituted by a\nJudge for any of the following:\n(a) to hear and determine a charge of an indictable offence\nsummarily under section 18(1)(a)(ii);\n(b) to deal with proceedings that another Act provides must be\ndealt with by the Court constituted by a Judge.\n7 Changes in constitution of Court during proceedings\n(1) In particular proceedings, the Court need not be constituted by the\nsame person or persons for the whole of the proceedings, until the\ntaking of evidence commences.\nExample for subsection (1)\nIn criminal proceedings, a person who is arrested may initially be brought before\nthe Court constituted by Judge A. When the person appears to plead the Court\n\nPart 2 Local Court\nLocal Court Act 2015 4\nmay be constituted by Judge B. An application under section 105G of the Local\nCourt (Criminal Procedure) Act 1928 for leave to cross-examine a witness may\nbe dealt with by Judge C. The preliminary examination may then be conducted\nby the Court constituted by Judge D. However, under subsection (2), Judge D\nmust then complete the proceedings.\n(2) Once the taking of evidence commences, the Court must be\nconstituted by the same person or persons until the proceedings\nare determined.\n(3) However, if the defendant in criminal proceedings pleads guilty and\nthe proceedings are adjourned before the making of sentencing\nsubmissions commences, after that adjournment:\n(a) the Court need not be constituted by the same person or\npersons as when the plea was entered; but\n(b) the Court must then be constituted by the same person or\npersons until the proceedings are determined.\nExample for subsection (3)\nCriminal proceedings may be adjourned after a defendant pleads guilty if a\npre-sentence report is required. If the adjournment occurs before sentencing\nsubmissions commence, when the defendant re-appears for sentencing, the\nCourt may be constituted by a different Judge from the one who constituted the\nCourt when the plea was taken.\n(4) Further, if:\n(a) after the taking of evidence commences; or\n(b) after the making of sentencing submissions commences;\nthe person or one of the persons who constitutes the Court is\nunable to continue, the Court constituted by a different person or\npersons may continue to deal with the proceedings.\n(5) The question whether a person is unable to continue is decided by\nthe Chief Judge and the Chief Judge's decision is not liable to be\nchallenged on any ground.\n(6) In this section, a person is unable to continue if the person:\n(a) dies; or\n(b) vacates office and is unable to finish dealing with the\nproceedings under section 58(2) or 64(2); or\n(c) is, by reason of illness, injury or other cause, unable to\ncontinue dealing with the proceedings without unreasonable\ndelay.\n\nPart 3 Jurisdiction of the Court\nDivision 2 Civil jurisdiction\nLocal Court Act 2015 5\n8 Independence of Court\nIn the exercise of the Court's judicial functions the person or\npersons who constitute the Court are not subject to the direction or\ncontrol of any person.\nPart 3 Jurisdiction of the Court\nDivision 1 Jurisdiction generally\n9 Jurisdiction of the Court\nThe Court has:\n(a) the civil jurisdiction set out in Division 2; and\n(b) the criminal jurisdiction set out in Division 3.\n10 Court may exercise all jurisdiction at same time\nThe Court may exercise more than one aspect of its jurisdiction,\nwhether conferred by this or another Act, in one sitting without\nadjourning or interrupting the sitting.\n11 Jurisdiction concurrent with Supreme Court\nThe conferral of jurisdiction on the Local Court by this or another\nAct does not limit the jurisdiction of the Supreme Court.\nDivision 2 Civil jurisdiction\n12 Civil jurisdiction – jurisdictional limit\nThe jurisdictional limit for the Court's civil jurisdiction is $250 000.\n13 General civil jurisdiction\n(1) The Court has jurisdiction to deal with a claim for an amount of\nmoney if:\n(a) the amount is claimed as damages, a debt or a liquidated\ndemand; and\n(b) either:\n(i) the amount claimed is not more than the jurisdictional\nlimit; or\n\nPart 3 Jurisdiction of the Court\nDivision 2 Civil jurisdiction\nLocal Court Act 2015 6\n(ii) the parties have given written consent to the Court\ndealing with the claim.\n(2) The Court has jurisdiction to deal with a claim for equitable relief if:\n(a) the value of the relief sought is not more than the jurisdictional\nlimit; or\n(b) the parties have given written consent to the Court dealing\nwith the claim.\n(3) The Court has jurisdiction to deal with a claim concerning a right to\nthe ownership or possession of property if:\n(a) the value of the right is not more than the jurisdictional limit; or\n(b) the parties have given written consent to the Court dealing\nwith the claim.\n(4) However, the Court does not have jurisdiction to deal with a claim\nwithin the jurisdiction of another court or a tribunal conferred by\nanother Act, except to the extent permitted by section 13A or\nanother Act.\nNote for subsection (4)\nSection 99A(9) of the Northern Territory Civil and Administrative Tribunal\nAct 2014 confers jurisdiction on the Court in relation to proceedings transferred to\nthe Court under that section.\n13A Jurisdiction in small claims matters\n(1) The Court has jurisdiction to deal with a claim of a type mentioned\nin section 6 of the Small Claims Act 2016 as follows:\n(a) if the whole claim is of that type – only if the Tribunal has\nmade an order under section 99A of the Northern Territory\nCivil and Administrative Tribunal Act 2014 to transfer the\nproceeding relating to the claim to the Court;\n(b) if part of the claim is of that type – if the Court is dealing with\nthe other part of the claim.\n(2) If a proceeding is transferred to the Court as mentioned in\nsubsection (1)(a), the Act under which the cause of action or claim\narises applies:\n(a) as if references in it to the Tribunal were references to the\nCourt; and\n(b) with any other necessary changes.\n\nPart 3 Jurisdiction of the Court\nDivision 2 Civil jurisdiction\nLocal Court Act 2015 7\n14 Civil jurisdiction under other laws\nThe Court's civil jurisdiction also includes any other jurisdiction that:\n(a) is conferred on the Court by another Act; and\n(b) is not part of the Court's criminal jurisdiction under section 19.\n15 Remedies that may be granted\n(1) When exercising the jurisdiction conferred on the Court by\nsection 13 or 13A, the Court may do either or both of the following:\n(a) grant any remedy or relief that may be claimed under that\nsection;\n(b) make a declaratory order of the rights of a party or parties to\nthe proceedings.\n(2) When exercising the jurisdiction mentioned in section 14, the Court\nmay grant any remedy or relief that is provided for by the Act that\nconfers the jurisdiction on the Court.\n(3) However, the Court cannot issue a writ of certiorari, mandamus,\nprohibition or quo warranto.\n(4) Proceedings in the Court are not open to objection on the ground\nthat a party is seeking a declaratory order of rights.\n16 Jurisdiction not limited to matters entirely within Territory\nThe Court has jurisdiction to deal with a claim if either or both of the\nfollowing apply:\n(a) a material part of the claim arose in the Territory;\n(b) the defendant resided in the Territory at the time of being\nserved with the claim.\n17 Concurrent administration of law and equity\nIn all proceedings in the Court, both law and equity must be\nadministered in the manner provided in Part IV of the Supreme\nCourt Act 1979 in matters within the jurisdiction of the Supreme\nCourt, unless another Act expressly provides otherwise.\n\nPart 3 Jurisdiction of the Court\nDivision 3 Criminal jurisdiction\nLocal Court Act 2015 8\nDivision 3 Criminal jurisdiction\n18 General criminal jurisdiction\n(1) The Court has jurisdiction to deal with offences as follows:\n(a) to hear and determine a charge of:\n(i) a summary offence; or\n(ii) an indictable offence that, under another Act, may be\nheard and determined summarily;\n(b) to conduct a preliminary examination for an indictable offence.\n(2) However, the Court does not have jurisdiction to deal with a charge\nof an offence if another Act confers that jurisdiction on another court\nor a tribunal.\n(3) In this section:\nconduct a preliminary examination means to conduct a\npreliminary examination in accordance with the Local Court\n(Criminal Procedure) Act 1928 and do one of the following:\n(a) order that the defendant be discharged;\n(b) commit the defendant to the Supreme Court for trial;\n(c) commit the defendant to the Supreme Court for sentence.\nindictable offence, see section 3(2) of the Criminal Code.\nsummary offence, see section 3(3) of the Criminal Code.\n19 Criminal jurisdiction under other laws\n(1) The Court also has jurisdiction to deal with any other proceedings\nthat another Act provides are to be dealt with by a court of summary\njurisdiction.\n(2) The Court also has any other jurisdiction that:\n(a) is conferred on the Court by another Act; and\n(b) is expressed to be part of the Court's criminal or summary\njurisdiction (however described).\n\nPart 4 Administration of the Court\nDivision 1 Administration generally\nLocal Court Act 2015 9\nPart 4 Administration of the Court\nDivision 1 Administration generally\n20 Chief Judge responsible\n(1) The Chief Judge is the principal judicial officer of the Court.\n(2) The Chief Judge is responsible for ensuring the orderly and\nexpeditious exercise by the Court of its jurisdiction and powers.\n(3) The Chief Judge must take reasonable steps to consult the other\nJudges on matters relating to the administration of the Court.\n(4) For subsection (3), the administration of the Court does not\ninclude the exercise by a judicial officer of the officer's judicial\ndiscretion.\n21 Divisions of Court\n(1) For administrative purposes, the Court is divided into the following\ndivisions:\n(a) a Civil Division – to deal with all civil proceedings that are not\nwithin a class of proceedings for which a division is\nestablished as mentioned in paragraph (c);\n(b) a Criminal Division – to deal with all criminal proceedings that\nare not within a class of proceedings for which a division is\nestablished as mentioned in paragraph (c);\n(c) such other divisions as are established by the Rules or\nanother Act to deal with a specific class or classes of\nproceedings.\n(2) The Chief Judge must assign one or more Judges to deal with\nmatters in each division.\n(3) In assigning a Judge to deal with matters in a particular division the\nChief Judge must have regard to the Judge's expertise in relation to\nmatters dealt with in that division.\n22 Assigning duties to judicial officers\n(1) The Chief Judge must assign duties to judicial officers.\n(2) The Chief Judge may do either or both of the following:\n(a) direct each judicial officer where in the Territory the officer is\nto perform duties assigned to the officer;\n\nPart 4 Administration of the Court\nDivision 1 Administration generally\nLocal Court Act 2015 10\n(b) give any other directions incidental to the performance of\nthose duties as the Chief Judge considers appropriate.\n(3) Further, the Chief Judge cannot give a direction that affects the\nexercise by a judicial officer of the officer's judicial discretion.\n(4) A judicial officer must carry out the duties assigned to the officer\nand comply with directions given under subsection (2).\n(5) In this section:\njudicial officer means:\n(a) a Judge; or\n(b) a JP or judicial registrar, when constituting the Court; or\n(c) a registrar when exercising a power delegated under\nsection 74.\n23 Hours of work\n(1) If a Judge is appointed on a full-time basis, the Judge and Chief\nJudge may agree that the Judge is to work on a part-time basis.\n(2) If a Judge is appointed on a part-time basis:\n(a) the Judge and Chief Judge may agree that the Judge is to\nwork on a lesser time basis than that for which the Judge was\nappointed; but\n(b) the Chief Judge cannot require or permit the Judge to work on\na greater time basis than that for which the Judge was\nappointed.\n24 Where and when Court may sit\n(1) The Court may sit at the places, and in the buildings, approved by\nthe Minister.\n(2) The Minister must ensure that the approved buildings have suitable\nfacilities to enable the Court to properly exercise its jurisdiction.\n(3) The Chief Judge must decide:\n(a) at which of the approved places and in which of the approved\nbuildings, the Court is to sit; and\n(b) when the Court is to sit.\n\nPart 4 Administration of the Court\nDivision 1 Administration generally\nLocal Court Act 2015 11\n(4) Despite subsections (1) and (3), if in particular proceedings the\nCourt is satisfied that it is expedient to do so, the Court may sit at\nanother place or time to deal with the proceedings.\n(5) The Court may do so on its own initiative or on application by a\nparty to the proceedings.\n(6) The Court may sit:\n(a) at any place, whether in the Territory or elsewhere; and\n(b) at any time on any day.\n25 Registries\n(1) Registries of the Court are to be maintained:\n(a) at each place approved by the Minister under section 24; and\n(b) at any other places approved by the Minister.\n(2) The principal registrar is responsible for the day-to-day\nmanagement of the registries.\n26 Court seal\n(1) The Court is to have:\n(a) a seal; and\n(b) as many stamps, of a design as near as practicable to that of\nthe seal, as are necessary for the transaction of the Court's\nbusiness.\n(2) The seal and stamps are to be of designs approved by the Chief\nJudge.\n(3) At least one of the stamps is to be kept at each registry of the\nCourt.\n(4) The seal and stamps are to be kept and used in accordance with\nthe Rules or as otherwise directed by the Chief Judge.\n(5) A document marked with a stamp mentioned in subsection (1)(b) is\ntaken to have been sealed with the Court seal.\n(6) The seal and stamps may be applied to a document manually or\nelectronically.\n\nPart 4 Administration of the Court\nDivision 2 Court records and exhibits\nLocal Court Act 2015 12\n26A Court may issue or transmit court documents electronically\n(1) Any order, judgment, process or other document that the Court, a\nJudge or a registrar may issue or transmit under any law of the\nTerritory may be issued or transmitted by electronic communication.\n(2) If any law of the Territory permits or requires any order, judgment,\nprocess or other document to be issued or transmitted by manual\nmeans, that requirement is taken to be met if the issuing or\ntransmission occurs by electronic communication.\nExample for subsection (2)\nIf an Act requires or permits the Court to sign or seal a document, the Court could\nuse an electronic signature or electronic seal and the requirement is met in the\nsame way as if the document had been signed or sealed by hand.\n(3) This section does not limit or affect:\n(a) the Court, a Judge or a registrar from issuing or providing any\norder, judgment, process or other document manually or in\npaper form; or\n(b) any practice, procedure or Rules that provide for electronic\nprocesses in the Court; or\n(c) the power to make Rules; or\n(d) any other power of the Court, a Judge or a registrar.\nDivision 2 Court records and exhibits\n27 Court records\n(1) The principal registrar must ensure that proper records are kept in\nrelation to proceedings in the Court.\n(2) The records must include case files for all proceedings commenced\nin the Court.\n28 Case files\nThe case file for proceedings must include the following in relation\nto the proceedings:\n(a) all documents filed with the Court;\n(b) all process issued by the Court;\n\nPart 4 Administration of the Court\nDivision 2 Court records and exhibits\nLocal Court Act 2015 13\n(c) if there is an audio or audiovisual recording of any part of the\nproceedings:\n(i) the recording; and\n(ii) if a transcript is made of the recording – the transcript;\n(d) for any part of the proceedings for which there is not an audio\nor audiovisual recording – a formal written record of the\nproceedings;\n(e) details of directions given by the Court;\n(f) all judgments given and orders made by the Court;\n(g) details of any reasons for decisions, including sentencing\nremarks, given by the Court (if not included in the judgment or\norder);\n(h) all information that is reasonably necessary for the proper\nmanagement of the proceedings;\n(i) anything else prescribed by regulation or the Rules.\nExamples for paragraph (h)\nReasonably necessary information would include the following:\n(a) names and details of the parties;\n(b) dates and times of court appearances and hearings;\n(c) where, when and by whom:\n(i) documents were filed with the Court; or\n(ii) process was issued by the Court; or\n(iii) judgment was given or orders were made.\n29 Access to case files\n(1) A party to proceedings:\n(a) is entitled, on request, to access to a document or other\ninformation mentioned in section 28(a) to (h), other than\nsection 28(c)(i); and\n(b) may, with the leave of the Court, have access to a recording\nmentioned in section 28(c)(i) or anything else in the case file\nfor the proceedings.\n\nPart 4 Administration of the Court\nDivision 2 Court records and exhibits\nLocal Court Act 2015 14\n(2) The Court may, on application, give any other person, or class of\npersons, access to all or part of the case file for proceedings other\nthan judgments given or orders made by the Court.\nNote for subsection (2)\nFor access to judgments and orders see section 30.\n(3) The Court may grant access under subsection (2) on any conditions\nthe Court thinks fit.\n(4) If a person, or class of persons, is entitled to, or is given, access to\na thing under this section, the person, or class of persons, may:\n(a) if the thing is a document – inspect and obtain a copy of it; or\n(b) if the thing is an audio or audiovisual recording:\n(i) listen to or view it; and\n(ii) with the leave of the Court, obtain a copy of it.\n30 Access to judgments and orders\n(1) Any person may inspect or obtain a copy of a judgment given or\norder made by the Court.\n(2) Subsection (1) is subject to any order made by the Court restricting\naccess to the judgment or order.\n(3) Further, if the judgment was given or order was made when the\nCourt was not open to the public, subsection (1) applies only if the\nCourt grants access to the judgment or order.\n(4) The Court may grant access under subsection (3):\n(a) to a person or class of persons; and\n(b) on any conditions the Court thinks fit.\n31 Access to exhibits\n(1) A party to proceedings is entitled, on request, to access to an\nexhibit admitted into evidence in the proceedings.\n(2) The Court may, on application, give a person who is not a party to\nproceedings, or class of persons who are not parties to\nproceedings, access to an exhibit admitted into evidence in the\nproceedings.\n(3) The Court may grant access under subsection (2) on any conditions\nthe Court thinks fit.\n\nPart 4 Administration of the Court\nDivision 2 Court records and exhibits\nLocal Court Act 2015 15\n(4) If a person, or class of persons, is entitled to, or is given, access to\nan exhibit under this section, the person, or class of persons, may\ndo the following:\n(a) inspect the exhibit;\n(b) if the exhibit is a document, recording or something else able\nto be easily copied – obtain a copy of the exhibit;\n(c) if paragraph (b) does not apply – obtain a photograph,\naudiovisual recording or other record of the exhibit.\n31A Access to any other Court records\n(1) This section applies in relation to any document, information,\nrecording or thing that is a Court record or part of a Court record\nand is not part of a case file, judgment, order or exhibit.\n(2) The Court may, on application, grant access to the document,\ninformation, recording or thing to a person or class of persons.\n(3) The Court may grant the access on any conditions the Court thinks\nfit.\n31B Access to persons other than parties\n(1) This section applies in relation to an application to the Court for\naccess under section 29(2), 30(3), 31(2) or 31A(2).\n(2) Without limiting the sections mentioned in subsection (1), the Court\nmay grant access:\n(a) to a person or class of persons representing an Agency who\nrequires access for the purpose of carrying out the functions of\nthe Agency; or\n(b) to a person who requires access to case files, judgments,\norders, exhibits or other Court records for multiple\nproceedings in the Court; or\n(c) to a person who requires regular access to a case file,\njudgment, order, exhibit or other Court records for a specified\nproceeding in the Court.\n32 Fees\nThe regulations may provide for fees that must be paid before a\nperson may inspect, listen to, view or obtain a copy of a thing or\nobtain information under this Division.\n\nPart 4 Administration of the Court\nDivision 3 Court procedure\nLocal Court Act 2015 16\n33 Principal registrar to provide copies\n(1) This section applies if a person is entitled to obtain a copy of a thing\nunder section 29, 30, 31 or 31A.\n(2) On request by the person, the principal registrar must arrange for a\ncopy of the thing to be made and provided to the person.\n33A Transcripts required for certain proceedings\n(1) The principal registrar must arrange for a transcript to be made for\nproceedings if:\n(a) a party to the proceedings appeals to the Supreme Court\nunder section 163 of the Local Court (Criminal Procedure)\nAct 1928; or\n(b) the Court commits a defendant to the Supreme Court for trial\nor sentence; or\n(c) the Court reserves a question of law for the consideration of\nthe Supreme Court under section 162 of the Local Court\n(Criminal Procedure) Act 1928.\n(2) The principal registrar must provide a copy of a transcript made\nunder subsection (1)(b) to the defendant on the defendant's\nrequest.\n(3) A transcript made under subsection (1)(c) must include a summary\nof the question of law.\n34 Other Acts may limit access to court records and exhibits\nThis Division is subject to another Act that prohibits or regulates:\n(a) access to documents or other things mentioned in this\nDivision; or\n(b) publication of documents or other information.\nDivision 3 Court procedure\n35 Procedure generally\n(1) The Court must conduct civil proceedings in accordance with the\nfollowing:\n(a) the Local Court (Civil Procedure) Act 1989;\n(b) this Act and the Rules;\n\nPart 4 Administration of the Court\nDivision 3 Court procedure\nLocal Court Act 2015 17\n(c) another Act that makes provision for the practice and\nprocedure of the Court in civil proceedings to which that Act\napplies.\n(2) The Court must conduct criminal proceedings in accordance with\nthe following:\n(a) the Local Court (Criminal Procedure) Act 1928;\n(b) the Criminal Code;\n(c) this Act and the Rules;\n(d) another Act that makes provision for the practice and\nprocedure of the Court in criminal proceedings to which that\nAct applies.\n(3) Subject to subsections (1) and (2), the Court is to determine its own\npractice and procedure.\n36 Court to be open to public\n(1) Proceedings in the Court must be open to the public unless this Act\nor another Act provides otherwise.\n(2) The Rules may prescribe other circumstances in which proceedings\nneed not be open to the public.\n37 Orders to exclude persons from courtroom\n(1) The Court may order either or both of the following:\n(a) that all witnesses leave the courtroom and remain out of\nhearing of the courtroom until called to give evidence;\n(b) that a person, a class of persons or all persons be excluded\nfrom the courtroom during the whole or any part of\nproceedings.\n(2) The Court may make the order if it appears to the Court that justice\nwill be best served by doing so.\n(3) The Court may make the order on its own initiative or on application\nby a party to the proceedings.\n(4) An order under this section does not apply to a party to the\nproceedings or a representative (as defined in section 38).\n\nPart 4 Administration of the Court\nDivision 3 Court procedure\nLocal Court Act 2015 18\n38 Presence of parties and representatives\n(1) A party to proceedings in the Court, and any representative of the\nparty, is entitled to be present in the courtroom throughout the\nproceedings.\n(2) However, the Court may order that a party or representative be\nexcluded from the courtroom during the whole or any part of the\nproceedings if it appears to the Court that the person's conduct\nmakes it impracticable to continue the proceedings in the person's\npresence.\n(3) The Court may make the order on its own initiative or on application\nby a party to the proceedings.\n(4) Subsection (1) is subject to another Act that limits a person's\nentitlement to be present.\n(5) In this section:\nrepresentative, of a party, means the a legal practitioner or other\nperson who is entitled to appear in the proceedings on behalf of the\nparty.\n39 Refusal of documents if abuse of process\n(1) If it appears to a registrar that a document delivered to the Court for\nfiling is an abuse of the Court's process or is frivolous or vexatious,\nthe registrar may refuse to accept it unless a Judge has given leave\nfor it to be filed.\n(2) A person aggrieved by a refusal to accept a document may apply to\na Judge for leave to file the document.\n(3) If a registrar refuses to accept a document that is filed within a time\nlimit that applies to the filing of the document and a Judge\nsubsequently gives leave for it to be filed, it may be filed even if the\ntime limit has by then expired.\n40 Making of judgments and orders\n(1) All judgments given and orders made by the Court must be:\n(a) issued under the seal of the Court; and\n(b) signed by a Judge or registrar.\n(2) A judgment or order does not need to be signed by the person or\npersons who constituted the Court when the judgment was given or\norder was made.\n\nPart 4 Administration of the Court\nDivision 3 Court procedure\nLocal Court Act 2015 19\n41 Issuing of process\n(1) All process issued by the Court must be issued under the seal of\nthe Court.\n(2) The Court may cancel process issued by the Court if satisfied there\nis a good reason to do so.\n(3) The Court may do so on its own initiative or on application by a\nparty to proceedings or any other person affected by the process.\n(4) If process issued for a particular purpose is cancelled, fresh\nprocess may be issued for the same purpose.\n(5) When cancelling process, or issuing fresh process, the Court need\nnot be constituted by the same person or persons as when the\nprocess was issued.\n42 Correction of errors\n(1) The Court may correct a judgment given, order made or process\nissued by the Court if it contains any of the following:\n(a) a clerical error;\n(b) an accidental slip or omission;\n(c) a material arithmetic error.\n(2) The Court may do so on its own initiative or on application by a\nparty or any other person affected by the document.\n(3) When making the correction, the Court need not be constituted by\nthe same person or persons as when the judgment was given,\norder was made or process was issued.\n43 Entry for purpose of inspection\n(1) The Court may enter any place to make an inspection that the\nCourt considers is relevant to exercising its jurisdiction.\n(2) The Court may authorise a Judge, JP, registrar or other person to\nexercise the power under subsection (1).\n44 Party entitled to appear in person or by counsel\n(1) A party to proceedings has a right to appear before the Court in\norder to present and conduct the party's case and to call, examine,\ncross-examine, and re-examine witnesses.\n\nPart 4 Administration of the Court\nDivision 4 Contempt\nLocal Court Act 2015 20\n(2) The party may exercise this right:\n(a) by appearing in person; or\n(b) unless another Act expressly provides otherwise, by a legal\npractitioner appearing on the party's behalf.\n(3) This section does not prevent another person appearing on behalf\nof a party if permitted to do so by the Rules or any other law of the\nTerritory.\n44A Transfer of proceedings to Tribunal\n(1) The Court may make an order (a transfer order) that one or more\nclaims that would otherwise be dealt with in a proceeding before the\nCourt be transferred to the Tribunal.\n(2) The Court may make a transfer order only if satisfied that the claim\nis within the Tribunal's jurisdiction.\n(3) The Court may make a transfer order on application by a party or\non its own initiative.\n(4) The Court may make a transfer order even though the proceeding\nis not within the Court's jurisdiction.\n(5) The Court, when making a transfer order, and the Tribunal, when\ndealing with the transferred claim, may make any orders the Court\nor Tribunal thinks appropriate for facilitating the orderly transfer of\nthe claim to the Tribunal.\nDivision 4 Contempt\n45 Contempt of Court\n(1) A person who has been served with a summons to attend before\nthe Court to give evidence or to produce documents or other things\ncommits a contempt of the Court if, without reasonable excuse, the\nperson:\n(a) does not attend as required by the summons; or\n(b) does not continue to attend until released by the Court from\nfurther attendance.\n\nPart 4 Administration of the Court\nDivision 4 Contempt\nLocal Court Act 2015 21\n(2) A person appearing before the Court as a witness commits a\ncontempt of the Court if, without reasonable excuse, the person\ndoes not do any of the following when required by the Court to do\nso:\n(a) take an oath;\n(b) answer a question;\n(c) produce a document or other thing.\n(3) A person commits a contempt of the Court if:\n(a) the Court has made an order requiring the person to do or not\ndo something; and\n(b) the order:\n(i) was made orally to the person while the person was in\nthe courtroom; or\n(ii) has been served on the person; and\n(c) the person does not comply with the order; and\n(d) no other law of the Territory provides a means for punishing\nnon-compliance with or enforcing the order.\n(4) A person commits a contempt of the Court if, without reasonable\nexcuse, the person fails to comply with an undertaking the person\nhas given to the Court.\n(5) A person commits a contempt of the Court if the person:\n(a) wilfully prevaricates in the face of the Court; or\n(b) engages in any other conduct that, under a law of the\nTerritory, constitutes a contempt in the face of the Court.\n46 Dealing with contempt of Court\n(1) If it appears to the Court that a person has committed a contempt of\nthe Court, the Court may:\n(a) for a contempt in the face of the Court – orally order that the\nperson be arrested and brought before the Court; or\n(b) for any contempt:\n(i) issue a warrant to have the person arrested and brought\nbefore the Court; or\n\nPart 4 Administration of the Court\nDivision 5 Rules and directions\nLocal Court Act 2015 22\n(ii) issue a summons requiring the person to appear before\nthe Court.\n(2) When the person is brought or appears before the Court, the Court:\n(a) must inform the person of the contempt with which the person\nis charged; and\n(b) may deal with the person in accordance with any procedure\nthe Court thinks fit.\n(3) The Bail Act 1982 applies in relation to the person as if the person\nwere accused of an offence and were being held in custody for that\noffence.\n(4) The Court constituted by a person or persons other than a Judge:\n(a) cannot exercise the Court's powers under this section and\nsection 47; but\n(b) may refer the alleged contempt to the Court constituted by a\nJudge.\n(5) The Court constituted by a Judge may exercise those powers in\nrelation to the alleged contempt.\n47 Punishment for contempt\n(1) If the Court finds a person guilty of a contempt of the Court, it may\norder that the person be imprisoned for not more than 6 months or\nbe fined not more than an amount equal to 100 penalty units.\n(2) A person cannot be punished, in respect of the same conduct, for a\ncontempt and for an offence against another Act.\n(3) If the Court orders that the person be imprisoned, the Court may\norder that the person be discharged before the end of the term of\nimprisonment that was ordered.\n(4) If a person who has been found guilty of a contempt apologises to\nthe Court for the contempt, the Court may amend or cancel any\norder imposing punishment for the contempt, and if it does so may\norder the refund of all or part of any fine that has been paid.\nDivision 5 Rules and directions\n48 Rules of court\n(1) The Chief Judge and at least 4 other Judges may make rules of\ncourt under this Act.\n\nPart 5 Judges of the Local Court\nDivision 1 Chief Judge, Deputy Chief Judges and Judges\nSubdivision 1 Establishment of offices, powers and functions\nLocal Court Act 2015 23\n(2) Without limiting subsection (1), rules of court may provide for the\nfollowing:\n(a) the practice and procedure of the Court in the exercise of any\nof its jurisdiction, whether conferred by this or another Act;\n(b) resolution of proceedings by mediation, arbitration or other\nmethods of dispute resolution;\n(c) matters relating to orders of the Court and their enforcement\n(including, for example, examination of judgment debtors,\npayment of interested on judgment debts and the seizure and\nsale of property);\n(d) the practice and procedure of the Court's registries and other\noffices;\n(e) any matters relating to the conduct of any business of the\nCourt.\n49 Practice directions\n(1) The Chief Judge may issue directions (to be called practice\ndirections) about the following:\n(a) the practice and procedure of the Court in the exercise of any\nof its jurisdiction, whether conferred by this or another Act;\n(b) the practice and procedure of the Court's registries and other\noffices.\n(2) If a practice direction is inconsistent with the Rules, the Rules\nprevail to the extent of the inconsistency.\nPart 5 Judges of the Local Court\nDivision 1 Chief Judge, Deputy Chief Judges and Judges\nSubdivision 1 Establishment of offices, powers and functions\n50 Judicial offices\n(1) There is to be:\n(a) a Chief Judge of the Local Court; and\n(b) the number of Deputy Chief Judges of the Local Court\ndetermined by the Minister; and\n\nPart 5 Judges of the Local Court\nDivision 1 Chief Judge, Deputy Chief Judges and Judges\nSubdivision 2 Appointment, terms of office etc.\nLocal Court Act 2015 24\n(c) the number of other Judges of the Local Court determined by\nthe Minister.\n(2) A person appointed as Chief Judge or a Deputy Chief Judge also\nholds office as a Judge of the Local Court.\n51 Functions of Judges\n(1) The Chief Judge, a Deputy Chief Judge or any other Judge has the\nfunctions conferred by this or another Act.\n(2) A Judge may also exercise the functions of a JP or registrar.\n52 Powers of Judges\nA Judge has the powers necessary to perform the Judge's\nfunctions.\nSubdivision 2 Appointment, terms of office etc.\n53 Appointment\n(1) The Administrator may, by instrument, appoint a person to be one\nof the following:\n(a) the Chief Judge;\n(b) a Deputy Chief Judge;\n(c) a Judge mentioned in section 50(1)(c).\n(2) A person is eligible to be appointed if the person:\n(a) is under 72 years of age; and\n(b) is a lawyer and has been for at least 5 years.\n54 Full-time or part-time appointment\n(1) A Judge may be appointed on a full-time or part-time basis.\n(2) Unless the appointment provides otherwise, a Judge is appointed\non a full-time basis.\n55 Salary, allowances and benefits\n(1) A Judge is entitled to receive salary, allowances and other benefits\nas determined by the Remuneration Tribunal under section 7 of the\nAssembly Members and Statutory Officers (Remuneration and\nOther Entitlements) Act 2006.\n\nPart 5 Judges of the Local Court\nDivision 1 Chief Judge, Deputy Chief Judges and Judges\nSubdivision 2 Appointment, terms of office etc.\nLocal Court Act 2015 25\n(2) The salary, allowances and other benefits to which a Judge is\nentitled must not be altered to the Judge's detriment during the\nJudge's term of office.\n(3) Salaries, allowances and other benefits payable under this section\nare to be paid from the Central Holding Authority, which is\nappropriated accordingly.\n56 Vacation of office\nA Judge holds office until one of the following occurs:\n(a) the Judge turns 72 years of age;\n(b) the Judge resigns by written notice to the Minister;\n(c) the Judge's appointment is terminated under section 57.\n57 Termination of appointment of Judge\n(1) The Administrator may, in writing, terminate the appointment of a\nJudge on the address of the Legislative Assembly seeking the\nremoval of the Judge on the grounds of incapacity or misbehaviour.\n(2) However, the appointment of a Judge must not be terminated under\nsubsection (1) unless:\n(a) a report from an investigation panel is received by the\nAdministrator under section 57 of the Judicial Commission\nAct 2020; and\n(b) the investigation panel states in the report its opinion that the\nmatter could justify termination of the Judge's appointment on\nthe grounds of incapacity or misbehaviour.\n58 Completion of pending proceedings\n(1) This section applies if a person vacates office as a Judge other\nthan as a result of the person's appointment being terminated.\n(2) The person may finish dealing with any proceedings that are then in\nprogress before the person, and for that purpose is taken to be an\nacting Judge until those proceedings are determined.\n59 Acting Chief Judge\n(1) This section applies if:\n(a) the office of Chief Judge is vacant; or\n\nPart 5 Judges of the Local Court\nDivision 1 Chief Judge, Deputy Chief Judges and Judges\nSubdivision 2 Appointment, terms of office etc.\nLocal Court Act 2015 26\n(b) the Chief Judge is unable, because of illness, absence or\nother cause, to perform the functions of the office.\n(2) The following person is to act in the office of the Chief Judge:\n(a) if a person has been appointed under subsection (3) – that\nperson; or\n(b) otherwise:\n(i) if there is one Deputy Chief Judge – the Deputy Chief\nJudge; or\n(ii) if there are 2 or more Deputy Chief Judges – the one\nwho was first appointed as a Deputy Chief Judge.\n(3) The Administrator may appoint a Judge to act in the office of the\nChief Judge:\n(a) during a vacancy in the office; or\n(b) during a period or all periods when the person holding the\noffice is unable to perform the functions of the office.\n(4) A person appointed under subsection (3) holds office until:\n(a) the expiry of the period (not exceeding 12 months) specified in\nthe appointment; or\n(b) the person ceases to be a Judge.\n59A Acting Deputy Chief Judge\n(1) The Administrator or Minister may, in writing, appoint a Judge to act\nin the office of Deputy Chief Judge if:\n(a) there is a vacancy in the office; or\n(b) a Deputy Chief Judge is unable, because of illness, absence\nor other cause, to perform the functions of the office.\n(2) A Judge may be appointed under subsection (1) for a term,\nspecified in the appointment, not exceeding:\n(a) if the appointment is made by the Administrator – 12 months;\nor\n(b) if the appointment is made by the Minister – 3 months.\n\nPart 5 Judges of the Local Court\nDivision 2 Acting Judges\nLocal Court Act 2015 27\n(3) An acting Deputy Chief Judge may be reappointed.\n(4) An acting Deputy Chief Judge has all the functions and powers of a\nDeputy Chief Judge.\nDivision 2 Acting Judges\n60 Appointment\n(1) The Administrator or Minister may, by instrument, appoint a person\nto be an acting Judge.\n(2) An acting Judge may be appointed:\n(a) for a specified period of time; or\n(b) to work on an as needed basis when required by the Chief\nJudge.\n(3) A person is eligible to be appointed if the person:\n(a) is under 75 years of age; and\n(b) is a lawyer and has been for at least 5 years.\n(4) A person may be appointed for a term, specified in the\nappointment, not exceeding:\n(a) if the appointment is made by the Administrator – 12 months;\nor\n(b) if the appointment is made by the Minister – 3 months.\n(5) An acting Judge may be reappointed.\n61 Functions and powers of acting Judge\nAn acting Judge has all of the functions and powers of a Judge\nmentioned in 50(1)(c).\n62 Conditions of appointment\nAn acting Judge holds office on the conditions (including salary,\nallowances and other benefits) determined by the appointer.\n63 Vacation of office\nAn acting Judge holds office until one of the following occurs:\n(a) the acting Judge's term of appointment expires;\n\nPart 5 Judges of the Local Court\nDivision 3 General matters\nLocal Court Act 2015 28\n(b) the acting Judge turns 75 years of age;\n(c) the acting Judge resigns by written notice to the Minister;\n(d) the acting Judge's appointment is terminated by the appointer.\n64 Completion of pending proceedings\n(1) This section applies if a person vacates office as an acting Judge\nother than as a result of the person's appointment being terminated.\n(2) The person may finish dealing with any proceedings that are then in\nprogress before the person, and for that purpose is taken to\ncontinue to hold office as an acting Judge until those proceedings\nare determined.\nDivision 3 General matters\n65 Oath of office\n(1) A Judge or acting Judge must take an oath of office before\nperforming any of the functions of the office.\n(2) The oath must be in the form set out in the Schedule.\n(3) The oath must be administered by:\n(a) a Supreme Court Judge; or\n(b) if it is administered outside the Territory – a person authorised\nby the Administrator.\n(4) However, a person need not take an oath under subsection (1) if\nthe person has previously taken an oath under this section.\n66 Prohibition of other work\n(1) A Judge or acting Judge must not:\n(a) engage in legal practice (whether for reward or not); or\n(b) accept appointment to another statutory office (whether for\nreward or not) without the consent of the Minister; or\n(c) engage in any other paid work outside the person's duties as\na Judge or acting Judge without the consent of the Minister.\n(2) The Minister must consult with the Chief Judge before giving\nconsent under subsection (1), unless the consent relates to the\nChief Judge.\n\nPart 6 Other Court officers\nDivision 1 Judicial registrars\nLocal Court Act 2015 29\n(3) In this section:\nstatutory office means an office or position under an Act of the\nTerritory or any other jurisdiction.\n67 Acts done by Judge outside the Territory\n(1) An act done by a Judge or acting Judge outside the Territory for the\npurpose of authenticating the signature of a person to an instrument\nintended to take effect in the Territory is effective for the purposes\nof any law of the Territory.\n(2) An oath administered by a Judge or acting Judge outside the\nTerritory in any case in which an oath may be administered by a\nJudge is effective for the purposes of any law of the Territory.\n(3) This section applies unless another law requires the act to be done,\nor oath to be administered, in the Territory.\n67A Validity of acts\nThe Court's exercise of its jurisdiction is not affected only by reason\nof a defect in the appointment of a Judge or an acting Judge.\nPart 6 Other Court officers\nDivision 1 Judicial registrars\n68 Appointment of judicial registrars\n(1) The Minister may appoint a person to be a judicial registrar of the\nCourt.\n(2) A person is eligible to be appointed if the person:\n(a) is, or is qualified to be, admitted to the legal profession; and\n(b) is a public sector employee.\n(3) A person ceases to be a judicial registrar if the person ceases to be\neligible under subsection (2).\n69 Functions of judicial registrars\nThe functions of a judicial registrar are as follows:\n(a) to exercise the jurisdiction of the Court as mentioned in\nsection 6(2) and (3);\n\nPart 6 Other Court officers\nDivision 2 Principal registrar and other registrars\nLocal Court Act 2015 30\n(b) to perform functions conferred by the Rules;\n(c) to perform any other functions conferred by this or another\nAct.\nNote for section 69\nUnder section 71(2) a judicial registrar is also a registrar, and in that capacity has\nfunctions under section 72.\n70 Powers of judicial registrars\nA judicial registrar has the powers necessary to perform the judicial\nregistrar's functions.\n70A Review of decision of judicial registrar\n(1) This section applies if a judicial registrar makes a decision in\nproceedings in the exercise of the jurisdiction of the Court.\n(2) A party to the proceedings may appeal against the decision to the\nCourt constituted by a Judge.\n(3) The appeal must be commenced within 14 days after the judicial\nregistrar's decision was made.\n(4) The Court may extend the period mentioned in subsection (3), and\nmay do so even if that period has expired.\n(5) Unless the Court orders otherwise, an appeal does not operate as a\nstay of the judicial registrar's decision.\n(6) The appeal is to be by way of a new hearing of the issue that was\nbefore the judicial registrar.\nDivision 2 Principal registrar and other registrars\n71 Principal registrar and registrars\n(1) The Chief Executive Officer may assign a public sector employee to\nbe:\n(a) the principal registrar of the Court; or\n(b) a registrar of the Court.\n(2) A judicial registrar or the principal registrar is also a registrar of the\nCourt.\n\nPart 6 Other Court officers\nDivision 2 Principal registrar and other registrars\nLocal Court Act 2015 31\n72 Functions of registrars\nThe functions of the principal registrar and other registrars are as\nfollows:\n(a) to exercise powers delegated under section 74;\n(b) to perform administrative functions conferred by the Rules;\n(c) to perform any other functions conferred by this or another\nAct;\n(d) to perform any other administrative functions as directed by\nthe Chief Judge.\n73 Powers of registrars\nA registrar has the powers necessary to perform the registrar's\nfunctions.\n74 Delegation of jurisdiction to registrars\n(1) Subject to this section, the Rules may delegate to the principal\nregistrar or other registrars any of the Court's powers in the\nexercise of its jurisdiction.\n(2) The Rules cannot delegate the power, in the exercise of the Court's\ncivil jurisdiction, to:\n(a) hear and determine a claim; or\n(b) conduct the hearing of an appeal.\n(3) The Rules cannot delegate the power, in the exercise of the Court's\ncriminal jurisdiction, to:\n(a) conduct a preliminary examination (as defined in\nsection 18(3)); or\n(b) hear and determine a charge of an offence.\n(4) The Rules cannot delegate the power to punish a person for a\ncontempt of the Court.\n75 Review of decision of registrar in exercise of delegated\njurisdiction\n(1) This section applies if a registrar makes a decision in proceedings\nin the exercise of a power delegated under section 74.\n\nPart 6 Other Court officers\nDivision 3 Bailiffs\nLocal Court Act 2015 32\n(2) A party to the proceedings may appeal against the decision to the\nCourt.\n(3) For hearing the appeal, the Court must be constituted by a Judge.\n(4) The appeal must be commenced within 14 days after the registrar's\ndecision was made.\n(5) The Court may extend the period mentioned in subsection (4), and\nmay do so even if that period has expired.\n(6) Unless the Court orders otherwise, an appeal does not operate as a\nstay of the registrar's decision.\n(7) The appeal is to be by way of a new hearing of the issue that was\nbefore the registrar.\nDivision 3 Bailiffs\nNote for Division 3\nPrivate bailiffs may be employed under Part 7 of the Commercial and Private\nAgents Licensing Act 1979.\n76 Bailiffs\n(1) The Chief Judge may appoint a person to be a bailiff of the Court.\n(2) A police officer may perform the functions of a bailiff of the Court:\n77 Functions of bailiff\nThe functions of a bailiff are as follows:\n(a) to serve and execute any process issued by the Court;\n(b) to perform functions conferred by the Rules;\n(c) to perform any other functions conferred by this or another\nAct;\n(d) to perform any other functions as directed by a Judge.\n78 Powers of bailiff\nA bailiff has the powers necessary to perform the bailiff's functions.\n\nPart 7 Miscellaneous\nLocal Court Act 2015 33\nDivision 4 Interstate or overseas arrangements\n79 Out-of-Territory registrars\n(1) If the Court is required to perform its functions at a place outside\nthe Territory, the Minister may appoint a person as an\nout-of-Territory registrar for that place.\n(2) A person is eligible to be appointed if:\n(a) the person is a registrar or deputy registrar of a court of the\njurisdiction in which the place is located; or\n(b) the Minister is satisfied that the person is otherwise\nappropriately qualified.\n(3) An out-of-Territory registrar holds office on the conditions (including\nremuneration, expenses and allowances) to which the registrar is\nentitled under the law of the other jurisdiction.\n(4) A person who was eligible under subsection (2)(a) ceases to be an\nout-of-Territory registrar if the person ceases to hold the office\nmentioned in that paragraph.\n(5) A person may resign as an out-of-Territory registrar by giving\nwritten notice to the Minister.\n80 Registrars may hold appointments for other jurisdictions\nWith the approval of the Minister, a registrar of the Court may\nconcurrently hold office as a registrar or deputy registrar of a court\nof another jurisdiction.\nPart 7 Miscellaneous\n81 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) Without limiting section 65 of the Interpretation Act 1978,\nregulations may be made in respect of any matter that is necessary\nor convenient to be prescribed for the exercise by the Court of any\nof its jurisdiction, whether conferred by this or another Act.\n(3) Without limiting subsection (1), regulations may provide for fees\npayable in relation to any proceedings in the Court.\n\nPart 7A Validation\nLocal Court Act 2015 34\nPart 7A Validation\n81A Appointments to Court\n(1) Elizabeth Jane Morris is taken to have been appointed under\nsection 53(1)(b) as a Deputy Chief Judge on and from\n29 July 2017.\n(2) Sarah Jane McNamara is taken to have been appointed under\nsection 53(1)(c) as a Judge on and from 13 March 2017.\n(3) Gregory John Macdonald is taken to have been appointed under\nsection 53(1)(c) as a Judge on and from 31 July 2017.\n(4) Richard Johnston Wallace is taken to have been appointed under\nsection 60(1) as an acting Judge for the following periods:\n(a) from 1 August 2016 to 31 October 2016;\n(b) for a period of 3 months on and from 30 January 2017;\n(c) from 2 May 2017 to 1 May 2018;\n(d) from 2 May 2018 to 1 May 2019.\n(5) Sarah Jane McNamara is taken to have been appointed under\nsection 60(1) as an acting Judge for the period from\n5 September 2016 to 18 October 2016.\n(6) Richard James Coates is taken to have been appointed under\nsection 60(1) as an acting Judge for the following periods:\n(a) for a period of 3 months on and from 30 January 2017;\n(b) from 2 May 2017 to 1 May 2018.\n(7) The Administrator may make regulations under this Part\nprescribing:\n(a) a person who is taken to have been appointed to a specified\nposition under this Act; and\n(b) the period, or the date from which, that appointment is taken\nto have had effect.\n(8) A regulation made under subsection (7) may have retrospective\neffect for a period:\n(a) beginning on, or on and from a date on or after, the day on\nwhich section 53 commenced; and\n\nPart 8 Repeals and transitional matters for Local Court Act 2015\nDivision 1 Repeals\nLocal Court Act 2015 35\n(b) ending immediately before the day on which section 7 of the\nLocal Court Amendment (Judicial Appointments) Act 2018\ncommenced.\n81B Validation of certain judicial appointments\nAn appointment specified by or under section 81A is a valid\nappointment and is taken to have always been a valid appointment\ndespite the failure to publish a Gazette notice of appointment on or\nbefore the day on which the appointment was purported to take\neffect.\n81C Validation of acts performed\n(1) If a person appointed under an appointment specified by or under\nsection 81A performed or purported to perform, or performs or\npurports to perform, any act under this Act or any other Act, that act\nis not invalid, and is taken never to have been invalid, by reason\nonly of a defect in the appointment of the person under this Act.\n(2) Any act performed or purported to have been performed under this\nAct or any other Act by a person under an appointment specified by\nor under section 81A is taken to have, and always to have had, the\nsame force and effect as it would have had if the person had been\nvalidly appointed under this Act before the act was performed or\npurported to have been performed.\n(3) Without limiting subsections (1) and (2), the performance of an act\nunder this Act or any other Act includes the following:\n(a) the exercise or purported exercise of any power;\n(b) the making or purported making of any decision;\n(c) the granting or purported granting or issuing or purported\nissuing of any order or any other document;\n(d) the performance or purported performance of any function.\nPart 8 Repeals and transitional matters for Local\nCourt Act 2015\nDivision 1 Repeals\n82 Laws repealed\nThe laws specified in Schedule 2 are repealed.\n\nPart 8 Repeals and transitional matters for Local Court Act 2015\nDivision 2 Transitional matters\nLocal Court Act 2015 36\nDivision 2 Transitional matters\n83 Definitions\nIn this Part:\ncommencement means the commencement of section 4.\nCourt of Summary Jurisdiction means:\n(a) the court of summary jurisdiction under the Justices Act; or\n(b) a magistrate, justice of the peace, or 2 or more justices of the\npeace, exercising a function under the Justices Act 1928.\nJustices Act means the Justices Act 1928 as in force before the\ncommencement.\nNote for definition Justices Act\nThe Justices Act will be amended and renamed by the Local Court (Repeals and\nRelated Amendments) Act 2016. It will then be known as the Local Court\n(Criminal Procedure) Act.\nMagistrates Act means the Magistrates Act 1977 as in force\nbefore the commencement.\nnew Local Court means the Local Court established by section 4.\nold Local Court means the Local Court established by the old\nLocal Court Act.\nold Local Court Act means the Local Court Act 1989 (being Act\nNo. 31 of 1989 as amended) in force before the commencement.\nNote for definition old Local Court Act\nThe old Local Court Act will be amended and renamed by the Local Court\n(Repeals and Related Amendments) Act 2016. It will then be known as the Local\nCourt (Civil Procedure) Act.\n84 New Local Court is a continuation of old Courts\n(1) On the commencement, the old Local Court and the Court of\nSummary Jurisdiction:\n(a) are amalgamated and become the new Local Court; and\n(b) cease to exist as separate courts.\n\nPart 8 Repeals and transitional matters for Local Court Act 2015\nDivision 2 Transitional matters\nLocal Court Act 2015 37\n(2) A reference (in an Act or other document) to the new Local Court\nincludes, in relation to a time before the commencement, a\nreference to the old Local Court or the Court of Summary\nJurisdiction (as the case requires), unless the context otherwise\nrequires.\nExamples for subsection (2)\n1 The reference in section 163 of the Local Court (Criminal Procedure)\nAct 1928 to \"a party to proceedings before the Local Court\" would include\na person who was, before the commencement, a party to proceedings\nbefore the Court of Summary Jurisdiction.\n2 A reference to \"a warrant issued by the Local Court\" would include a\nwarrant issued by a magistrate under the Justices Act.\n(3) A reference (in an Act or other document) that was made before the\ncommencement to the old Local Court or the Court of Summary\nJurisdiction includes a reference to the new Local Court, unless the\ncontext otherwise requires.\n85 Office holders\n(1) For section 50(1)(b) and (c), until the Minister determines\notherwise:\n(a) the number of Deputy Chief Judges is 1; and\n(b) the number of other Judges is 12.\n(2) On the commencement, a person who held an office under a\nrepealed provision listed in the Table to this section (an old office)\nimmediately before the commencement, becomes the holder of the\noffice under this Act listed in the Table for that old office (the new\noffice).\n(3) The person:\n(a) holds the new office on the same terms and conditions\n(including entitlements determined under the Assembly\nMembers and Statutory Officers (Remuneration and Other\nEntitlements) Act 2006) as applied in relation to the old office;\nand\n(b) is considered to have fulfilled any preconditions required to\nperform the functions of the new office; and\n\nPart 8 Repeals and transitional matters for Local Court Act 2015\nDivision 2 Transitional matters\nLocal Court Act 2015 38\n(c) if the person's appointment to the old office was for a specified\nterm – for the remainder of that term.\nExample for subsection (3)(b)\nFor example, a Stipendiary Magistrate who holds the new office of Judge is\nconsidered to have taken the oath required to perform the functions of that new\noffice.\n(4) A reference (in an Act or other document) to a new office includes,\nin relation to a time before the commencement, a reference to the\nold office for which the new office is listed, unless the context\notherwise requires.\n(5) A reference (in an Act or other document) that was made before the\ncommencement to an old office includes a reference to the new\noffice listed for that old office, unless the context otherwise requires.\n(6) A reference (in an Act or other document) that was made before the\ncommencement to the clerk, or a clerk, of the Court of Summary\nJurisdiction includes a reference to a registrar, unless the context\notherwise requires.\nTable of office holders\nOld office New office\n1 Chief Magistrate under section 4(1)(a)\nof the Magistrates Act\nChief Judge\n2 Deputy Chief Magistrate under\nsection 4(1)(b) of the Magistrates Act\nDeputy Chief Judge\n3 Stipendiary Magistrate under\nsection 4(1)(b) of the Magistrates Act\nJudge as mentioned in\nsection 50(1)(c)\n4 Acting Chief Magistrate under\nsection 9(1) of the Magistrates Act\nacting Chief Judge\nunder section 59(3)\n5 Acting Stipendiary Magistrate under\nsection 9(2) of the Magistrates Act\nacting Judge\n6 Relieving Magistrate under section 9A\nof the Magistrates Act\nacting Judge\n7 Special Magistrate under section 14 of\nthe Magistrates Act\nacting Judge\n8 Cross-border magistrate under section 13B\nof the Magistrates Act as modified by the\nCross-border Justice Regulations 2009\nCross-border Judge\nunder section 59A of the\nLocal Court Act 2015 as\nmodified by the\nCross-border Justice\nRegulations 2009\n\nPart 8 Repeals and transitional matters for Local Court Act 2015\nDivision 2 Transitional matters\nLocal Court Act 2015 39\nOld office New office\n9 Judicial Registrar under section 9(1) of\nthe old Local Court Act\njudicial registrar\n10 Registrar under section 9(1) of the old\nLocal Court Act\nregistrar under\nsection 71(1)(b)\n11 Deputy Registrar under section 9(1) of\nthe old Local Court Act\nregistrar under\nsection 71(1)(b)\n12 Judicial Registrar, Registrar or Deputy\nRegistrar under section 9(4) of the\nold Local Court Act\nout-of-Territory registrar\nunder section 79\n13 Bailiff under section 10A of the old Local\nCourt Act\nbailiff\n86 Ongoing proceedings\n(1) On the commencement, proceedings currently before the old Local\nCourt or Court of Summary Jurisdiction become proceedings before\nthe new Local Court.\n(2) Those proceedings continue uninterrupted and, subject to\nsubsections (3) and (4), are not affected by the enactment of this\nAct or the Local Court (Repeals and Related Amendments)\nAct 2016.\n(3) If, as a result of the enactment of this Act or the Local Court\n(Repeals and Related Amendments) Act 2015, the procedure\napplicable to the proceedings after the commencement (the new\nprocedure) is different from that which would have applied had\nthose Acts not been enacted (the old procedure), the proceedings\nare to be conducted in accordance with the new procedure.\n(4) However, if the Court is satisfied that conducting the proceedings in\naccordance with the new procedure would be unfair on a party to\nthe proceedings, the Court may conduct the proceedings in\naccordance with the old procedure to the extent the Court thinks fit.\n87 Judgments, orders and process\nOn the commencement, all judgments given, orders made and\nprocess issued by the old Local Court or Court of Summary\nJurisdiction before the commencement and having ongoing effect,\nbecome judgments, orders and process of the new Local Court.\n\nPart 8 Repeals and transitional matters for Local Court Act 2015\nDivision 2 Transitional matters\nLocal Court Act 2015 40\n88 Continuation of things done by Magistrates\nDespite the repeal of the Magistrates Act, anything done or made\nby a Magistrate (as defined in that Act) that is in effect immediately\nbefore the commencement continues with the same force and\neffect after the commencement as if it had been done by a Judge.\n89 Regulations, Rules and practice directions\n(1) On the commencement, the following rules in force under the old\nLocal Court Act immediately before the commencement, become\nrules of court under section 48:\n(a) Local Court Rules 1998;\n(b) Local Court (Adoption of Children) Rules 1994.\n(2) On the commencement, the Justices Regulations 1929 in force\nunder the Justices Act immediately before the commencement,\nbecome rules of court under section 48.\n(3) On the commencement, all practice directions made under\nsection 21 of the old Local Court Act or section 201A of the Justices\nAct that are in force immediately before the commencement\nbecome practice directions under section 49.\n(4) To the extent those rules or practice directions relate to\nproceedings, they become rules or practice directions relating to:\n(a) if they were made under the old Local Court Act – civil\nproceedings; or\n(b) if they were made under the Justices Act – criminal\nproceedings.\n90 Directions to judicial officers\nOn the commencement, all directions made under section 13A of\nthe Magistrates Act that are in force immediately before the\ncommencement become directions under section 22.\n91 Approval of places to sit\nOn the commencement, all appointments of places under\nsection 13 of the Magistrates Act that are in force immediately\nbefore the commencement become approvals under section 24(1).\n\nPart 9 Transitional matters for Justice Legislation Amendment (Small Claims and\nOther Matters) Act 2016\nLocal Court Act 2015 41\n92 Contempt\n(1) Part 4, Division 4 does not apply in relation to conduct engaged in\nbefore the commencement.\n(2) Despite their repeal, sections 33 and 34 of the old Local Court Act\nand sections 26, 26A(2), 46 and 108A of the Justices Act continue\nto apply in relation to conduct engaged in before the\ncommencement as if they had not been repealed.\n93 Prerogative writs in civil proceedings\nDespite the repeal of section 35 of the old Local Court Act, the\nSupreme Court does not have jurisdiction to grant relief or a\nremedy in the nature of certiorari, mandamus, prohibition or quo\nwarranto in relation to anything done or not done by the old Local\nCourt or an officer of that Court before the commencement.\n94 References to repealed Acts\nA reference (in an Act or other document) to this Act or a provision\nof this Act includes, in relation to a time before the commencement,\na reference to the old Local Court Act, the Justices Act or the\nMagistrates Act, or the corresponding provision of any of those Acts\n(as the case requires), unless the context otherwise requires.\nExample for section 94\nThe reference in section 65(4) to a person having previously taken an oath under\nsection 65(1) includes a reference to a person having previously taken an oath\nunder the corresponding provision (section 20) of the Magistrates Act.\nPart 9 Transitional matters for Justice Legislation\nAmendment (Small Claims and Other Matters)\nAct 2016\n95 Application of section 44A\nSection 44A does not apply in relation to proceedings that were\ncommenced in the old Local Court (as defined in section 83) before\nthe commencement of section 9 of the Small Claims Act 2016.\nNote for section 95\nProceedings commenced in the old Local Court that are ongoing at the\ncommencement of the Local Court Act 2015 are continued by section 86.\n\nPart 10 Transitional matters for Justice and Other Legislation Amendment Act 2021\nLocal Court Act 2015 42\nPart 10 Transitional matters for Justice and Other\nLegislation Amendment Act 2021\n96 Appeal of registrar's decisions\nSection 70A applies only in relation to a decision made after the\ncommencement of that section.\n\nSchedule 1 Oath of office for Judge\nLocal Court Act 2015 43\nSchedule 1 Oath of office for Judge\nsection 65\nI, ___________________________ [promise/ swear etc. as required by\nOaths, Affidavits and Declarations Act 2010] that I will be faithful and bear true\nallegiance to [Sovereign's name], their heirs and successors, according to\nlaw, that I will well and truly serve in the office of\n______________________________ and that I will do right to all manner of\npeople according to law, without fear or favour, affection or ill-will.\n[So help me God! or as appropriate]\n\nSchedule 2 Laws repealed\nLocal Court Act 2015 44\nSchedule 2 Laws repealed\nsection 82\nMagistrates Ordinance 1977 Act No. 4, 1977\nMagistrates Ordinance 1978 Act No. 14, 1978\nMagistrates Act 1979 Act No. 152, 1979\nMagistrates Amendment Act 1980 Act No. 12, 1981\nMagistrates Amendment Act 1988 Act No. 35, 1988\nMagistrates Amendment Act 1998 Act No. 5, 1998\nMagistrates Amendment Act (No. 2) 1998 Act No. 45, 1998\nMagistrates Amendment Act 2004 Act No. 49, 2004\nMagistrates Amendment Act 2005 Act No. 36, 2005\n\nENDNOTES\nLocal Court Act 2015 45\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLocal Court Act 2015 (Act No. 15, 2015)\nAssent date 22 May 2015\nCommenced 1 May 2016 (Gaz G1, 6 January 2016, p 9)\nJustice Legislation Amendment (Small Claims and Other Matters) Act 2016 (Act\nNo. 3, 2016)\nAssent date 2 March 2016\nCommenced pt 3: nc (rep by No. 33, 2019 before comm); rem: 1 May 2016\n(s 2, s 2 Local Court Act 2015 (Act No. 15, 2015), Gaz G1,\n6 January 2016, p 9 and Gaz G15, 13 April 2016, p 4)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nJustice and Other Legislation Amendment (Records of Depositions and Other Matters)\nAct 2016 (Act No. 16, 2016)\nAssent date 8 June 2016\nCommenced 1 July 2016 (Gaz S59, 1 July 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nLocal Court Amendment (Judicial Appointments) Act 2018 (Act No. 23, 2018)\nAssent date 8 November 2018\nCommenced 8 November 2018\n\nENDNOTES\nLocal Court Act 2015 46\nJustice Legislation Amendment Act 2019 (Act No. 1, 2019)\nAssent date 22 February 2019\nCommenced 23 February 2019 (s 2)\nCourts Legislation Amendment Act 2020 (Act No. 1, 2020)\nAssent date 9 March 2020\nCommenced 10 March 2020 (s 2)\nJudicial Commission Act 2020 (Act No. 17, 2020)\nAssent date 1 July 2020\nCommenced 10 November 2021 (Gaz G45, 10 November 2021, p 1)\nJustice and Other Legislation Amendment Act 2021 (Act No. 7, 2021)\nAssent date 13 April 2021\nCommenced 14 April 2021 (s 2)\nJustice Legislation Amendment (Electronic Documents) Act 2022 (Act No. 2, 2022)\nAssent date 1 March 2022\nCommenced 2 March 2022 (s 2)\nStatute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023)\nAssent date 20 April 2023\nCommenced 21 April 2023 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 3, 7, 13, 13A, 17, 18,\n33A, 35, 46, 55, 81, 83, 84, 85 and 88 and sch 1.\n4 LIST OF AMENDMENTS\ns 3 amd No. 3, 2016, s 14\ns 7 amd No. 9, 2016, s 26\ns 13 amd No. 3, 2016, s 15\ns 13A ins No. 3, 2016, s 16\ns 15 amd No. 3, 2016, s 17\ns 26 amd No. 1, 2020, s 10\ns 26A ins No. 1, 2020, s 11\ns 29 amd No. 2, 2022, s 14\ns 30 amd No. 2, 2022, s 15\ns 31 amd No. 2, 2022, s 16\nss 31A – 31B ins No. 2, 2022, s 17\ns 33 amd No. 2, 2022, s 18\ns 33A ins No. 16, 2016, s 6\ns 44A ins No. 3, 2016, s 18\ns 53 amd No. 23, 2018, s 4; No. 1, 2019, s 10\ns 56 amd No. 1, 2019, s 11\ns 57 sub No. 17, 2020, s 87\ns 59A ins No. 7, 2021, s 17\ns 60 amd No. 23, 2018, s 5\ns 67A ins No. 23, 2018, s 6\ns 70A ins No. 7, 2021, s 18\npt 7A hdg ins No. 23, 2018, s 7\n\nENDNOTES\nLocal Court Act 2015 47\nss 81A – 81C ins No. 23, 2018, s 7\npt 8 hdg amd No. 3, 2016, s 19\npt 8\ndiv 2 hdg amd No. 3, 2016, s 20\ns 85 amd No. 9, 2016, s 27; No. 4, 2017, s 34\ns 86 amd No. 8, 2016, s 45\npt 9 hdg ins No. 3, 2016, s 21\ns 94 ins No. 3, 2016, s 21\npt 10 hdg ins No. 7, 2021, s 19\ns 96 ins No. 7, 2021, s 19\nsch 1 amd No. 10, 2023, s 5","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act consolidates and replaces earlier local court statutes, amalgamating the old Local Court and Court of Summary Jurisdiction into a single new Local Court (section 84). It renames and reclassifies offices (section 85 and accompanying Table), introduces judicial registrars and explicit registrar delegation arrangements (sections 68–75), expands statutory provisions for records, access and electronic documents (sections 26, 26A, 27–33A, 31A–31B), and includes validation of past appointments and acts (sections 81A–81C). Those changes alter the institutional and administrative scope of the local court system relative to the prior statutes by centralising functions, adding administrative roles and modernising document/record rules."},"complexity_factors":["Large structure with multiple Parts and Divisions covering jurisdiction, administration, officers, records, procedure and transitional matters (many cross-references).","Interplay with many other Acts and external bodies (Tribunal, Supreme Court rules, Criminal Code, Local Court (Criminal Procedure) Act) requiring cross-legislative interpretation (see sections 13A, 17, 35).","Layered delegation and non-delegation rules creating mixed administrative/judicial functions (registrar delegations limited by section 74).","Detailed record-keeping and access regime with conditional access, fees and exceptions (sections 27–33A, 31A–31B, 32) that raise operational compliance obligations.","Multiple appointment and tenure regimes (Judges, acting Judges, judicial registrars, out-of-Territory registrars) with differing age limits, appointing authorities and terms (sections 53–64, 79).","Transitional and validation provisions that carry forward historic appointments, proceedings and instruments and permit retrospective validation (Part 7A and Part 8), complicating temporal scope.","Discretion vested in the Chief Judge, Minister and Administrator over administration, venues and numbers of judges (sections 20, 24, 50), requiring coordination between judicial and executive actors.","Introduction of electronic document powers while leaving technical details to Rules and practice directions (section 26A), creating implementation risk and dependence on subordinate instruments."],"plain_english_summary":"# What this law does (mechanics first)\n\n- Establishes a single Local Court for the Northern Territory and sets out how that Court is constituted and run (Part 2; sections 4–8). The Court hears civil and criminal matters described in Part 3 (sections 9–19).\n- Fixes the civil money jurisdictional limit at $250,000 (section 12) and permits the Court to hear equitable claims and property claims up to that limit or with written consent of the parties (section 13).\n- Confers criminal summary-jurisdiction powers: summary offences, indictable offences that may be heard summarily, and preliminary examinations for indictable offences (section 18).\n- Provides administrative structure and powers: a Chief Judge with responsibility for orderly and expeditious exercise of the Court’s jurisdiction (section 20); divisions for civil, criminal and other specialist business (section 21); and rules for where and when the Court sits and how registries are run (sections 24–25).\n- Authorises multiple types of court composition: Judges, judicial registrars, and justices of the peace in prescribed circumstances (section 6). It limits what non-Judges may decide (section 6(3), (5)).\n- Sets out appointment, terms, retirement ages and removal processes for Judges and acting Judges (sections 50–64, 56–57). It protects judicial remuneration from reduction during a term (section 55(2)).\n- Creates a framework for court officers: judicial registrars, principal registrar and other registrars, and bailiffs, and specifies their functions, powers and review rights (sections 68–78, 70A, 74–75).\n- Requires the principal registrar to keep case files and other Court records and establishes who may inspect or obtain copies, and on what conditions (sections 27–33A, 29–31A). The Court may charge fees for access (section 32).\n- Allows the Court to issue or transmit orders, judgments and other documents electronically (section 26A) and to use stamps or an electronic seal (section 26).\n- Contains contempt powers and penalties (sections 45–47), powers to exclude persons from hearings (sections 36–38), and rules-making and practice-direction powers (sections 48–49).\n- Includes transitional and validation provisions to carry over proceedings, appointments, and decisions from the previous Local Court and related courts (Part 8 and Part 7A; sections 81A–81C, 84–91).\n\n# Official purpose-claim and how it is delivered\n\nThe Act’s stated purpose is to establish the Local Court and provide the necessary statutory architecture for its jurisdiction, officers and administration (Long title; Part 2). It implements that by (a) defining jurisdictional boundaries and procedures (Part 3), (b) creating offices and appointment/term rules for Judges and other officers (Parts 5–6), and (c) prescribing administrative, record-keeping and access arrangements (Part 4). The Act explicitly carries forward and consolidates the functions of earlier courts so that ongoing proceedings, orders and officers continue without interruption (sections 84–88).\n\n# Testing the mechanics against costs, incentives, trade-offs and risks\n\nWho pays\n- Judicial salaries, allowances and related benefits are payable from the Central Holding Authority (section 55(3)).\n- The regulations may prescribe fees for access to Court records and for proceedings (section 81(3); section 32). These are potential direct costs to litigants, agencies or others requesting records.\n\nWho decides\n- The Chief Judge directs the Court’s administration, assigns Judges to divisions and allocates duties to judicial officers (sections 20–22). Those directions cannot lawfully affect a judicial officer’s exercise of judicial discretion (section 22(3)).\n- The Minister approves physical places/buildings where the Court may sit and must ensure suitable facilities (section 24(1)–(2)). The Minister also determines the number of Deputy Chief Judges and other Judges (section 50(1)(b),(c)).\n- The Administrator appoints Judges and may appoint acting Judges or acting Chief Judge in specified circumstances (sections 53, 59–60).\n\nIncentives and behaviour changes\n- Parties can expand the Court’s civil reach by written consent, enabling claims above the $250,000 limit to be heard in the Local Court (section 13(1)(b)). That creates an option for litigants to choose forum (and associated costs/timings) rather than being required to use a higher court.\n- The Court may transfer claims to the Civil and Administrative Tribunal if the claim falls within the Tribunal’s jurisdiction (section 44A). That creates a procedural pathway to move matters between forums.\n- Registrars may refuse to accept filings that appear frivolous, vexatious or an abuse of process without leave from a Judge (section 39). That mechanism aims to discourage meritless filings, but imposes an administrative gatekeeping role on registrars.\n\nCompliance burden and administrative costs\n- The principal registrar must maintain full case files including recordings or transcripts when available, directions, judgments, reasons and management data (sections 27–28). Parties and the Court therefore must support record-keeping practices and may incur fees when accessing records (sections 29–33A, 32).\n- The principal registrar must arrange transcripts in specified criminal matters (appeals, committals, reserved questions) (section 33A). Producing and storing transcripts and recordings creates staff and cost burdens for registry operations.\n\nBureaucratic discretion and legal limits\n- Rules can delegate many Court powers to registrars but cannot delegate hearing-and-determination of claims or appeals in civil jurisdiction, preliminary examinations or hearings of charges in criminal jurisdiction, nor contempt powers (section 74(1)–(4)). This establishes a carved-out set of judicial core functions while allowing administrative delegation of other powers.\n- The Chief Judge has broad administrative discretion consistent with maintaining judicial independence for decision-making (sections 20 and 8). The Minister and Administrator exercise appointment and approval powers (sections 24, 50, 53), creating multiple points at which executive choice affects Court composition and venues.\n\nTrade-offs, opportunity costs and implementation risks\n- Consolidation and transition provisions (sections 84–91; Part 8) reduce legal uncertainty by carrying over proceedings and orders. The trade-off is that the new rules and procedures will apply to existing matters unless the Court finds it would be unfair (section 86(3)–(4)), which creates an implementation judgment for the Court.\n- Introducing electronic issuance and transmission (section 26A) reduces reliance on manual processes but requires registry systems and policies. The Act leaves technological practice details to Rules and practice directions (section 26A(3)(b)–(c)), shifting implementation and compliance risk to administrative rule-making.\n\nEffects on private activity and markets\n- Bailiff functions may be performed by persons the Chief Judge appoints and, as the Notes state, private bailiffs may be engaged under licensing law (sections 76 and accompanying note). That permits private-sector participation in enforcement activity subject to licensing and Court direction.\n- By allowing party consent to extend jurisdiction (section 13), litigants and their advisers can choose a lower-court forum where costs or speed are preferable; that may alter case distribution between courts.\n\nConcentrated benefits and diffuse costs\n- Structural protections for judicial remuneration and appointment process (sections 55(2), 57) concentrate protections on office-holders. Costs of administration, record-keeping, transcripts and access fees are borne by registries, parties and requesting third parties (sections 27–33A, 32).\n\nImplementation discretion and accountability\n- Many operational details are left to Rules and practice directions (sections 48–49) and to the Chief Judge for administration (sections 20–22). The Act sets legal bounds (for example, non-delegable functions in section 74), but day-to-day operations rely on delegated instruments.\n\n# Practical takeaways (who pays, who decides, what behaviour changes)\n- Who pays: central government for judicial salaries (section 55(3)); users or agencies may pay fees for records or registry services if regulations provide (section 32; section 81(3)).\n- Who decides: Minister/Administrator for appointments and venues (sections 24, 50, 53); Chief Judge for allocation of work and administrative directions (sections 20–22); Court and Judges for case decisions and procedural orders (section 8).\n- Behaviour changes: parties can choose the Local Court for higher-value civil claims by consent (section 13); registrars exercise screening of filings (section 39); the Court may transfer eligible claims to the Tribunal (section 44A); registries must manage recordings and transcripts in specified criminal matters (section 33A)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond simple court establishment. The original 2015 Act established the Local Court, but subsequent amendments have added: small claims jurisdiction transfer mechanisms (2016), electronic document provisions (2020/2022), detailed validation of judicial appointments (2018), acting Deputy Chief Judge provisions (2021), and appeal rights from judicial registrars (2021). The transitional provisions now span three separate amending Acts across Parts 8, 9, and 10. The scope has expanded from basic court structure to encompass complex inter-tribunal relationships, digital court processes, and retrospective appointment fixes."},"complexity_factors":["Multiple overlapping jurisdictions (civil, criminal, small claims) with different monetary limits and procedural rules","Complex constitution rules — the Court can be constituted by Judges, judicial registrars, or Justices of the Peace depending on the matter, with detailed restrictions on who can hear what (sections 6-7)","Extensive transitional provisions (Parts 8-10) preserving old court decisions, converting old offices to new ones, and maintaining continuity with repealed legislation","Nested exceptions and qualifications — for example, judicial registrars have limited powers (section 6(3)), and multiple exceptions apply to when the same judicial officer must continue a case (section 7)","Cross-referencing to at least 6 other Acts (Cross-border Justice Act, Local Court (Civil Procedure) Act, Local Court (Criminal Procedure) Act, Small Claims Act, Northern Territory Civil and Administrative Tribunal Act, Judicial Commission Act)","Retrospective validation provisions (Part 7A) with specific named individuals and dates, plus regulation-making powers for further validations","Detailed administrative machinery including rules-making powers, practice directions, and delegation frameworks"],"plain_english_summary":"**What this law does:**\n\nThis Act establishes the **Local Court of the Northern Territory** — the main lower court that handles most everyday legal disputes and criminal matters in the NT. It replaces and merges the previous Local Court and Court of Summary Jurisdiction into a single, unified court.\n\n**Who it affects:**\n\n- **Ordinary people** — anyone bringing or defending a civil claim (up to $250,000), facing criminal charges, or dealing with small claims\n- **Judges and judicial officers** — sets up the positions of Chief Judge, Deputy Chief Judges, Judges, acting Judges, judicial registrars, and registrars\n- **Lawyers and court staff** — governs how they interact with the court system\n- **Businesses and organisations** — any entity involved in civil disputes or regulatory matters\n\n**Key things the law covers:**\n\n- **Civil jurisdiction** — the court can hear money claims up to $250,000, property disputes, and equitable relief (fairness-based remedies). Parties can agree to have larger claims heard here.\n- **Criminal jurisdiction** — handles summary offences (less serious crimes) and some indictable offences (serious crimes) that can be tried without a jury. Also conducts preliminary examinations for serious crimes that must go to the Supreme Court.\n- **Court structure** — establishes who can hear what: Judges handle everything; judicial registrars can handle civil procedural matters but not final hearings or appeals; Justices of the Peace can handle minor matters if regulations allow.\n- **Administration** — the Chief Judge runs the court, assigns Judges to divisions (Civil, Criminal, or specialist divisions), and sets where and when the court sits.\n- **Records and access** — sets rules for keeping case files, who can access them, and fees for copies.\n- **Contempt of court** — defines what counts as disrespecting the court (ignoring summonses, refusing to answer questions, breaching court orders) and allows penalties including up to 6 months imprisonment.\n- **Judicial appointments** — details how Judges are appointed, their retirement age (72), salaries, and protections against arbitrary removal.\n\n**Why it matters:**\n\nThis is the foundational law for the NT's busiest court. It determines what cases ordinary Territorians can have heard locally without going to the expensive and complex Supreme Court. It also ensures judicial independence (section 8) — Judges cannot be told what to do by the government when deciding cases.\n\n**Special features:**\n\n- **Cross-border justice** — the opening note explains this law must be read alongside the Cross-border Justice Act for matters involving other states/territories.\n- **Electronic processes** — allows courts to issue documents electronically (section 26A).\n- **Transfer to Tribunal** — the court can transfer appropriate civil claims to the Civil and Administrative Tribunal (section 44A).\n- **Validation provisions** — Part 7A retrospectively validates certain judicial appointments that had technical defects, ensuring past court decisions remain valid."}},"importantCases":[],"_links":{"self":"/api/acts/local-court-act-2015","history":"/api/acts/local-court-act-2015/history","analysis":"/api/acts/local-court-act-2015/analysis","conflicts":"/api/acts/local-court-act-2015/conflicts","importantCases":"/api/acts/local-court-act-2015/important-cases","documents":"/api/acts/local-court-act-2015/documents"}}