{"id":"magistrates-court-civil-proceedings-regulations-2011","name":"Magistrates Court (Civil Proceedings) Regulations 2011","slug":"magistrates-court-civil-proceedings-regulations-2011","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178883,"registerId":"wa-magistrates-court-civil-proceedings-regulations-2011-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Civil Proceedings) Regulations 2011","content":"![Crest]()Western Australia\n\nMagistrates Court (Civil Proceedings) Act 2004\n\nMagistrates Court (Civil Proceedings) Regulations 2011\n\nWestern Australia\n\nMagistrates Court (Civil Proceedings) Regulations 2011\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Term used: section 1\n\n4. Jurisdiction conferred by *Prohibited Behaviour Orders Act 2010* 1\n\n5. Police officer may represent prosecutor 1\n\n6. Jurisdiction conferred by *Water Services Act 2012* 2\n\nNotes\n\nCompilation table 3\n\nDefined terms\n\n  \n\nWestern Australia\n\nMagistrates Court (Civil Proceedings) Act 2004\n\nMagistrates Court (Civil Proceedings) Regulations 2011\n\n##### 1. Citation\n\n\t\tThese regulations are the *Magistrates Court (Civil Proceedings) Regulations 2011*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Term used: section\n\nIn these regulations —\n\nsection means a section of the *Magistrates Court (Civil Proceedings) Act 2004*.\n\n##### 4. Jurisdiction conferred by *Prohibited Behaviour Orders Act 2010*\n\nThe jurisdiction conferred on the Court by the *Prohibited Behaviour Orders Act 2010* is prescribed for the purposes of section 44(2)(c).\n\n##### 5. Police officer may represent prosecutor\n\n(1) In this regulation —\n\nPBO proceedings has the same meaning as in the *Prohibited Behaviour Orders Act 2010* section 3(1);\n\npolice prosecutor means a police officer who is a prosecutor, as defined in the *Prohibited Behaviour Orders Act 2010* section 3(1), in PBO proceedings.\n\n(2) Where a person is a party to PBO proceedings by virtue of being a police prosecutor, another police officer may, for the purposes of section 44(2)(c), perform the party’s entitlement under section 44(1) in those proceedings.\n\n##### 6. Jurisdiction conferred by *Water Services Act 2012*\n\n(1) For the purposes of section 44(2)(c), the jurisdiction of the Court referred to in section 8, to the extent to which it is conferred by the *Water Services Act 2012*, is prescribed.\n\n(2) For the purposes of section 44(2)(c) and a case in which a water corporation (as defined in the *Water Corporations Act 1995*) is a party, a member of staff of the corporation authorised to do so may perform the corporation’s entitlement under section 44(1) in those proceedings.\n\n[Regulation 6 inserted: Gazette 14 Nov 2013 p. 5051‑2.]\n\nNotes\n\n1 This is a compilation of the *Magistrates Court (Civil Proceedings) Regulations 2011* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Magistrates Court (Civil Proceedings) Regulations 2011* | 1 Jul 2011 p. 2726‑7 | r. 1 and 2: 1 Jul 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 2 Jul 2011 (see r. 2(b)) |\n| *Magistrates Court (Civil Proceedings) Amendment Regulations 2013* | 14 Nov 2013 p. 5051‑2 | r. 1 and 2: 14 Nov 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 18 Nov 2013 (see r. 2(b) and *Gazette* 14 Nov 2013 p. 5027) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nPBO proceedings 5(1)\n\npolice prosecutor 5(1)\n\nsection 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Scope expanded after initial enactment: regulation 6 (inserted by the 2013 amendment, Gazette 14 Nov 2013) prescribes the Court’s jurisdiction as conferred by the Water Services Act and authorises an authorised member of a water corporation’s staff to perform the corporation’s entitlement under section 44(1). The original 2011 regulations did not include that Water Services Act coverage."},"complexity_factors":["Short instrument with six regulations and narrow procedural focus","Cross-references to multiple external Acts (Magistrates Court (Civil Proceedings) Act 2004; Prohibited Behaviour Orders Act 2010; Water Services Act 2012; Water Corporations Act 1995)","Delegation of party‑entitlements to non‑lawyers (police officers, authorised corporation staff) relies on interpreting section 44(1) and 44(2)(c) of the principal Act","Defined-term usage limited but requires checking definitions in the external Acts (e.g. ‘PBO proceedings’, ‘police prosecutor’)","Amendment history (regulation 6 inserted 2013) changes scope and requires consulting the compilation table for commencement details"],"plain_english_summary":"These regulations set limited procedural rules for the Magistrates Court’s civil jurisdiction. They prescribe that the Court’s jurisdiction under the Prohibited Behaviour Orders Act is included for section 44(2)(c) and permit police officers to represent police prosecutors in PBO proceedings (reg. 4–5). They also prescribe the Court’s jurisdiction under the Water Services Act and allow an authorised member of a water corporation’s staff to act for the corporation in such matters (reg. 6). The instrument fixes commencement timing (reg. 2)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing specific jurisdictional matters and representation rules for the Magistrates Court. The 2013 amendment adding water corporation jurisdiction (Regulation 6) was a modest expansion consistent with the existing framework for police representation, not a fundamental shift in scope."},"complexity_factors":["Only 6 regulations total, with 2 being standard citation/commencement provisions","Minimal defined terms (only 3: 'section', 'PBO proceedings', 'police prosecutor')","Simple cross-referencing to external Acts without nested conditions","No exceptions, exemptions, or conditional logic beyond basic 'where' clauses","Straightforward procedural rules without substantive legal tests"],"plain_english_summary":"This is a short set of rules made under Western Australia's Magistrates Court (Civil Proceedings) Act 2004. It does three main things:\n\n**1. Allows police officers to represent each other in court**\nUnder the *Prohibited Behaviour Orders Act 2010*, police prosecutors can take people to court to get orders stopping anti-social behaviour. These regulations let another police officer stand in for the prosecutor in these cases, rather than requiring the specific officer who started the case to attend every hearing.\n\n**2. Lets water corporation staff represent their employer**\nSimilarly, when a water corporation is involved in civil proceedings in the Magistrates Court, an authorised staff member can appear on the corporation's behalf instead of hiring external lawyers.\n\n**3. Confirms the Court's power to hear these specific cases**\nThe regulations formally recognise that the Magistrates Court has jurisdiction (the legal authority) to hear cases brought under both the *Prohibited Behaviour Orders Act 2010* and the *Water Services Act 2012*.\n\n**Why this matters:**\nThese rules make the court system more efficient by allowing organisations (police and water corporations) to use their own staff to handle routine civil proceedings, rather than requiring specific individuals or expensive external lawyers for every appearance."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was available. The page was inaccessible due to a website migration or system upgrade affecting the Western Australian Parliamentary Counsel's Office website."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 'page not found' error","Only the title and website boilerplate text were available for analysis","No sections, clauses, schedules, or definitions could be assessed","Complexity cannot be meaningfully rated without actual legislative text"],"plain_english_summary":"**No legislation content is available to analyse.**\n\nThe link provided leads to a broken or removed page on the Western Australian legislation website. The page for the *Magistrates Court (Civil Proceedings) Regulations 2011* is no longer accessible at that URL due to website upgrades.\n\n**What we can say from the title alone:**\n- This is a Western Australian regulation (subordinate legislation made under a parent Act)\n- It likely governs the rules and procedures for civil (non-criminal, e.g. debt disputes, property claims) proceedings in the WA Magistrates Court\n- It would typically affect everyday people involved in minor civil disputes, small business owners, and legal practitioners appearing in that court\n\n**To access the actual legislation**, visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search for the title directly."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-civil-proceedings-regulations-2011","history":"/api/acts/magistrates-court-civil-proceedings-regulations-2011/history","analysis":"/api/acts/magistrates-court-civil-proceedings-regulations-2011/analysis","conflicts":"/api/acts/magistrates-court-civil-proceedings-regulations-2011/conflicts","importantCases":"/api/acts/magistrates-court-civil-proceedings-regulations-2011/important-cases","documents":"/api/acts/magistrates-court-civil-proceedings-regulations-2011/documents"}}