{"id":"magistrates-court-regulations-2005","name":"Magistrates Court Regulations 2005","slug":"magistrates-court-regulations-2005","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178904,"registerId":"wa-magistrates-court-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court Regulations 2005","content":"![Crest]()Western Australia\n\nMagistrates Court Act 2004\n\nMagistrates Court Regulations 2005\n\nWestern Australia\n\nMagistrates Court Regulations 2005\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\nPart 2 — Metropolitan courts\n\n4. JP not to constitute court unless requested to do so 2\n\n5. When 2 JPs may constitute the court in civil cases 2\n\n6. When 2 JPs may constitute the court in criminal cases 3\n\n7. When one JP may constitute the court in criminal cases 4\n\nPart 3 — Country courts\n\n8. JP not to constitute court unless requested to do so 6\n\n9. When 2 JPs may constitute the court in civil cases 6\n\n10. When 2 JPs may constitute the court in criminal cases 7\n\n11. When one JP may constitute the court in criminal cases 8\n\nPart 4 — Miscellaneous\n\n12. Persons prescribed (Act s. 33(7)(i)) 10\n\nNotes\n\nCompilation table 11\n\nEditorial changes table 12\n\nOther notes 12\n\nDefined terms\n\n  \n\nMagistrates Court Act 2004\n\nMagistrates Court Regulations 2005\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations are the *Magistrates Court Regulations 2005*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Magistrates Court Act 2004* comes into operation.\n\n##### 3. Terms used\n\nIn these regulations, unless the contrary intention appears —\n\n  country court means the Magistrates Court sitting at a place outside the Perth metropolitan region;\n\n  metropolitan court means the Magistrates Court sitting at a place in the Perth metropolitan region;\n\n  Perth metropolitan region has the meaning given to the term ***metropolitan region*** by the *Metropolitan Region Town Planning Scheme Act 1959* 1.\n\n## Part 2 — Metropolitan courts\n\n##### 4. JP not to constitute court unless requested to do so\n\n(1) A JP must not constitute a metropolitan court, either alone or with another JP, unless he or she has been requested to do so by —\n\n(a) a registrar; or\n\n(b) a deputy registrar who has been directed by a magistrate or a registrar to make the request.\n\n(2) A registrar must not request a JP to constitute a metropolitan court, and a registrar must not direct a deputy registrar to make such a request, unless —\n\n(a) a magistrate has requested that the court be constituted by JPs; or\n\n(b) it is not practicable for a magistrate to constitute the court at the time when and the place where the court has to sit.\n\n##### 5. When 2 JPs may constitute the court in civil cases\n\n(1) A metropolitan court constituted by 2 JPs alone may deal with an application made under the *Restraining Orders Act 1997* for a family violence restraining order or violence restraining order at a hearing in the absence of the respondent fixed under section 26(2) of that Act.\n\n(2) A metropolitan court constituted by 2 JPs alone may adjourn the following for hearing by the Magistrates Court constituted by a magistrate —\n\n(a) an application made under the *Prohibited Behaviour Orders Act 2010* section 5 for a PBO;\n\n(b) an application made under the *Prohibited Behaviour Orders Act 2010* section 21 to vary or cancel a PBO.\n\n(3) A metropolitan court constituted by 2 JPs alone must not deal with PBO proceedings under the *Prohibited Behaviour Orders Act 2010* except as permitted by subregulation (2).\n\n[Regulation 5 amended: Gazette 24 Jun 2011 p. 2507‑8; 27 Jun 2017 p. 3435.]\n\n##### 6. When 2 JPs may constitute the court in criminal cases\n\n(1) A metropolitan court constituted by 2 JPs alone may do any of the following —\n\n(a) perform the court’s functions under the *Bail Act 1982* sections 5(2) and 7(1) in relation to bail for an accused for an appearance in the Magistrates Court, other than an initial appearance, and under the *Restraining Orders Act 1997* section 63(1);\n\n(b) deal with an application made under the *Criminal Procedure Act 2004* for an adjournment and perform the court’s functions under section 75 of that Act;\n\n(c) adjourn a charge of a simple offence that, under the *Criminal Procedure Act 2004* section 50(3), 52(1) or 53(1), has to be adjourned to a new court date;\n\n(d) deal with a charge of a simple offence under a road law if —\n\n(i) under the *Criminal Procedure Act 2004*, the accused has been served with a summons or a court hearing notice in relation to the offence; and\n\n(ii) the accused is present in court; and\n\n(iii) both the accused and the prosecutor consent to the prosecution being dealt with by the court constituted by 2 JPs alone; and\n\n(iv) the accused pleads guilty;\n\n(e) deal with a charge of a simple offence under a road law if —\n\n(i) under the *Criminal Procedure Act 2004*, the accused has been served with a summons or a court hearing notice in relation to the charge; and\n\n(ii) the accused is not present in court,\n\nand either —\n\n(iii) the court has received a written plea of guilty to the charge from the accused under the *Criminal Procedure Act 2004*; or\n\n(iv) the court has not received a written plea from the accused under the *Criminal Procedure Act 2004*.\n\n(2) In subregulation (1)(d) and (e) —\n\nroad law has the meaning given in the *Road Traffic (Administration) Act 2008* section 4.\n\n[Regulation 6 amended: Gazette 10 Feb 2015 p. 615‑16.]\n\n##### 7. When one JP may constitute the court in criminal cases\n\n(1) One JP must not constitute a metropolitan court unless advised by a registrar or a deputy registrar that it is impracticable in the circumstances to also request a second JP to constitute the court.\n\n(2) A metropolitan court constituted by one JP alone may do any of the following —\n\n(a) perform the court’s functions under the *Bail Act 1982* sections 5(2) and 7(1) in relation to bail for an accused for an appearance in the Magistrates Court, other than an initial appearance, and under the *Restraining Orders Act 1997* section 63(1);\n\n(b) deal with an application made under the *Criminal Procedure Act 2004* for an adjournment and perform the court’s functions under section 75 of that Act;\n\n(c) adjourn a charge of a simple offence that, under the *Criminal Procedure Act 2004* section 50(3), 52(1) or 53(1), has to be adjourned to a new court date.\n\n## Part 3 — Country courts\n\n##### 8. JP not to constitute court unless requested to do so\n\n(1) A JP must not constitute a country court, either alone or with another JP, unless he or she has been requested to do so by —\n\n(a) a registrar; or\n\n(b) a deputy registrar who has been directed by a magistrate or a registrar to make the request.\n\n(2) A registrar must not request a JP to constitute a country court, and a registrar must not direct a deputy registrar to make such a request, unless —\n\n(a) a magistrate has requested that the court be constituted by JPs; or\n\n(b) a magistrate is not listed to constitute the court at the time when and the place where the court is due to sit; or\n\n(c) the magistrate who is listed to constitute the court is unable to attend at the time when and the place where the court is due to sit.\n\n##### 9. When 2 JPs may constitute the court in civil cases\n\n(1) A country court may be constituted by 2 JPs alone for the purposes of dealing with an application made under the *Restraining Orders Act 1997* for a family violence restraining order or violence restraining order at a hearing in the absence of the respondent fixed under section 26(2) of that Act.\n\n(2) A country court constituted by 2 JPs alone may adjourn the following for hearing by the Magistrates Court constituted by a magistrate —\n\n(a) an application made under the *Prohibited Behaviour Orders Act 2010* section 5 for a PBO;\n\n(b) an application made under the *Prohibited Behaviour Orders Act 2010* section 21 to vary or cancel a PBO.\n\n(3) A country court constituted by 2 JPs alone must not deal with PBO proceedings under the *Prohibited Behaviour Orders Act 2010* except as permitted by subregulation (2).\n\n[Regulation 9 amended: Gazette 24 Jun 2011 p. 2508; 27 Jun 2017 p. 3435.]\n\n##### 10. When 2 JPs may constitute the court in criminal cases\n\n(1) A country court constituted by 2 JPs alone may do any of the following —\n\n(a) perform the court’s functions under the *Bail Act 1982* sections 5(2) and 7(1) in relation to bail for an accused for an appearance in the Magistrates Court, other than an initial appearance, and under the *Restraining Orders Act 1997* section 63(1);\n\n(b) exercise the court’s jurisdiction under the *Bail Act 1982* section 59B;\n\n(c) deal with an application made under the *Criminal Procedure Act 2004* for an adjournment and perform the court’s functions under section 75 of that Act;\n\n(d) adjourn a charge of a simple offence that, under the *Criminal Procedure Act 2004* section 50(3), 52(1) or 53(1), has to be adjourned to a new court date;\n\n(e) deal with a charge of an offence if —\n\n(i) the accused is present in court; and\n\n(ii) both the accused and the prosecutor consent to the prosecution being dealt with by the court constituted by 2 JPs alone; and\n\n(iii) the accused pleads guilty;\n\n(f) deal with a charge of an offence if the accused is not present in court and either —\n\n(i) the court has received a written plea of guilty to the charge from the accused under the *Criminal Procedure Act 2004*; or\n\n(ii) the court has not received a written plea from the accused under the *Criminal Procedure Act 2004*.\n\n(2) A country court constituted by 2 JPs alone must not, when dealing with a charge of an indictable offence —\n\n(a) deal with proceedings, or make an order, under *The Criminal Code* section 5 in respect of the charge; or\n\n(b) deal with proceedings, or make an order, under the *Criminal Procedure Act 2004* section 138 in respect of the charge; or\n\n(c) determine (as that term is defined in the *Criminal Procedure Act 2004*) the charge; or\n\n(d) under the *Criminal Procedure Act 2004*,  dismiss the charge for want of prosecution.\n\n[Regulation 10 amended: Gazette 27 Feb 2009 p. 519.]\n\n##### 11. When one JP may constitute the court in criminal cases\n\n(1) One JP must not constitute a country court unless advised by a registrar or a deputy registrar that it is impracticable in the circumstances to also request a second JP to constitute the court.\n\n(2) A country court constituted by one JP may do any of the following —\n\n(a) perform the court’s functions under the *Bail Act 1982* sections 5(2) and 7(1) in relation to bail for an accused for an appearance in the Magistrates Court, other than an initial appearance, and under the *Restraining Orders Act 1997* section 63(1);\n\n(b) exercise the court’s jurisdiction under the *Bail Act 1982* section 59B;\n\n(c) deal with an application made under the *Criminal Procedure Act 2004* for an adjournment and perform the court’s functions under section 75 of that Act;\n\n(d) adjourn a charge of a simple offence that, under the *Criminal Procedure Act 2004* section 50(3), 52(1) or 53(1), has to be adjourned to a new court date.\n\n[Regulation 11 amended: Gazette 27 Feb 2009 p. 519.]\n\n## Part 4 — Miscellaneous\n\n[Heading inserted: Gazette 22 Aug 2008 p. 3668.]\n\n##### 12. Persons prescribed (Act s. 33(7)(i))\n\nFor the purposes of section 33(7)(i) the following persons are prescribed —\n\n(a) the CEO as defined in the *Working with Children (Screening) Act 2004* section 4;\n\n(b) an officer of the Department assisting the CEO in carrying out a criminal record check as those terms are defined in the *Working with Children (Screening) Act 2004* section 4;\n\n(ba) the CEO as defined in the *National Disability Insurance Scheme (Worker Screening) Act 2020* section 5(1);\n\n(bb) an officer assisting the CEO in carrying out a criminal record check as those terms are defined in the *National Disability Insurance Scheme (Worker Screening) Act 2020* section 5(1);\n\n(ca) the chief executive officer as defined in the *Prisons Act 1981* section 3(1);\n\n(cb) a person authorised by the chief executive officer as defined in the *Prisons Act 1981* section 3(1);\n\n(c) the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the Act.\n\n[Regulation 12 inserted: Gazette 22 Aug 2008 p. 3668-9; amended: Gazette 27 Apr 2012 p. 1767; 30 Sep 2014 p. 3597; SL 2021/26 r. 6.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Magistrates Court Regulations 2005* and includes amendments made by other written laws. For provisions that have come into operation, or versions that include editorial changes made under the *Legislation Act 2021* Part 3, see the compilation table. For provisions affected by editorial changes see the editorial changes table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Magistrates Court Regulations 2005* | 28 Apr 2005 p. 1561-71 | 1 May 2005 (see r. 2 and *Gazette* 31 Dec 2004 p. 7127) |\n| *Magistrates Courts Amendment Regulations 2008* | 22 Aug 2008 p. 3668-9 | r. 1 and 2: 22 Aug 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 23 Aug 2008 (see r. 2(b)) |\n| *Magistrates Court Amendment Regulations 2009* | 27 Feb 2009 p. 518-19 | r. 1 and 2: 27 Feb 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Mar 2009 (see r. 2(b) and *Gazette* 27 Feb 2009 p. 511) |\n| *Magistrates Court Amendment Regulations 2011* | 24 Jun 2011 p. 2507‑8 | r. 1 and 2: 24 Jun 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 25 Jun 2011 (see r. 2(b)) |\n| *Magistrates Court Amendment Regulations 2012* | 27 Apr 2012 p. 1766‑7 | r. 1 and 2: 27 Apr 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 28 Apr 2012 (see r. 2(b)) |\n| **Reprint 1: The *Magistrates Court Regulations 2005* as at 17 Aug 2012** (includes amendments listed above) | | |\n| *Magistrates Court Amendment Regulations (No. 2) 2014* | 30 Sep 2014 p. 3597 | r. 1 and 2: 30 Sep 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Oct 2014 (see r. 2(b)) |\n| *Magistrates Court Amendment Regulations 2015* | 10 Feb 2015 p. 615-16 | r. 1 and 2: 10 Feb 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and *Gazette* 17 Apr 2015 p. 1371) |\n| *Attorney General Regulations Amendment (Family Violence Restraining Orders) Regulations 2017* Pt. 6 | 27 Jun 2017 p. 3432‑5 | 1 Jul 2017 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (NDIS) Regulations 2021* Pt. 3 | SL 2021/26 26 Feb 2021 | 27 Feb 2021 (see r. 2(b)) |\n| ***Magistrates Court Regulations 2005* with editorial changes as at 14 Jun 2024** | | |\n\n\nEditorial changes table\n\nThe *Legislation Act 2021* Part 3 authorises the Parliamentary Counsel to make editorial changes to laws. This power cannot be used to change the effect of a law. If an editorial change is made to a law, the law has effect as if the change had been made by another law that amended the law and commenced on the day on which the change is made.\n\nTo see the editorial changes included in a version of a law, see the compare document for that version on the WA Legislation website.\n\n| **Provision/s affected** | **Authorising provision of *Legislation Act 2021* Part 3** | **Effective date**   **of change** |\n| --- | --- | --- |\n| r. 12(a) and (b) | s. 25(2) | 14 Jun 2024 |\n\n\nOther notes\n\n1 Repealed by the *Planning and Development (Consequential and Transitional Provisions) Act 2005* s. 4.\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\ncountry court 3\n\nmetropolitan court 3\n\nPerth metropolitan region 3\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope change — no legislative text was provided. The URL returned a system error page indicating the content has been moved or removed from the Western Australian legislation website."},"complexity_factors":["No legislative text was retrievable — the page returned a 'no longer available' error message rather than actual legislation","Analysis is impossible without source content","Score of 1 reflects absence of content to assess, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided leads to a broken or moved page on the Western Australian legislation website — the actual text of the *Magistrates Court Regulations 2005* (WA) was not available for analysis.\n\n**What we do know from the title alone:**\n- This would be a set of regulations (detailed rules that sit beneath a main Act of Parliament) governing how the Magistrates Court in Western Australia operates day-to-day.\n- It would likely affect anyone involved in Magistrates Court proceedings — including individuals, businesses, lawyers, and court staff.\n- Typical content in such regulations includes filing fees, court forms, procedural timeframes, and administrative requirements.\n\n**To access the actual legislation**, visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search for *Magistrates Court Regulations 2005* directly."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2005 regulations appear focused on basic court constitution and JP powers for bail and simple offences. Over 8 amendments, the scope has expanded significantly to include: prohibited behaviour orders (PBOs) added in 2011, NDIS worker screening access added in 2021, specific bail jurisdiction expansions for country courts in 2009, and family violence restraining order procedures in 2017. The miscellaneous provision (regulation 12) has grown from a simple administrative provision to a complex gateway for multiple screening regimes (working with children, NDIS, prisons)."},"complexity_factors":["Parallel structure: Nearly identical provisions repeated for metropolitan courts (Part 2) and country courts (Part 3), creating duplication but also subtle variations in powers","Cross-references to at least 8 other Acts (Bail Act 1982, Restraining Orders Act 1997, Criminal Procedure Act 2004, Prohibited Behaviour Orders Act 2010, Road Traffic (Administration) Act 2008, Working with Children (Screening) Act 2004, National Disability Insurance Scheme (Worker Screening) Act 2020, Prisons Act 1981)","Conditional logic with multiple nested requirements (e.g., regulation 6(1)(d) requires 4 cumulative conditions for traffic matters)","Specific exclusions and prohibitions (e.g., regulation 10(2) lists 4 specific things JPs cannot do with indictable offences in country courts)","7 defined terms in the interpretation section, though most are straightforward geographical distinctions","Multiple amendment history (8 sets of amendments since 2005) creating fragmented provisions with bracketed amendment notes throughout"],"plain_english_summary":"This is a Western Australian regulation that sets out when Justices of the Peace (JPs) can sit in the Magistrates Court instead of a qualified magistrate. It splits the rules between Perth (metropolitan courts) and regional WA (country courts).\n\n**Key points:**\n\n* **Who can request JPs:** Court registrars (or deputy registrars directed by a magistrate or registrar) can ask JPs to hear matters, but only when a magistrate isn't available or has specifically requested JPs.\n\n* **What JPs can do:** The regulations limit what JPs can hear. Generally, they handle minor matters like:\n  * Bail applications (but not first appearances)\n  * Adjournments (postponing cases to another date)\n  * Simple guilty pleas for minor offences (mainly traffic matters in Perth; broader offences in the country)\n  * Restraining order applications where the respondent isn't present\n\n* **Two JPs vs one JP:** Most work requires two JPs sitting together. A single JP can only sit alone if a registrar confirms it's impractical to get a second JP.\n\n* **What JPs cannot do:** They cannot hear contested trials, serious criminal matters, or make final decisions on complex cases. In regional areas, they specifically cannot dismiss serious charges or determine if there's enough evidence for trial.\n\n* **Record checks:** The regulations also list specific government officials (like those doing working-with-children checks and NDIS worker screening) who can access certain court information.\n\n**Why it matters:** This allows the court system to keep functioning in regional areas and busy metropolitan courts when magistrates aren't available, while protecting defendants' rights by limiting what less-qualified judicial officers can decide."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have been amended repeatedly since enactment, expanding and clarifying JP functions and the list of prescribed persons. The compilation table and amendment notes record changes in 2008, 2009, 2011, 2012, 2014, 2015, 2017 and 2021; specific changes include added PBO‑related adjournment rules (rr.5,9 notes), expanded JP powers for certain offences (rr.6,10 amendments) and additions to the prescribed persons list (r.12 insertions/amendments). These amendments altered operational scope from the original 2005 text."},"complexity_factors":["Extensive cross‑references to multiple other Acts (Restraining Orders Act, Criminal Procedure Act, Bail Act, Prohibited Behaviour Orders Act, Road Traffic/Administration Acts) which require reading those statutes to determine scope (see rr.5–6,9–11).","Different regimes and thresholds for metropolitan versus country courts, and for one JP versus two JPs, producing conditional rules to apply (Parts 2–3; rr.4,7,8,11).","Numerous procedural conditions and exceptions (consent, presence of accused, written pleas, magistrate direction, ‘impracticable’ tests) that change available powers case‑by‑case (see rr.6(1)(d)–(e),10(1)(e)–(f),7(1),11(1)).","Express prohibitions on JP jurisdiction in indictable matters and specific statutory powers they cannot exercise, requiring careful statutory construction (r.10(2)).","Amendments over time and a prescribed‑persons list that integrates other regulatory schemes (PBOs, NDIS, prison CEO roles), adding evolving scope and interoperability issues (r.5 notes; r.12).","Operational discretion resting with registrars, deputy registrars and magistrates (who request or direct JPs), creating administrative compliance and delegation considerations (rr.4(1)–(2),8(1)–(2))."],"plain_english_summary":"These regulations set when Justices of the Peace (JPs) may sit as the Magistrates Court, alone or in pairs, in metropolitan and country sittings; what kinds of matters they may hear (for example, bail matters, adjournments, simple offences and some restraining‑order hearings); and when a registrar or deputy registrar may ask JPs to constitute court (subject to magistrate direction) (rr.4,6,7,8–11). It also prescribes certain public officials who may receive criminal‑record information (r.12). The rules shift routine procedural decision‑making onto JPs under defined limits and create compliance steps for registrars."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-regulations-2005","history":"/api/acts/magistrates-court-regulations-2005/history","analysis":"/api/acts/magistrates-court-regulations-2005/analysis","conflicts":"/api/acts/magistrates-court-regulations-2005/conflicts","importantCases":"/api/acts/magistrates-court-regulations-2005/important-cases","documents":"/api/acts/magistrates-court-regulations-2005/documents"}}