{"id":"magistrates-court-regulations-2021","name":"Magistrates Court Regulations 2021","slug":"magistrates-court-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236127,"registerId":"sa-magistrates-court-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court Regulations 2021","content":"South Australia\nMagistrates Court Regulations 2021\nunder the Magistrates Court Act 1991\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tFees in Civil Division\n5\tFees in Criminal Division\n6\tFees generally\nSchedule 1—Revocation of Magistrates Court Regulations 2019\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Magistrates Court Regulations 2021.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Magistrates Court Act 1991;\nCrown means the Crown in right of this State;\ngovernment agency includes—\n\t(a)\ta Minister, instrumentality or agency of the Crown; or\n\t(b)\ta body or person subject to control or direction by the Governor, a Minister of the Crown or other instrumentality or agency of the Crown; or\n\t(c)\tSouth Australia Police; or\n\t(d)\tthe National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (South Australia).\n4—Fees in Civil Division\n\t(1)\tThe following provisions apply to the fees prescribed for setting a date for trial in the Civil Division:\n\t(a)\texcept where the Court or a registrar otherwise directs, the fee—\n\t(i)\tis payable by the applicant; and\n\t(ii)\tmust be paid within the period of 14 days after the day on which the trial date is set;\n\t(b)\tif there is more than 1 applicant, the Court or a registrar may direct that the fee is to be paid in equal portions by each of the applicants;\n\t(c)\tthe trial will not proceed on the day set for that purpose unless the fee has been paid in accordance with this subregulation.\n\t(2)\tIf an attempt to settle a proceeding by mediation under section 27 of the Act has been made, the fee prescribed for setting a date for trial in the Civil Division may, if the mediator so certifies, be discounted by 50%.\nNote—\nSection 15 of the Crown Proceedings Act 1992 makes provision in relation to the Crown's liability for fees and charges in civil proceedings in the Court.\n5—Fees in Criminal Division\n\t(1)\tA government agency is not required to pay any fee or charge—\n\t(a)\tfor commencing, or taking any step in, proceedings in the Criminal Division; or\n\t(b)\tfor obtaining a transcript of any such proceedings to which it is a party; or\n\t(c)\tfor obtaining a copy of evidence in any such proceedings to which it is a party.\n\t(2)\tAny costs to which a government agency is entitled will be calculated as if the government agency were liable to pay, and had in fact paid, fees and charges from which it is exempt under subregulation (1).\n6—Fees generally\nThe Court may require a non‑refundable deposit as security for the payment of fees for the production of a transcript of the hearing of a case at the request of a party where the Court does not require the transcript.\nSchedule 1—Revocation of Magistrates Court Regulations 2019\nThe Magistrates Court Regulations 2019 are revoked.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2021\n161\nGazette 21.10.2021 p3796 \n21.10.2021: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Replaces the Magistrates Court Regulations 2019 (Schedule 1). Mechanically it reallocates fee responsibilities and exemptions: clarifies applicant payment timing and splitting (Reg 4), introduces a mediator-certified 50% discount (Reg 4(2)), exempts government agencies from Criminal Division fees and treats costs as if they had paid (Reg 5), and permits non‑refundable transcript deposits (Reg 6). These are concrete shifts in who pays, when, and how costs are calculated."},"complexity_factors":["Narrow subject-matter: limited to fee rules, exemptions, and transcript deposits (Regs 4–6, Schedule 1).","Clear payment timetable and payer default for Civil trial-date fee—applicant pays within 14 days unless court/registrar directs otherwise (Reg 4(1)(a)).","Discount mechanism contingent on mediator certification (Reg 4(2)).","Broadly defined \"government agency\" creates a wide exemption scope, including SA Police and the National Heavy Vehicle Regulator (Reg 3 definition).","Exemption in Criminal Division plus a notional payment rule for costs (calculating costs as if the agency had paid) affects recovery and costs orders (Reg 5(1)–(2)).","Judicial/administrative discretion points: court or registrar may direct apportionment; court may require transcript deposit (Reg 4(1)(b), Reg 6).","Cross-references to other statutes (Magistrates Court Act 1991; Crown Proceedings Act 1992 note) create dependency on external definitions and rules."],"plain_english_summary":"Sets who pays and when for certain Magistrates Court fees. Applicants must normally pay the Civil Division trial-date fee within 14 days, with the court able to split the cost between multiple applicants and a mediator-certified matter eligible for a 50% discount. Government agencies are exempt from fees, transcripts and copies in the Criminal Division. The Court can also require a non‑refundable deposit for party‑requested transcripts. The regulations replace the 2019 rules and therefore change payment, exemption and cost‑calculation mechanics."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope change — no legislative text was provided or accessible. The page returned was a website error message, not the Magistrates Court Regulations 2021 (SA)."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is impossible without access to the actual instrument","Complexity score of 1 reflects the absence of content to analyse, not the likely complexity of the regulation itself (which could be moderate to high)"],"plain_english_summary":"Likely subordinate rules governing the day‑to‑day operation of South Australia’s Magistrates Court—covering fees, forms, procedural and administrative practice—and therefore affecting anyone who uses the court (litigants, lawyers, defendants, plaintiffs in civil or criminal matters). \n\nThe instrument itself couldn’t be retrieved (link returns a 404), so the exact provisions aren’t available here; consult legislation.sa.gov.au for the current text."},"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"},"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 court fees and related administrative matters for the Magistrates Court. The scope has not expanded beyond this core function."},"complexity_factors":["Only 6 substantive regulations plus a revocation schedule","4 defined terms in the interpretation section (Act, Crown, government agency, and implicit definitions through inclusion)","Minimal cross-referencing — only references to the parent Act (Magistrates Court Act 1991), one section of that Act (s.27), and the Crown Proceedings Act 1992","Simple conditional logic: basic 'if-then' structures (e.g., 'if mediator certifies, then 50% discount')","No nested exceptions or complex deeming provisions","Straightforward fee mechanics without calculation formulas or sliding scales"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the rules for **fees in South Australia's Magistrates Court** — the lower court that handles less serious criminal matters and civil disputes up to certain dollar limits.\n\n**Key things it covers:**\n\n*   **Civil cases (disputes between people or organisations):**\n    *   If you want to set a trial date, you must pay a fee within 14 days\n    *   The trial won't go ahead if you haven't paid\n    *   If there are multiple people suing together, the court can split the fee equally between them\n    *   **Discount for mediation:** If you try to settle your dispute through mediation first (a facilitated negotiation), and the mediator confirms this, your trial setting fee is cut in half (50% off)\n\n*   **Criminal cases:**\n    *   **Government agencies don't pay fees** — this includes police, government departments, and certain regulators. They don't pay to start criminal cases, take steps in them, or get transcripts and evidence copies\n    *   However, if a government agency wins costs from someone else, those costs are calculated *as if* the agency had paid the fees (so they don't lose out)\n\n*   **Transcripts:**\n    *   The court can demand a **non-refundable deposit** upfront from parties who want a written record of a hearing, if the court itself doesn't need that transcript\n\n*   **Housekeeping:**\n    *   These regulations replace the 2019 version entirely\n\n**Who it affects:**\n\n*   Anyone using the Magistrates Court in South Australia (individuals, businesses, lawyers)\n*   Government agencies, especially police and prosecutors\n*   Court staff who administer fees\n\n**Why it matters:**\n\nCourt fees affect **access to justice**. The 50% mediation discount encourages people to resolve disputes without expensive trials. The government exemption recognises that criminal prosecutions are a public service, not private litigation. The deposit rule for transcripts protects the court from people ordering transcripts they won't pay for."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-regulations-2021","history":"/api/acts/magistrates-court-regulations-2021/history","analysis":"/api/acts/magistrates-court-regulations-2021/analysis","conflicts":"/api/acts/magistrates-court-regulations-2021/conflicts","importantCases":"/api/acts/magistrates-court-regulations-2021/important-cases","documents":"/api/acts/magistrates-court-regulations-2021/documents"}}