Court Procedures Forms

11A Appointment of chief executive officer 9

11B Administrative functions of chief executive officer 9 11BA Delegation by chief executive officer 10 11BB Leave of absence 10 11BC Chief executive officer must not do other work 10 11BD Disclosure of interests 11 11C Ending chief executive officer’s appointment 11 11D Chief executive officer not to direct registrars in relation to court functions 12 11E Consultants 12 12 Definitions—pt 3 13 13 Determination of fees 13 14 Payment of fees 15 15 Remission, refund, deferral, waiver and exemption of fees 15 16 Recovery of fees in civil proceedings if fees not otherwise payable 17 17 Recovery of fees in criminal proceedings if fees not otherwise payable 18 18 Meaning of reviewable decision—div 3.2 18 18A Reviewable decisions—court 19 18B Reviewable decisions—ACAT 20 18C No fee for review by court or ACAT 21 20 Definitions—pt 4 22 21 Proceedings by and against the Crown generally 22 22 Immunities and limitations of liability 23 23 Corresponding laws of States and other Territories 23 24 Injunctive relief 23

Page contents 3 25 Protection of confidentiality on grounds of public interest 23 26 Right of Attorneys-General of other jurisdictions to appear in proceedings 24 27 Right of Attorney-General to intervene in proceedings 24 28 Fees and charges in proceedings 25 29 Enforcement of judgments against Territory Crown 26 30 Enforcement of judgments against Crown in right of a State or another Territory 27 31 Enforcement of judgments by the Crown 27 Division 4.3 Provisions applying only to the Territory 32 Endorsement etc of originating process 27 33 Service generally 27 34 Service of subpoenas etc on Ministers 28 35 Representation if right to legal representation restricted 28 36 Exclusion of certain proceedings 29 37 Regulations for pt 4 30 40 Definitions—pt 5 31 41 Right of entry etc to court premises 33 42 Powers under part additional to other powers 34 43 Security officer to be identified before exercising powers 35 44 Person may be required to state name etc 35 45 Searches 36 46 Seizure and forfeiture of firearms etc 37 47 Security officer may require thing that may hide firearms etc to be left 37 48 Unlawful, disorderly conduct etc 37 49 Contravention of requirement of security officer 38 50 Judge, magistrate or presidential member may close court premises 39 51 Security officers 40 52 Identity cards for security officers 42 52A Definitions—pt 5A 43

Page contents 4 Court Procedures Act 2004 52B Admissibility of information given at mediation 44 52C Secrecy 44 52D Protection of accredited mediator from liability 45 Part 6 Procedural provisions—all proceedings 53 Application—pt 6 46 54 No distinction between court and chambers 46 Part 6A Procedural provisions—criminal proceedings 55 Provision of interpreters 47 60 Application—pt 7 48 61 Counterclaims and third parties 48 62 Injunctions 49 63 Receivers 49 64 Rules of practice and procedure—judicial discretion 49 65 Appearance by lawyer 50 66 Non-appearance or absence of some defendants 50 67 Amendment of defects 50 68 Formal defects to be amended 51 Part 7A Procedural provisions—proceedings involving children or young people 68A Definitions—pt 7A and div 7A.1 52 69 Childrens Court procedure 53 71 When parents must attend court proceedings 53 72 Court proceedings involving children or young people not open to public 54 73 Court may excuse parties from attending proceedings 56 74 Certain related applications may be heard together 57 74A Participation of children and young people in proceedings 57 74B Court must ensure children and young people etc understand proceedings 57

Page contents 5

74C Director-general, public advocate and Aboriginal and Torres Strait Islander children and young people commissioner etc may appear at proceedings 58 74D Court may order report about young person 58 74E Children and young people may have legal and other representative 59 74F Leave needed for litigation guardian 60 74G Legal representation of children and young people 60 74H Orders about legal representation of children and young people—all proceedings 60 74I Rule-making committee and court to have regard to youth justice principles 61 74K Proceedings dismissed or adjourned for care and protection reasons 62 74L Director-general must report to court, public advocate and Aboriginal and Torres Strait Islander children and young people commissioner 63 74M Court action after adjournment 64 Part 7B Procedural provisions—industrial or work safety matters 74N Industrial Court procedure 66 Division 8.1 Supreme Court criminal proceedings—preliminary 75 Application—pt 8 67 Division 8.2 Trial on indictment 76 Supreme Court jurisdiction to make orders for conduct of indictable trials 67 76A Application—div 8.2A 68 76B Pre-trial disclosure of relevant material by prosecutor 69 76C Ongoing duty of disclosure by prosecutor 70 76D Prosecutor must allow inspection of certain disclosed matters on request 71 76E Address and contact details of people generally must not be disclosed under div 8.2A 71

Page contents 6 Court Procedures Act 2004 76F Material used to give evidentiary certificate need not be disclosed under div 8.2A 73 76G Sanctions for non-compliance with disclosure requirements 73 76H Effect of div 8.2A on other laws 74 77 Application—div 8.3 75 78 Mandatory pre-trial disclosure—expert evidence 75 79 Prosecution notice—expert evidence 76 79A Accused person’s notice and reply—expert evidence 77 79B Prosecution reply—expert evidence 78 79C Sanctions for non-compliance with pre-trial disclosure requirements 78 79D Disclosure requirement is ongoing 79 79E Court may waive requirements 80 79F Miscellaneous provision 80 80 Assignment of earnings not enforceable 81 81 Court may inquire into truth of return of writ 81 82 Delegation by secretary of rule-making committee 82 83 Regulation-making power 82 Schedule 1 Subject matter for rules 83 Part 1.1 General 83 1 Jurisdiction 83 2 Service of documents 83 3 Evidence 83 4 Certain proceedings 84 5 Admission of lawyers 84 6 Miscellaneous 84 Part 1.2 Civil proceedings 86 7 Beginning proceedings 86 8 Transfer between courts 86 9 Parties and proceedings 86 10 Steps in proceedings 87

Page contents 7 11 Pleadings 87 12 Disclosure 87 13 Preservation of rights and property 87 14 Ending proceedings early 88 15 Court supervision 88 16 Expert evidence 88 17 Trials and other hearings 89 18 Judgments 89 19 Particular proceedings 90 20 Interest 90 21 Administration and probate 90 22 Adoption 91 23 Arbitration 91 24 Contempt of court 91 25 Trusts 91 26 Costs 91 27 Appeals 92 28 Enforcement of judgments 92 29 Reciprocal enforcement of foreign judgments 93 Part 1.3 Criminal proceedings 94 30 Practice and procedure in criminal jurisdiction 94 Dictionary 95 1 About the endnotes 98 2 Abbreviation key 98 3 Legislation history 99 4 Amendment history 107 5 Earlier republications 130 6 Expired transitional or validating provisions 135

An Act to provide for certain matters relating to courts and tribunals, and for other purposes

1 Name of Act This Act is the Court Procedures Act 2004.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘fee, for part 3 (Court and tribunal fees)—see section 12.’ means that the term ‘fee’ is defined in that section for part 3. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5 Objects of Act (1) The objects of this Act include— (a) recognising the importance of court procedures in our system of justice; and (b) facilitating cooperation between ACT courts in the common goals of— (i) improved access to justice through the development of procedures that are, as far as practicable, the same for all ACT courts; and

Preliminary Part 1 (ii) better court procedures. court includes a tribunal that is a prescribed tribunal under section 6.

5A Main purpose of civil procedure provisions (1) The main purpose of the civil procedure provisions is to facilitate the just resolution of disputes— (a) according to law; and (b) as quickly, inexpensively and efficiently as possible. (2) Without limiting subsection (1), the main purpose includes the following objectives: (a) the just resolution of the real issues in civil proceedings; (b) the efficient use of the judicial and administrative resources available for the purposes of the court; (c) the efficient disposal of a court’s overall caseload; (d) the timely disposal of civil proceedings; (e) the resolution of disputes at a cost that is proportionate to the importance and complexity of the matters in dispute. (3) The civil procedure provisions must be interpreted and applied, and any power or duty imposed by them (including the power to make rules) must be exercised or carried out, in the way that best promotes the main purpose. (4) The parties to a civil proceeding must help the court to achieve the objectives.

civil procedure provisions means— (a) the rules made under section 7, in their application to civil proceedings; and (b) any provision of this Act in relation to the practice and procedure of a court in civil proceedings. court includes a tribunal that is a prescribed tribunal under section 6.

Court rules and forms Part 2

6 Definition for pt 2 and sch 1 In this part and schedule 1: prescribed tribunal means a tribunal prescribed by regulation for this part.

7 Rule-making power (1) The rule-making committee may make rules in relation to the following: (a) the practice and procedure of ACT courts, prescribed tribunals and their registries; (b) anything else mentioned in schedule 1 (Subject matter for rules). Note 1 The power to make rules for a court or tribunal includes power to make rules in relation to any matter necessary or convenient to be prescribed for carrying out or giving effect to the jurisdiction of the court or tribunal under any law of the Territory or Commonwealth that authorises or requires anything to be done in or in relation to the court or tribunal (see Legislation Act, s 45 (Power to make court rules)). Note 2 A rule must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A rule is taken to be made by the rule-making committee if it is signed by 3 or more committee members, 1 of whom must be the member mentioned in section 9 (2) (a) and another of whom must be the member mentioned in section 9 (2) (c) or (d). (3) This section does not limit any inherent or other power of a court, judge, magistrate or prescribed tribunal to control proceedings.

8 Approved forms (1) The rule-making committee may approve forms— (a) for this Act; or (b) for use in or in relation to ACT courts, prescribed tribunals and their registries. (2) If the rule-making committee approves a form for a particular purpose, the approved form must be used for that purpose. (3) A form is taken to be approved by the rule-making committee if it is approved by 3 or more committee members, 1 of whom must be the member mentioned in section 9 (2) (a) and another of whom must be the member mentioned in section 9 (2) (c) or (d). (4) An approved form is a notifiable instrument.

9 Rule-making committee (1) A rule-making committee is established. (2) The rule-making committee consists of the following members: (a) the Chief Justice; (b) 2 other resident judges appointed by the Chief Justice; (c) the Chief Magistrate; (d) another magistrate appointed by the Chief Magistrate. (3) The rule-making committee may conduct its proceedings in the way it decides, whether by holding meetings or in any other way. (4) The Chief Justice is the chairperson of the rule-making committee. (5) However, if the Chief Justice is not personally present at a meeting of the rule-making committee, the member present chosen by the committee is to chair the meeting.

Court rules and forms Part 2 (6) The Chief Justice must approve a public servant as secretary of the rule-making committee.

10 Delegation by Chief Justice and Chief Magistrate (1) The Chief Justice may delegate a function under this part to a resident judge. (2) The Chief Magistrate may delegate a function under this part to a magistrate. (3) However, the Chief Justice or the Chief Magistrate may not delegate the function of being a member of the rule-making committee to a person who is already a member of the committee because of an appointment under section 9 (2). Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. In particular, the delegation may have effect only in stated circumstances, eg if the appointer is away from the ACT.

11 Advisory committee (1) An advisory committee is established. (2) The advisory committee consists of the following members: (a) a resident judge appointed by the Chief Justice as the chairperson of the advisory committee; (b) another resident judge appointed by the Chief Justice; (c) 2 magistrates appointed by the Chief Magistrate; (d) the chief executive officer; (e) the registrar of the Supreme Court; (f) the registrar of the Magistrates Court; (g) a presidential member of the ACAT appointed by the president of the ACAT;

(h) a person appointed by the Australian Capital Territory Bar Association to represent the association; (i) a person appointed by the Law Society of the Australian Capital Territory to represent the society; (j) the director of public prosecutions; (k) the parliamentary counsel; (l) a public servant appointed by the director-general; (m) the secretary of the rule-making committee. (3) The functions of the advisory committee are to— (a) initiate, consider, develop, and advise the rule-making committee on, proposals for making rules and approving forms under this Act; and (b) make recommendations to the rule-making committee about the making of rules and approving of forms under this Act. (4) The advisory committee must consider, and advise the rule-making committee on, proposals for making rules and approving forms under this Act that are referred to it by the rule-making committee. (5) The advisory committee may conduct its proceedings in the way it decides, whether by holding meetings or in any other way. (6) If the chairperson of the advisory committee is not present at a meeting of the committee— (a) if the resident judge mentioned in subsection (2) (b) is present— that resident judge is to chair the meeting; or (b) in any other case—the member present chosen by the committee is to chair the meeting.

Chief executive officer of courts Part 2A 11A Appointment of chief executive officer (1) The Executive must appoint a person as the Chief Executive Officer of ACT Courts and Tribunals (the chief executive officer). (2) However, the Executive must not appoint a person as the chief executive officer— (a) without first considering any recommendation about the appointment made by the Chief Justice, the Chief Magistrate and the president of the ACAT; and (b) unless satisfied that the person has the experience or expertise to qualify the person to exercise the functions of the chief executive officer. (3) The chief executive officer must be appointed for a term of not longer than 5 years. (4) The appointment of a chief executive officer is a notifiable instrument. 11B Administrative functions of chief executive officer (1) The function of the chief executive officer is to support— (a) the Chief Justice in the exercise of an administrative function of the Supreme Court; and (b) the Chief Magistrate in the exercise of an administrative function of the Magistrates Court; and (c) the president of the ACAT in the exercise of an administrative function of the ACAT. (2) For subsection (1), the chief executive officer may do the following: (a) employ staff on behalf of the Territory;

(b) direct a public employee in relation to the exercise of an administrative function of a court or the ACAT; (c) make arrangements with the director-general to use the services of a public servant or Territory facilities; (d) make arrangements about the use and allocation of resources and facilities; (e) exercise any other function given to the chief executive officer under this Act or another Territory law. (3) The chief executive officer’s staff must be employed under the Public Sector Management Act 1994. Note The Public Sector Management Act 1994, div 8.2 applies to the chief executive officer in relation to the employment of staff (see Public Sector Management Act 1994, s 152). 11BA Delegation by chief executive officer The chief executive officer may delegate the chief executive officer’s functions under a territory law to a member of the chief executive officer’s staff. Note For laws about delegations, see the Legislation Act, pt 19.4. 11BB Leave of absence The Attorney-General may grant leave of absence to the chief executive officer on the conditions about remuneration and otherwise that the Attorney-General decides. 11BC Chief executive officer must not do other work The chief executive officer must not, without the Attorney-General’s consent, do either of the following: (a) practise as a legal practitioner; (b) have other paid employment.

Chief executive officer of courts Part 2A 11BD Disclosure of interests The chief executive officer must give written notice to the Attorney-General of all direct or indirect financial interests that the chief executive officer has or acquires— (a) in a business, whether in the ACT or elsewhere; or (b) in a corporation carrying on a business mentioned in paragraph (a).

11C Ending chief executive officer’s appointment (1) The Executive may end the appointment of a person as chief executive officer for— (a) misbehaviour; or (b) physical or mental incapacity, if the incapacity substantially affects the exercise of the person’s functions; or (c) failing to comply with section 11BC (Chief executive officer must not do other work). (2) The Executive must end the person’s appointment if the person— (a) becomes bankrupt or personally insolvent; or Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1. (b) is convicted, or found guilty, in the ACT of an offence punishable by imprisonment for at least 1 year; or Note Found guilty—see the Legislation Act, dictionary, pt 1. (c) is convicted, or found guilty, outside the ACT of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or (d) is absent, other than on leave granted under section 11BB, for 14 consecutive days or for 28 days in any 12-month period; or

(e) fails, without reasonable excuse, to comply with the person’s obligations under section 11BD.

11D Chief executive officer not to direct registrars in relation to court functions (1) A registrar or deputy registrar of a court is not subject to direction by the chief executive officer in the exercise of a function of the court. (2) A registrar or deputy registrar of the ACAT is not subject to direction by the chief executive officer in the exercise of a function of the ACAT.

11E Consultants (1) The chief executive officer may, on behalf of the Territory, engage consultants to, or to perform services for, the chief executive officer. (2) Consultants must be engaged on written terms and conditions decided by the chief executive officer that are approved by the Attorney-General. (3) However, the chief executive officer must not enter into a contract of employment under this section.

12 Definitions—pt 3 determined fee means a fee determined under this part. fee includes a charge and a tax. relevant legislation means any of the following: (a) the ACT Civil and Administrative Tribunal Act 2008; (b) the Coroners Act 1997; (c) this Act; (d) the Crimes (Sentence Administration) Act 2005; (e) the Leases (Commercial and Retail) Act 2001; (f) the Magistrates Court Act 1930; (g) the Supreme Court Act 1933; (h) any other legislation prescribed by regulation. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

13 Determination of fees (1) The Minister may determine fees for any of the following purposes: (a) proceedings in a court or the ACAT, and matters incidental to the proceedings, including— (i) for the Supreme Court—the admission of lawyers; and

(ii) the service and execution of the process of a court or the ACAT; and (iii) the assessment of costs; (b) facilities and services provided by the court or the ACAT, including the service and execution of the process of a court of the Commonwealth, a State, another Territory or a foreign country; (c) the general purposes of relevant legislation. Note 1 The Legislation Act contains provisions about the making of determinations and regulations relating to fees and charges (see pt 6.3). Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104). (2) However, the Minister must not determine fees for a proceeding in the ACAT on an application for review of a decision under the Children and Young People Act 2008, chapter 16A (Care and protection—notification and review of certain decisions). (3) A determination under subsection (1) may provide for any of the following matters: (a) exempting people from liability to pay determined fees, completely or partly, in all or particular circumstances; (b) remitting, refunding or waiving, by a registrar of a court or the ACAT, determined fees, completely or partly, in particular circumstances; (c) deferring, by a registrar of a court or the ACAT, liability to pay determined fees, completely or partly, in particular circumstances. (4) A determination under subsection (1) is a disallowable instrument.

14 Payment of fees (1) A determined fee is payable, in advance, in accordance with the determination that determined the fee, but subject to this section. (2) A determined fee is payable on notice from the registrar of the court or ACAT if it is worked out by reference to expenses actually incurred in exercising the function, or in providing the facility or service, for which the fee is payable.

15 Remission, refund, deferral, waiver and exemption of fees (1) A determined fee may be remitted or refunded, or liability for its payment deferred, in accordance with the determination that determined the fee. (2) A determined fee is not payable— (a) if the person otherwise liable to pay the fee or charge is— (i) exempt from liability to pay the fee under the determination that determined the fee; or (ii) exempt from paying the fee under the Legal Aid Act 1977, section 93 (1) (Exemption from fees and taxes); or (iii) legally assisted under a scheme or service provided or approved by the Attorney-General; or (b) if the registrar of the court or ACAT waives payment by a person of the fee completely or partly because the registrar considers that payment of the fee would impose hardship on the person— to the extent of the waiver; or (c) for lodging a document, or for the service and execution of process, in relation to a proceeding in the Supreme Court— (i) in a criminal matter, including an appeal; or (ii) under the Coroners Act 1997; or

(iii) under the Legal Profession Act 2006, chapter 4 (Complaints and discipline); or (iv) under any of the following Acts: (A) the Adoption Act 1993; (B) the Children and Young People Act 2008; (C) the Family Violence Act 2016; (D) the Guardianship and Management of Property Act 1991; (E) the Mental Health Act 2015; (F) the Personal Violence Act 2016; (G) the Testamentary Guardianship Act 1984; (v) on appeals in relation to the following matters: (A) a matter under the Children and Young People Act 2008; (B) a matter under the Mental Health Act 2015; (C) a decision of the ACAT in relation to an application under the Guardianship and Management of Property Act 1991; or (vi) on a matter that has been remitted to the court by the High Court under the Judiciary Act 1903 (Cwlth), section 44; or (vii) in relation to which a convention to which Australia is a party provides that a fee is not to be payable; or (viii) on an application to the court for an extension of the time within which a proceeding may be begun; or (ix) on an application mentioned in the Juries Act 1967, section 24 (10), section 26A (2) or section 51A (3); or

(x) on an application mentioned in the Spent Convictions Act 2000, section 14C; or (d) for the laying of an information in the Magistrates Court— (i) by the director of public prosecutions acting in the exercise of an official function under a territory law; or (ii) by a police officer acting in the exercise of an official function under a territory law; or (e) if it is not payable under another provision of this Act or another territory law. Note The Territory Crown is not liable to pay a determined fee in a civil proceeding (see s 28 (Court fees and charges)). (3) This section is subject to section 16 and section 17.

16 Recovery of fees in civil proceedings if fees not otherwise payable (1) This section applies in relation to a civil proceeding in the Supreme Court or the Magistrates Court, or an application in the ACAT, between at least 2 parties (the first party and the second party), if— (a) a filing fee, or a fee for the service and execution of process, otherwise payable by the first party is— (i) not payable, completely or partly, because of the exemption of the first party under this part; or (ii) remitted, refunded or waived, completely or partly, under this part; and (b) judgment is given or entered, or an order is made, in favour of the first party; and (c) the first party’s costs are payable by the second party.

(2) The court or ACAT may order the second party to pay to the registrar of the court or ACAT the amount of the fee exempted, remitted, refunded or waived.

17 Recovery of fees in criminal proceedings if fees not otherwise payable (1) This section applies in relation to a criminal proceeding in the Magistrates Court if— (a) the fee (the information fee) that would otherwise be payable by the informant for the laying of the information in the proceeding is not payable, completely or partly, under this part; and (b) the defendant is convicted of the offence alleged in the information and ordered to pay a fine. (2) If this section applies, the defendant must pay to the registrar of the Magistrates Court, in addition to the fine— (a) if payment of the fee is waived in part under this part—the amount of the fee waived; or (b) in any other case—the information fee.

18 Meaning of reviewable decision—div 3.2 In this division: reviewable decision means a decision of a registrar of a court or the registrar of the ACAT mentioned in table 18, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

Review of decisions—fees Division 3.2 Table 18 Reviewable decisions column 1 item column 2 section column 3 decision column 4 person 1 15 (1) refuse to remit person who paid fee 2 15 (1) refuse to refund fee completely or partly person who paid fee 3 15 (1) refuse to defer liability to pay 4 15 (2) (b) refuse to waive 5 15 (2) refuse to allow benefit of an exemption to pay fee

18A Reviewable decisions—court (1) If the registrar of a court makes a reviewable decision, the registrar must give written notice of the decision to each person mentioned in table 18, column 4 in relation to the decision. (2) The notice must tell the person that the person may— (a) apply to the registrar for a statement of reasons for the decision; and (b) apply for review of the decision under this section.

(3) The entity may apply to the registrar for a statement of reasons for the decision within 28 days after the day when the person is given the notice. (4) A person who receives a notice under subsection (1) may apply to the court from which the registrar gave the notice for review of the decision within— (a) 28 days after the day the person is given notice of the decision by the registrar; or (b) if the person applies within the 28-day period for a statement of reasons for the decision—28 days after the day the person is given the statement of reasons. (5) For the review, the court— (a) must be constituted by— (i) for the Supreme Court—a judge; or (ii) for the Magistrates Court—a magistrate; and (b) may make the orders the court considers appropriate.

18B Reviewable decisions—ACAT (1) If the registrar of the ACAT makes a reviewable decision, the registrar must give a reviewable decision notice to each person mentioned in table 18, column 4 in relation to the decision. Note The registrar must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). (2) The following may apply to the ACAT for review of a reviewable decision by the registrar of the ACAT: (a) a person mentioned in table 18, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Review of decisions—fees Division 3.2

18C No fee for review by court or ACAT A fee is not payable for an application under this division.

20 Definitions—pt 4 corresponding law means a law of a State or another Territory that is declared by regulation to be a law that corresponds to this part. Crown includes a Minister, instrumentality or agency of the Crown and a person prescribed by regulation. judgment means a judgment or order of a court or the ACAT. proceeding means a civil proceeding or proceeding before the ACAT. Territory Crown means the Crown in right of the Territory. the Territory includes a Minister, instrumentality or agency of the Territory and a person prescribed by regulation.

Division 4.2 Proceedings by and against Crown generally

21 Proceedings by and against the Crown generally (1) Subject to this part, any relevant rules of court, the ACT Civil and Administrative Tribunal Act 2008 and the Judiciary Act 1903 (Cwlth)— (a) a proceeding may be brought by or against the Crown in the same way as a proceeding between subjects; and (b) the same procedural and substantive law applies to such a proceeding as in a proceeding between subjects.

Proceedings by and against Crown generally Division 4.2 (2) Subject to the regulations, a proceeding may be brought by or against the Crown— (a) for the Territory Crown—under the name of the ‘Australian Capital Territory’; or (b) in any other case—under the name in which the Crown could sue or be sued in the courts of its own jurisdiction. proceeding, against the Crown, includes a proceeding to attach earnings or other debts owing or accruing from the Territory Crown to someone else.

22 Immunities and limitations of liability This division does not affect any immunity from, or limitation on, liability that the Crown enjoys by statute.

23 Corresponding laws of States and other Territories The corresponding law of each State and other Territory binds the Crown in right of the Australian Capital Territory.

24 Injunctive relief (1) Injunctive relief may be granted against the Crown. (2) However, subject to the Administrative Decisions (Judicial Review) Act 1989, section 17 (1), a mandatory injunction cannot be made against the Crown.

25 Protection of confidentiality on grounds of public interest This division does not affect any rule of law under which a person may refuse to discover or produce documents, or to answer an interrogatory or other question, on the ground that to do so would be prejudicial to the public interest.

26 Right of Attorneys-General of other jurisdictions to appear in proceedings (1) The Attorney-General of the Commonwealth may, on behalf of the Commonwealth, represent the Crown in right of the Commonwealth in any action, proceeding or matter (whether civil or criminal) in which the Crown in right of the Commonwealth is a party. (2) The Attorney-General of a State or another Territory may, on behalf of the State or other Territory, represent the Crown in right of the State or other Territory in any action, proceeding or matter (whether civil or criminal) in which the Crown in right of the State or other Territory is a party.

27 Right of Attorney-General to intervene in proceedings (1) This section applies if any of the following are in issue in a court proceeding or proceeding before the ACAT: (a) the interpretation or validity of a law of the Territory or Commonwealth; (b) legislative or executive powers of the Territory or Commonwealth, or an instrumentality or agency of the Territory or Commonwealth; (c) judicial powers of a court or tribunal established under the law of the Territory or Commonwealth. (2) The Attorney-General may intervene in the proceeding, on behalf of the Crown, to submit argument on the issue. (3) If the Attorney-General intervenes in a proceeding under this section, the Attorney-General has the same right of appeal in the proceeding as a party to the proceeding.

Proceedings by and against Crown generally Division 4.2 (4) If the Attorney-General intervenes in a proceeding under this section, and there are in the opinion of the court or ACAT special reasons for making an order under this subsection, the court or ACAT may make an order for costs against the Crown to reimburse the parties to the proceeding for costs occasioned by the intervention. Attorney-General includes the Attorney-General for the Commonwealth, the Attorney-General for each State and the Attorney-General for each other Territory. Crown includes the Crown in right of the Commonwealth, the Crown in right of each State and the Crown in right of each other Territory.

28 Fees and charges in proceedings (1) The Territory Crown is not required to pay any court fee or charge in any proceeding. (2) Any costs to which the Territory Crown is entitled must be calculated as if the Territory Crown were liable to pay, and had in fact paid, fees and charges from which it is exempt under subsection (1). carries on business does not include imposing or collecting— (a) taxes; or (b) levies; or (c) fees for licences, permits or any other form of authority. court includes the ACAT. territory authority means a corporation established under an Act, but does not include a body declared under the Financial Management Act 1996, section 3B not to be a territory authority. Territory Crown does not include a territory authority so far as the authority carries on business.

29 Enforcement of judgments against Territory Crown (1) A writ or similar process must not be issued out of any court or the ACAT to enforce a judgment against the Territory Crown. (2) If— (a) a final judgment is given against the Territory Crown; and (b) the judgment has not been paid; and (c) the judgment has not been appealed against or stayed (or, if it has, the appeal has been disallowed or discontinued or the stay has been removed); and (d) at least 28 days have elapsed since the judgment was given; the party in whose favour the judgment was given may give a copy of the judgment to the Treasurer. (3) If the Treasurer receives a copy of a final judgment under subsection (2), the Treasurer must give directions about how the judgment is to be paid unless the Treasurer is satisfied that the judgment can be, or has been, paid in another way. (4) A direction under this section that requires payment of public money of the Territory operates to authorise payment of the money. (5) The Financial Management Act 1996, section 6 (Necessity for appropriation) does not apply to a payment made in accordance with a direction under this section. (6) A direction under this section that requires payment of an amount from the funds of a territory authority or instrumentality provides sufficient authority for the payment. (7) In this section: Territory Crown—see section 28 (3).

Provisions applying only to the Territory Division 4.3

30 Enforcement of judgments against Crown in right of a State or another Territory (1) A writ or similar process must not be issued out of any ACT court or the ACAT to enforce a judgment against the Crown in right of a State or another Territory. (2) If a final judgment is given by an ACT court or the ACAT against the Crown in right of a State or another Territory, the court must give a copy of the judgment to the Governor or Administrator of the State or Territory.

31 Enforcement of judgments by the Crown Subject to this part, any relevant rules of court and the ACT Civil and Administrative Tribunal Act 2008, a judgment recovered by the Crown may be enforced in the same way as a judgment in a proceeding between subjects, and not in any other way. Division 4.3 Provisions applying only to the Territory

32 Endorsement etc of originating process (1) If a proceeding is brought against the Territory, a statement containing the information prescribed by regulation (if any) must be endorsed on, or annexed to, the process by which the proceeding is begun. (2) A failure to comply with subsection (1) does not render a proceeding void unless the court is of the opinion that the Territory has been prejudiced by that failure.

33 Service generally (1) Any process or document relating to a proceeding must be served on the Territory by serving the process or document on the chief solicitor.

Division 4.3 Provisions applying only to the Territory (2) However— (a) if this part makes special provision about service of the process or document—the process or document must be served in accordance with the special provision; and (b) if the party serving the process or document has notice that a lawyer other than the government solicitor is acting for the Territory in relation to the proceeding—the process or document must be served on that lawyer. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

34 Service of subpoenas etc on Ministers (1) A subpoena or other process issued by a court, tribunal or authority requiring a Minister to appear, in the Minister’s official capacity, to give evidence, or to produce documents, must be given to the chief solicitor for service on the Minister. (2) The chief solicitor must, on receiving a subpoena or other process mentioned in subsection (1), make reasonable endeavours to serve it on the Minister and must provide proof of service to the court, tribunal or other authority. (3) The chief solicitor, if unable to serve a subpoena or other process within a reasonable time, must tell the court, tribunal or other authority of the reasons for not being able to effect service and, in that case, the court, tribunal or other authority may direct that service be effected in some other way.

35 Representation if right to legal representation restricted (1) This section applies to a proceeding if— (a) the Territory or Attorney-General is a party to the proceeding; and

Other provisions Division 4.4 (b) an Act removes or restricts the right of a party to the proceeding to be represented by a lawyer. (2) The Territory or Attorney-General may be represented by a public servant (other than a lawyer, articled clerk or person who holds legal qualifications under a territory law or the law of another place) who is authorised to conduct the proceeding on behalf of the Territory or Attorney-General. (3) In the proceeding, a document apparently signed by a relevant person that appears to be an authorisation under subsection (2) must be accepted as an authorisation in the absence of evidence to the contrary. relevant person means— (a) a Minister; or (b) a director-general; or (c) the chief executive officer of a territory agency or instrumentality.

36 Exclusion of certain proceedings This part does not affect— (a) any proceeding for the recovery or enforcement of a fine, penalty or forfeiture (including the escheatment of a recognisance) imposed in a criminal proceeding; or (b) any law, custom or procedure under which the Attorney-General is entitled or liable to sue, or be sued, or intervene in a proceeding, on behalf of the Crown, on the relation, or on behalf of, any other person or people or in any other capacity or for any other purposes.

37 Regulations for pt 4 A regulation may make provision in relation to— (a) the details to be stated or to accompany process served on the Territory; and (b) the service of process or other documents under this part.

40 Definitions—pt 5 assistant sheriff means a person who is appointed under the Supreme Court Act 1933, section 53 (Sheriff’s assistants). court means— (a) the Supreme Court; or (b) the Magistrates Court; or (c) the Childrens Court; or (d) the Coroner’s Court; or (e) the ACAT; or (f) a board of inquiry established under the Inquiries Act 1991; or (g) a royal commission established under the Royal Commissions Act 1991; or (h) a judicial commission established under the Judicial Commissions Act 1994; or (i) the judicial council established under the Judicial Commissions Act 1994, section 5A; or (j) a court prescribed by regulation; or (k) any other tribunal or entity that is authorised to hear, receive and examine evidence and is prescribed by regulation. court premises means the premises or place where a court is held or that is used in relation to the operations of a court, and includes— (a) a forecourt, courtyard, yard or area used with court premises; and

(b) a part of premises or a place used as an entrance to or exit from court premises. deputy sheriff means a person who is appointed as a deputy sheriff of the Territory under the Supreme Court Act 1933, section 46 (Appointments). explosive—see the Dangerous Substances Act 2004, section 73. firearm—see the Firearms Act 1996, section 6. judge includes a person prescribed by regulation for this definition. magistrate includes a person prescribed by regulation for this definition. offensive weapon means— (a) anything made or adapted for use, or capable of being used, for causing injury to or incapacitating a person; or (b) anything intended for that use by the person who is carrying it or otherwise has it in the person’s possession; and includes an imitation or replica of an offensive weapon. screening search means— (a) for a search of a person—a search by equipment designed to conduct the search without touching the person; and (b) for a search of a thing—a search by equipment designed to conduct the search without touching the thing or requiring it to be opened. security officer means— (a) a police officer; or (b) a sheriff’s officer; or (c) a person who is appointed as a security officer under section 51.

sheriff means the person appointed as the sheriff of the Territory under the Supreme Court Act 1933, section 46 (Appointments). sheriff’s officer means the sheriff, an assistant sheriff or a deputy sheriff.

41 Right of entry etc to court premises (1) A person has a right to enter and remain in an area of court premises that is open to the public if— (a) the person complies with all orders made by a judge or magistrate, whether under this Act or otherwise; and (b) the person complies with all the requirements made under this part by a security officer; and (c) if the person wishes to enter or remain in a courtroom where a court is sitting or about to sit—there is seating for the person in the courtroom. (2) This section is subject to— (a) the ACT Civil and Administrative Tribunal Act 2008, section 39 (Hearings in private or partly in private); and (b) section 72 (Court proceedings involving children or young people not open to public); and (c) the Crimes (Child Sex Offenders) Act 2005, section 132ZG (Proceedings for orders to be closed to public); and (d) the following sections of the Evidence (Miscellaneous Provisions) Act 1991: (i) section 11 (Consequential orders—pt 2.2); (ii) section 50 (Evidence to be given in closed court); (iii) section 70 (Consequential orders—div 4.3.5); (iv) section 73 (Certain evidence to be given in closed court);

(v) section 77 (c) (Application for leave under s 76); (vi) section 79G (5) (Preliminary examination of protected confidence evidence); (vii) section 79I (2) (a) (Ancillary orders for protection of person who made protected confidence); (viii) section 102 (Witness with vulnerability may give evidence in closed court); (ix) section 111 (4) (Prohibition of publication of evidence etc); and (e) the Inquiries Act 1991, section 21 (3) (Power to hold); and (f) the Magistrates Court Act 1930, section 310 (Hearings generally to be in public); and (g) the Royal Commissions Act 1991, section 28 (3) (Power to hold); and (h) the Workplace Privacy Act 2011, section 27; and (i) the inherent jurisdiction of a court to regulate its proceedings; and (j) any other law in force in the ACT about the people who may be present in a court or on court premises.

42 Powers under part additional to other powers The powers under this part are additional to any other powers that a court, judge, magistrate, police officer, sheriff’s officer or anyone else has apart from this part.

43 Security officer to be identified before exercising powers (1) A security officer who is not a police officer or sheriff’s officer may exercise a power under this part in relation to a person only if— (a) the officer first identifies himself or herself as a security officer if it is practicable to do so; and (b) the officer produces his or her identity card for inspection by the person if the person asks the officer to do so. (2) A security officer who is a police officer or sheriff’s officer and is not in uniform may exercise a power under this part in relation to a person only if— (a) the officer first identifies himself or herself as a police officer or sheriff’s officer if it is practicable to do so; and (b) the officer produces evidence that he or she is a police officer or sheriff’s officer if the person asks the officer to do so. (3) If a security officer fails to comply with this section in relation to a person, the person is not obliged to comply with a requirement made by the officer.

44 Person may be required to state name etc (1) If a security officer believes, on reasonable grounds, that a person entering or on court premises is behaving unlawfully, is behaving in a disorderly or menacing way or is a threat to court security, the security officer may require the person to tell the officer— (a) the person’s name; and (b) the person’s reason for entering or being on the premises. (2) A person must not, without reasonable excuse, fail to tell a security officer the person’s name, or the person’s reason for entering or being on the court premises, when required to do so under subsection (1). Maximum penalty: 5 penalty units.

(3) A person must not give a name, or other information, that is false or misleading in a material particular in purported compliance with a requirement under subsection (1). Maximum penalty: 20 penalty units.

45 Searches (1) A security officer may require a person entering or on court premises to do any of the following: (a) to undergo a screening search; (b) to allow anything in the person’s possession to be subjected to a screening search; (c) to open and empty out the person’s pockets; (d) to open or empty a briefcase, bag or container (for example, a box or carton) the person is carrying or is otherwise in the person’s possession or allow the security officer to search anything the person is carrying or is otherwise in the person’s possession. (2) A requirement made by a security officer under this section— (a) may be made only if the officer believes on reasonable grounds that it is prudent for court security; and (b) may be of general application; and (c) must comply with any written policy made in relation to searches under this section by— (i) the Chief Justice; or (ii) the Chief Magistrate; or (iii) the president of the ACAT.

(3) If a security officer makes a requirement of a person under this section, the person must immediately comply with the requirement or leave the court premises. Maximum penalty: 50 penalty units. (4) A security officer who conducts a search under this section must not use more force, or subject a person to greater indignity, than is necessary to conduct the search.

46 Seizure and forfeiture of firearms etc A security officer may seize a firearm, explosive or offensive weapon that a person entering or on court premises is carrying or otherwise has in the person’s possession.

47 Security officer may require thing that may hide firearms etc to be left (1) A security officer may require a person entering or on court premises with anything to leave the thing with the officer if the officer believes on reasonable grounds that the thing may contain a firearm, explosive or offensive weapon or be used as an offensive weapon. (2) If a security officer makes a requirement of a person under this section, the person must immediately comply with the requirement or leave the court premises. Maximum penalty: 50 penalty units, 6 months imprisonment or both. (3) If a person leaves something with a security officer under this section, the person is entitled, on request to a security officer, to the return of the thing when the person leaves the court premises.

48 Unlawful, disorderly conduct etc (1) If a security officer believes on reasonable grounds that a person entering or on court premises is behaving unlawfully or in a disorderly or menacing way, the officer may require the person not to enter, or to leave, the court premises.

(2) However, if the person tells the security officer that the person is required to attend the court, the officer may only make the requirement with the court’s leave or if the officer is satisfied on reasonable grounds that the person is not required to attend the court. (3) For this section, a person is required to attend a court if— (a) the person is a lawyer who is to appear before the court; or (b) the person is a party to a proceeding being heard, or about to be heard, by the court; or (c) the person is required to attend the court by a summons, subpoena or other court process or order; or (d) the person is accompanying a person mentioned in paragraph (a) to (c). (4) A person must not contravene a requirement under this section. Maximum penalty: 50 penalty units, 6 months imprisonment or both.

49 Contravention of requirement of security officer (1) If a person contravenes a requirement of a security officer under section 44 (Person may be required to state name etc), section 45 (Searches) or section 47 (Security officer may require thing that may hide firearms etc to be left), a security officer may require the person— (a) not to enter the court premises or a part of the court premises; or (b) to immediately leave the court premises or a part of the court premises. (2) However, if the person tells the security officer that the person is required to attend the court, the officer may only make the requirement with the court’s leave or if the officer is satisfied on reasonable grounds that the person is not required to attend the court.

(3) For this section, a person is required to attend a court if— (a) the person is a lawyer who is to appear before the court; or (b) the person is a party to a proceeding being heard, or about to be heard, by the court; or (c) the person is required to attend the court by a summons, subpoena or other court process or order; or (d) the person is accompanying a person mentioned in paragraph (a) to (c). (4) A person must not contravene a requirement under this section. Maximum penalty: 50 penalty units. (5) A security officer may prevent a person from entering court premises or a part of court premises in contravention of a requirement under this section or section 48. (6) If a person on court premises contravenes a requirement under this section or section 48, a security officer may require the person to leave the court premises and, if the person does not immediately leave the court premises, remove the person from the court premises using reasonable force.

50 Judge, magistrate or presidential member may close court premises (1) If a judge, magistrate or presidential member considers it necessary for securing order and safety in court premises or a part of court premises, the judge, magistrate or presidential member may— (a) order members of the public generally, or stated members of the public, to leave the court premises or a part of the court premises; or (b) order members of the public generally, or stated members of the public, not to be admitted to the court premises or a part of the court premises.

(2) A person must not contravene an order of a judge, magistrate or presidential member under this section. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) A security officer may prevent a person from entering court premises or a part of court premises in contravention of an order under this (4) If a person on court premises contravenes an order under this section, a security officer may require the person to leave the court premises and, if the person does not immediately leave the court premises, remove the person from the court premises using reasonable force. presidential member—see the ACT Civil and Administrative Tribunal Act 2008, dictionary.

51 Security officers (1) The director-general may appoint a person (other than a police officer or sheriff’s officer) to be a security officer. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). Note 3 Each police officer and sheriff’s officer is a security officer (see s 40, def security officer). (2) The director-general may appoint a person as a security officer only if the director-general is satisfied the person— (a) holds a security licence; and

(b) has not committed an offence against this part or has not been convicted or found guilty of an offence involving fraud, dishonesty, violence, drugs or weapons; and (c) is capable of competently exercising the functions of a security officer under this part. (3) The director-general may end the appointment of a person as a security officer if— (a) the person ceases to hold a security licence; or (b) the person is not employed by a person holding a master licence under the Security Industry Act 2003; or (c) the person commits an offence against this part or has been convicted or found guilty of an offence involving fraud, dishonesty, violence, drugs or weapons; or (d) the person is not capable of competently exercising the functions of a security officer under this part; or (e) the director-general and the person agree to the revocation. Note A security officer’s appointment also ends if the officer resigns (see Legislation Act, s 210). security licence means a licence under the Security Industry Act 2003 that authorises the licensee to patrol, protect, watch or guard property (including cash in transit), whether or not it authorises the licensee to do anything else.

52 Identity cards for security officers (1) The director-general must issue an identity card to each security officer who is not a police officer or sheriff’s officer. (2) The identity card must— (a) state that the person to whom the card is issued is a security officer for this part; and (b) show— (i) a recent photograph of the person; and (ii) the name of the person; and (iii) the date of issue of the card; and (iv) a date of expiry of the card; and (v) anything else prescribed by regulation. (3) A security officer who is not a police officer or sheriff’s officer (a) at all times while on duty at court premises wear the officer’s identity card so it is clearly visible; and (b) produce it for inspection by a person if the person asks the security officer to do so. Maximum penalty: 1 penalty unit. (4) A person appointed as a security officer who ceases to be a security officer must return the officer’s identity card to the director-general as soon as practicable, but within 21 days after ceasing to be a security officer. Maximum penalty: 1 penalty unit.

Mediation Part 5A

52A Definitions—pt 5A accredited mediator means a person who is entered as a mediator in the register of nationally accredited mediators maintained by the Mediator Standards Board. mediation means a meeting between parties to a proceeding in a court or an application to the ACAT and an accredited mediator for resolving a matter to which the proceeding or application relates, and includes a thing done— (a) to arrange the meeting (whether or not successfully); or (b) to follow up anything raised in the meeting. mediation material means— (a) a communication made at mediation; or (b) a document, whether delivered or not, prepared— (i) for or during mediation; or (ii) following a decision made or undertaking given in mediation. Mediator Standards Board means the Mediator Standards Board Limited (ACN 145 829 812).

52B Admissibility of information given at mediation (1) Evidence of mediation material is not admissible in a proceeding before any of the following, except in accordance with the Evidence Act 2011, section 131 (Exclusion of evidence of settlement negotiations): (a) a court; (b) an entity authorised to hear and receive evidence; (c) an entity authorised by the consent of the parties to hear evidence. (2) Evidence of mediation material is not admissible in a proceeding under the ACT Civil and Administrative Tribunal Act 2008 unless all parties agree to the giving of the evidence.

52C Secrecy (1) A person who is or has been an accredited mediator must not disclose mediation material. (2) However, this section does not apply if— (a) the disclosure is required under a territory law or Commonwealth law; or (b) the disclosure is made with the consent of the parties to mediation; or (c) the disclosure is made with the consent of the person who gave the material to the accredited mediator; or (d) the person mentioned in subsection (1) believes on reasonable grounds that— (i) a person’s life, health or property is under serious and imminent threat and the disclosure is necessary to avert, or mitigate the consequences of, its realisation; or

Mediation Part 5A (ii) the disclosure is necessary to report to the appropriate authority the commission of an offence or prevent the likely commission of an offence. offence means an offence involving— (a) violence, or the threat of violence, to a person; or (b) intentional damage, or the threat of intentional damage, to property.

52D Protection of accredited mediator from liability (1) An accredited mediator is not civilly liable for anything done or omitted to be done honestly for the purpose of a mediation. (2) The same privilege in relation to defamation that applies to judicial proceedings applies to— (a) mediation; or (b) mediation material— (i) produced at mediation; or (ii) given to an accredited mediator for arranging, conducting or following up mediation.

Part 6 Procedural provisions—all proceedings Part 6 Procedural provisions—all 53 Application—pt 6 This part applies to all proceedings in the Supreme Court or Magistrates Court.

54 No distinction between court and chambers The business of a court, wherever it is conducted, is taken to be conducted in court.

Procedural provisions—criminal proceedings Part 6A

Part 6A Procedural provisions—criminal

55 Provision of interpreters (a) evidence is to be given by a witness in a criminal proceeding through an interpreter; and (i) the witness does not wish to provide the interpreter; or (ii) the court considers that the person provided, or proposed to be provided, by the witness as an interpreter is not competent to interpret for the witness in the proceeding. Note The Evidence Act 2011, s 30 provides that a witness in a proceeding in an ACT court may give evidence through an interpreter unless the witness can understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, a question put to the witness. (2) The prosecutor must provide a person who is competent to interpret for the witness in the proceeding.

Part 7 Procedural provisions—civil

60 Application—pt 7 This part (other than section 63) applies to a civil proceeding in the Supreme Court or Magistrates Court. Note Section 63 (Receivers) applies only to a civil proceeding in the Supreme Court.

61 Counterclaims and third parties (1) In a proceeding in the court, the defendant is entitled to relief (whether at law or in equity)— (a) against the plaintiff, if the relief claimed would have been granted to the defendant if the defendant had started a separate proceeding against the plaintiff; or (b) against someone other than the plaintiff, if— (i) the relief claimed relates to the subject matter of the proceeding; and (ii) the person is served with written notice of the claim; and (iii) the claim would have been granted to the defendant if the defendant had started a separate proceeding against the (2) If a person is served with a notice mentioned in subsection (1) (b) (ii), the person is taken to be a party to the relevant proceeding with the same rights as if the defendant had started a separate proceeding against the person.

Procedural provisions—civil proceedings Part 7

62 Injunctions (1) At any stage of a proceeding, the court may grant an injunction (interlocutory or otherwise) on the conditions the court considers appropriate if the court considers it appropriate to do so. (2) Without limiting subsection (1), the court may grant an injunction to restrain any threatened or apprehended waste, trespass, breach of contract or other injury. (3) Subsection (2) applies in relation to a threatened waste or trespass to land whether or not— (a) the person against whom the injunction is sought claims any title to the land; or (b) that person is in possession of the land; or (c) the estates claimed by both or either of the parties are legal or equitable.

63 Receivers (1) This section applies only to a civil proceeding in the Supreme Court. (2) At any stage of the proceeding, the court may appoint a receiver if the court considers it appropriate to do so. (3) The appointment may be made on the conditions the court considers appropriate.

64 Rules of practice and procedure—judicial discretion In a proceeding, if no provision about a matter of practice or procedure of a court is made under this Act or another territory law, the court may give the directions about practice and procedure that it considers appropriate.

65 Appearance by lawyer A party to a proceeding in a court may appear before the court either personally or by a lawyer.

66 Non-appearance or absence of some defendants (1) When there are several defendants in any cause pending in the court, if any defendant is not served with process and does not voluntarily appear, the court may nevertheless entertain the cause and proceed to hear and determine it between the parties who are properly before the court. (2) The judgment referred to in subsection (1) in a cause does not prejudice a defendant in the cause who is not served with process and does not voluntarily submit to the jurisdiction of the court. (3) If, in a suit of which the court has jurisdiction, a defendant is not a resident of, or in, Australia and does not voluntarily appear in the suit, the court may nevertheless exercise its jurisdiction after notice to the defendant, and on the conditions, prescribed under the rules.

67 Amendment of defects (1) The court may at any time amend a defect or error in a proceeding in the court. (2) The amendment may be made on the conditions the court considers just. (3) An amendment under this section is to be made for the purpose of deciding the real questions in issue in the proceeding.

Procedural provisions—civil proceedings Part 7

68 Formal defects to be amended (1) No proceedings in the court are to be invalidated by any formal defect or by any irregularity, unless the court is of opinion that substantial injustice has been caused and that the injustice cannot be remedied by an order of the court. (2) The court may make an order declaring that any proceeding is valid despite any formal defect or any irregularity.

Part 7A Procedural provisions— proceedings involving children or young people

68A Definitions—pt 7A and div 7A.1 (1) In this part: commissioner means the person appointed as the Aboriginal and Torres Strait Islander Children and Young People Commissioner under the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, section 10. Aboriginal or Torres Strait Islander child or young person means a child or young person who is an Aboriginal or Torres Strait Islander Aboriginal or Torres Strait Islander person—see the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, dictionary. care and protection chapters means the care and protection chapters under the Children and Young People Act 2008. child—see the Children and Young People Act 2008, section 11. director-general means the director-general responsible for the Children and Young People Act 2008. young person—see the Children and Young People Act 2008, section 12.

(2) In this division: daily care responsibility—see the Children and Young People Act 2008, section 19. long-term care responsibility—see the Children and Young People Act 2008, section 20. victim, of an offence—see the Crimes (Sentencing) Act 2005, section 47.

69 Childrens Court procedure (1) The Magistrates Court Act 1930, chapter 3 (Criminal proceedings), and the rules applying to criminal proceedings in the Magistrates Court, apply to the Childrens Court in relation to a criminal (2) The rules applying to civil proceedings in the Magistrates Court apply to the Childrens Court in relation to any other proceeding.

71 When parents must attend court proceedings (1) A parent of a child or young person who is the subject of a proceeding in a court must attend the court throughout the proceeding if— (a) notice of the proceeding has been given to the parent; or (b) the parent otherwise knows of the proceeding. (2) Notice of a proceeding given to a parent must state— (a) when and where the hearing of the proceeding will begin; and (b) that a warrant may be issued to bring the parent before the court if the parent does not attend throughout the proceeding. (3) The court may issue a warrant to bring a parent of a child or young person before the court if— (a) notice of the proceeding has been given to a parent of the child or young person; but

(b) neither parent attends the court at the beginning of, or at any time during, the proceeding. (4) This section applies to a parent who lives in or outside the ACT. (5) However, this section does not apply to a parent if— (a) daily care responsibility or long-term care responsibility for the child or young person has been transferred to someone else; or (b) for a criminal proceeding—the parent was a victim of an offence to which the proceeding relates and the court excludes the parent under section 72 (2); or (c) exceptional circumstances prevent the parent from attending. Examples—par (c) 1 the parent is overseas and unable to return 2 the parent is serving a sentence of imprisonment by full-time detention (6) Also, this section does not apply to a proceeding under the care and protection chapters.

72 Court proceedings involving children or young people not open to public (1) If a child or young person is the subject of a proceeding in a court, the following people are the only people who may be present at the hearing of the proceeding: (a) an officer of the court; (b) a party to the proceeding, a lawyer representing the party, and an employee of the lawyer; (c) a parent of the child or young person; (d) someone else who has daily care responsibility, or long-term care responsibility, for the child or young person; (e) anyone else the court admits as the child’s or young person’s representative;

(f) the director-general or an authorised person under the Children and Young People Act 2008; (g) the public advocate or a person authorised by the public advocate for this section; (h) if the child or young person is an Aboriginal or Torres Strait Islander person— (i) the Aboriginal and Torres Strait Islander children and young people commissioner; or (ii) a person authorised by the Aboriginal and Torres Strait Islander children and young people commissioner for this section; (i) a person who has, or a representative of an entity that has, provided a report under the care and protection chapters; (j) for a criminal proceeding—a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer; Note Publishing certain information about proceedings involving children is an offence (see Criminal Code, s 712A (Publishing identifying information about childrens proceedings)). (k) for a criminal proceeding—a person who was a victim of an offence to which the proceeding relates, unless the person is excluded by the court under subsection (2); (l) for a criminal proceeding in which circle sentencing is being considered—a person involved in the circle sentencing; (m) anyone else required or permitted to be present by the court or under the Children and Young People Act 2008 or any other Act.

(2) A court may exclude a person who was a victim of an offence to which a criminal proceeding relates from being present at the hearing of the proceeding if it considers it is appropriate to do so having regard to— (a) the person’s behaviour or expected behaviour; or (b) the nature of the person’s relationship with the child or young Example—par (b) a violent or abusive relationship (3) The public advocate and the director-general may make submissions to the court about whether the court should require or permit a person to be present under subsection (1) (m), or exclude a person under subsection (2). (4) If an Aboriginal or Torres Strait Islander child or young person is the subject of a proceeding in a court, the Aboriginal and Torres Strait Islander children and young people commissioner may also make submissions to the court about whether the court should require or permit a person to be present under subsection (1) (m), or exclude a person under subsection (2). circle sentencing—see the Magistrates Court Act 1930, dictionary.

73 Court may excuse parties from attending proceedings (1) This section applies if a child or young person is the subject of a proceeding in a court. (2) On the application of a party to the proceeding, the court may excuse the party from attending all or part of the proceeding. (3) The court may, at any time and by notice given to the party, require the party to attend the proceeding.

74 Certain related applications may be heard together (1) If 2 or more applications have been filed in a court in relation to a child or young person, the court may hear and decide the applications together if it considers that it would be in the best interests of the child or young person. (2) If 2 or more applications are before a court in relation to children or young people who are related, or that raise related matters about children or young people, the court may hear and decide the applications together if it considers that it would be in the best interests of each child or young person.

74A Participation of children and young people in (1) A child or young person has a right to take part in a proceeding in a court in relation to the child or young person. (2) The court may ask the director-general to assist the court by giving the child or young person sufficient information about the proceeding, in language and a way that the child or young person can understand, to allow the child or young person to take part fully in the

74B Court must ensure children and young people etc understand proceedings In a proceeding under the Children and Young People Act 2008 or another territory law to which a child or young person is a party, the court must endeavour to ensure that the child or young person and any other party present at the hearing of the proceeding— (a) understands the nature and purpose of the proceeding and of any order that the court proposes to make or has made; and (b) if any relevant right of appeal exists—knows of the existence of a right of appeal against the relevant finding or order of the court.

74C Director-general, public advocate and Aboriginal and Torres Strait Islander children and young people commissioner etc may appear at proceedings (1) This section applies if there is a hearing in a court of— (a) a proceeding against a child or young person; or (b) an application, proceeding or matter under the Children and Young People Act 2008 or in relation to which that Act applies. (2) Each of the following is entitled to appear and be heard and may call witnesses: (a) the director-general; (b) an authorised person under the Children and Young People Act 2008; (c) the public advocate; (d) a person authorised by the public advocate for this section; (e) if the hearing relates to an Aboriginal or Torres Strait Islander child or young person— (i) the Aboriginal and Torres Strait Islander children and young people commissioner; or (ii) a person authorised by the Aboriginal and Torres Strait Islander children and young people commissioner for this

74D Court may order report about young person (1) A court hearing a criminal proceeding in relation to or against a child or young person may order the director-general to give the court a report about the child or young person. (2) A director-general given an order must, despite any other ACT law other than the Human Rights Act 2004, give a report.

(3) In giving effect to the order, the director-general may do, or arrange for someone else to do, 1 or more of the following: (a) visit and interview the child or young person; (b) interview a parent of the child or young person; (c) interview a schoolteacher or other person involved with the education or welfare of the child or young person; (d) require the child or young person to submit to being interviewed by a doctor or other named person. (4) Unless a court otherwise orders, a copy of the report must be made available to the parties to the proceeding. (5) The person providing the report may be called as a witness by a party to the proceeding.

74E Children and young people may have legal and other representative (1) In a proceeding in a court in relation to a child or young person, the child or young person may be represented by a lawyer or litigation guardian, or both. (2) A representative of the child or young person must ensure that views and wishes stated by the child or young person are put to the court. (3) A representative of the child or young person must tell the court whether the representative is acting on the child’s or young person’s instructions or in the best interests of the child or young person, or both.

74F Leave needed for litigation guardian (1) In a proceeding in a court in relation to a child or young person, a person may be a litigation guardian for the child or young person only if the court gives leave. (2) The court may give leave for a person to be a litigation guardian for a child or young person only if both the person and the child or young person have been given an opportunity to be heard about the appointment.

74G Legal representation of children and young people A court may hear a proceeding in relation to a child or young person only if— (a) the child or young person has a lawyer; or (b) the court is satisfied that— (i) the child or young person has had a reasonable opportunity to get legal representation; and (ii) the best interests of the child or young person will be adequately represented in the proceeding.

74H Orders about legal representation of children and young people—all proceedings (1) This section applies if, in a proceeding in a court in relation to a child or young person— (a) the child or young person does not have a lawyer; and (i) the court is not satisfied that the child or young person has made, or can make, an informed and independent decision not to be represented by a lawyer, and it considers that the child or young person should be represented by a lawyer; or

(ii) the court is not satisfied that the interests of the child or young person will be adequately represented in the (2) The court may, on application or on its own initiative, make any order, or give any direction, it considers necessary or desirable to allow the child or young person a reasonable opportunity to get a lawyer.

74I Rule-making committee and court to have regard to youth justice principles (1) The rule-making committee must have regard to the youth justice principles in making rules that relate, or may relate, to criminal proceedings involving children or young people. (2) A court must have regard to the youth justice principles in deciding any matter relating to the conduct of a criminal proceeding before the court that involves a child or young person. (3) A court may also have regard to the youth justice principles when deciding any matter relating to the conduct of a criminal proceeding before the court that involves— (a) a person who is at least 18 years old but under 21 years old; and (b) an offence committed, or allegedly committed, by the person when he or she was under 18 years old. youth justice principles—see the Children and Young People Act 2008, section 94.

Division 7A.2 Care and protection considerations in

74K Proceedings dismissed or adjourned for care and protection reasons (1) If, when hearing an indictment against a child or young person, the court is satisfied that the child or young person is in need of care and protection, the court may— (a) dismiss the indictment; or (b) adjourn the proceeding for up to 15 days. Note Indictment includes information (see Legislation Act, dict, pt 1). (2) If a court acts under subsection (1), the court must, as soon as practicable but not later than 2 working days after the day it acts, give a statement of the reasons for the action to— (a) the director-general; and (b) the public advocate; and (c) if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner. (3) The statement of reasons must contain the following information about the proceeding: (a) if the proceeding has been adjourned—the reason the proceeding was adjourned; (b) the circumstances the court is aware of that led to the child or young person coming before the court; (c) the factors that satisfied the court that the child or young person is in need of care and protection.

Care and protection considerations in proceedings Division 7A.2 (4) The director-general must treat a statement of reasons given to the director-general under subsection (2) as if it were a report made under the Children and Young People Act 2008, section 356 (Offence— mandatory reporting of abuse). in need of care and protection, for a child or young person—see the Children and Young People Act 2008, section 345.

74L Director-general must report to court, public advocate and Aboriginal and Torres Strait Islander children and young people commissioner (a) a proceeding has been adjourned under section 74K (1); and (b) the court has given the director-general a statement of reasons under section 74K (2). (2) Not later than 15 days after the day the court adjourns the proceeding under section 74K (1), the director-general must tell the public advocate, the Aboriginal and Torres Strait Islander children and young people commissioner and the court, in writing— (a) what action the director-general has taken, is taking or proposes to take under the care and protection chapters in relation to the child or young person; or (b) if the director-general proposes to take no action under any care and protection chapter in relation to the child or young person— that the director-general proposes to take no action. (3) However, for subsection (2), the director-general need only tell the commissioner about action taken or proposed to be taken (or that no action is proposed) in relation to an Aboriginal or Torres Strait Islander child or young person.

(4) Without limiting when the director-general is taken to have complied with subsection (2), the director-general is taken to have complied with that subsection if the director-general— (a) makes an application under the care and protection chapters in relation to the child or young person; and (b) gives a copy of the application to— (i) the public advocate; and (ii) if the child or young person is an Aboriginal or Torres Strait Islander person—the Aboriginal and Torres Strait Islander children and young people commissioner.

74M Court action after adjournment (1) This section applies when a proceeding adjourned under section 74K (1) comes before the court again. (2) The court may dismiss the proceeding— (a) if— (i) the director-general has, under section 74L (2) (a), told the court what action the director-general has taken, is taking or proposes to take under the care and protection chapters in relation to the child or young person; and (ii) the court is satisfied that taking the action is in the best interests of the child or young person; or (b) if— (i) the director-general has, under section 74L (2) (b), told the court that the director-general proposes to take no action under any care and protection chapter in relation to the child or young person; and

Care and protection considerations in proceedings Division 7A.2 (ii) the court is satisfied that it is in the best interests of the child or young person that the director-general takes no action; or (c) the director-general has made an application under the care and protection chapters in relation to the child or young person. (3) The court may also make any other order or take any other action in relation to the indictment against the child or young person that the court considers appropriate.

Part 7B Procedural provisions—industrial or work safety matters Part 7B Procedural provisions— industrial or work safety matters 74N Industrial Court procedure (1) The Magistrates Court Act 1930, chapter 3 (Criminal proceedings), and the rules applying to criminal proceedings in the Magistrates Court, apply to the Industrial Court in relation to a criminal (2) The rules applying to civil proceedings in the Magistrates Court apply to the Industrial Court in relation to any other proceeding.

Supreme Court criminal proceedings—preliminary Division 8.1 Part 8 Supreme Court—criminal Division 8.1 Supreme Court criminal proceedings—preliminary 75 Application—pt 8 This part applies to a criminal proceeding in the Supreme Court. Division 8.2 Trial on indictment 76 Supreme Court jurisdiction to make orders for conduct of indictable trials (1) The Supreme Court has jurisdiction in relation to the conduct of a criminal proceeding against an accused person for an indictable offence— (a) if the accused person is committed to the sittings of the Supreme Court for the offence—when the Magistrates Court has completed making— (i) an order to commit the accused person to the sittings of the Supreme Court (the committal order); and (ii) any other orders incidental to the committal order; or (b) in any other case—when an indictment for the offence is presented against the accused person in the Supreme Court. (2) Any orders, rulings or directions that may be made by the Supreme Court for the purposes of a trial for an indictable offence may be made before— (a) if the tribunal of fact for the trial is a jury—the jury is empanelled; or

(b) if the tribunal of fact for the trial is a judge alone—the judge starts hearing evidence to determine the guilt or innocence of the accused person. (3) An order, ruling or direction of the Supreme Court under subsection (2) is binding on the trial judge at the hearing of the trial unless in the opinion of the trial judge it is not in the interests of justice for the order, ruling or direction to remain binding. (4) Subject to this Act, the point in a criminal proceeding on indictment against an accused person when an order, ruling or direction under subsection (2) is made is taken to be part of the trial of the accused (5) If an accused person elects to be tried by a jury, the person may be arraigned again in the presence of the panel of jurors.

76A Application—div 8.2A (1) This division applies to a criminal proceeding that— (a) begins on or after the day the Crimes (Disclosure) Legislation Amendment Act 2024, section 4 commences; and (b) is a trial on indictment in which the Supreme Court has jurisdiction. (2) However, the court may, by order, dispense with the application of any or all of the provisions of this division to a particular proceeding if satisfied it is in the interests of justice.

76B Pre-trial disclosure of relevant material by prosecutor (1) The prosecutor in a criminal proceeding must give the following to an accused person: (a) a copy of, or a written notice about the right to inspect, any information, document or other thing that— (i) was provided to the prosecutor by a police officer or other person responsible for investigating the offence, or is otherwise in the possession or control of the prosecutor; and (ii) would reasonably be regarded as relevant to either the prosecution case or the defence case; and (iii) has not otherwise been disclosed to the accused person; Note If the accused person was committed to trial by the Magistrates Court, some things may have already been disclosed to the accused person in the brief of evidence before the committal hearing (see Magistrates Court Act 1930, s 90). (b) a list identifying— (i) any information, document or other thing of which the prosecutor is aware and that— (A) would reasonably be regarded as relevant to either the prosecution case or the defence case; and (B) is not in the possession or control of the prosecutor or the accused person; and (C) has not otherwise been disclosed to the accused person; and (ii) the place where the prosecutor believes the information, document or other thing may be found; (c) a list of all statements given by witnesses whom the prosecutor proposes to call at the trial.

(2) Subsection (1) requires the prosecutor to give the accused person information, a document or another thing, or a notice about inspection of it, whether or not it could be admitted as evidence. (3) The prosecutor must comply with this section— (a) in accordance with a timetable determined by the court; or (b) if no timetable is determined by the court—not later than 28 days before the date set for the trial in the proceeding. (4) The prosecutor must give the accused person a notice under subsection (1) (a) about the right to inspect information, a document or another thing only if— (a) it is impracticable to copy the information, document or other thing; or (b) the accused person agrees to inspect the information, document or other thing instead of receiving a copy of it.

76C Ongoing duty of disclosure by prosecutor (1) The prosecutor in a criminal proceeding must give an accused person a copy of, or a written notice about the right to inspect, any information, document or other thing that— (a) comes into the prosecutor’s possession or control, or to their notice, after complying with section 76B (1); and (b) is mentioned in that subsection; and (c) has not been given to the accused person. Note The prosecutor must comply with this subsection as soon as possible after the information, document or other thing comes into their possession or control, or to their notice (see Legislation Act, s 151B).

(2) The prosecutor must give the accused person a notice under subsection (1) about the right to inspect information, a document or another thing only if— (a) it is impracticable to copy the information, document or other thing; or (b) the accused person agrees to inspect the information, document or other thing instead of receiving a copy of it.

76D Prosecutor must allow inspection of certain disclosed matters on request (1) This section applies if an accused person has been given a notice mentioned in section 76B (1) (a) or section 76C (1) about the right to inspect information, a document or another thing. (2) The accused person or their lawyer may ask the prosecutor to allow the accused person or their lawyer to inspect the information, document or other thing. (3) The prosecutor must comply with a request under this section.

76E Address and contact details of people generally must not be disclosed under div 8.2A (a) the prosecutor is required under this division to do any of the following (a disclosure obligation): (i) give an accused person a copy of, or a notice about the right to inspect, information, a document or another thing; (ii) allow the accused person or their lawyer to inspect the information, document or other thing; and (b) complying with the disclosure obligation would— (i) disclose an address or contact details of a witness proposed to be called by the prosecutor or any other living person; or

(ii) allow the address or contact details to be worked out; and (c) the address or contact details are not relevant to the prosecution case or the defence case. (2) The prosecutor must comply with the disclosure obligation to the extent possible without— (a) disclosing the address or contact details; or (b) allowing the address or contact details to be worked out. Examples 1 The prosecutor redacts a person’s address or contact details from a copy of a document given to the accused person.

2 The prosecutor, when allowing the accused person to inspect something with a person’s address or contact details on it, temporarily conceals the address or contact details so it cannot be read by the accused person. 3 The prosecutor does not give the accused person a copy of a document that consists solely of the address or contact details of a person, and notifies the accused person why the document was not disclosed. (3) The court may make an order requiring the prosecutor to comply with subsection (2) in a particular way or subject to particular conditions. (4) Subsection (2) does not apply if the court is satisfied that— (a) it is in the interests of justice (including the right of the accused person to prepare for the hearing of the evidence for the prosecution) that the person’s address or contact details be disclosed; and (i) disclosure of the address or contact details is not likely to create a reasonably foreseeable risk to the welfare or safety of the person or any other person; or (ii) if there is a risk mentioned in subparagraph (i)—the interests of justice outweigh the risk.

(5) This section does not apply to the disclosure of a person’s address or contact details in general terms that does not— (a) disclose the person whose address or contact details it is; or (b) allow the person whose address or contact details it is to be worked out.

76F Material used to give evidentiary certificate need not be disclosed under div 8.2A (1) This division does not require a prosecutor to give an accused person a copy of, or a notice about the right to inspect, any information, document or other thing that was prepared or used only in the course of giving an evidentiary certificate. evidentiary certificate means a certificate that, under a territory law, is evidence of the matters stated in the certificate.

76G Sanctions for non-compliance with disclosure requirements (a) the prosecutor in a criminal proceeding seeks to adduce evidence in the proceeding; and (b) the prosecutor failed to disclose the evidence to an accused person in accordance with this division. (2) The court may refuse to admit the evidence. (3) The court may grant an adjournment to a party to the proceeding (other than the prosecutor) if admission of the evidence would prejudice the case of the party.

76H Effect of div 8.2A on other laws (1) This division does not limit another territory law that requires the prosecution in a criminal proceeding to disclose something to an accused person. Note Territory law includes the common law (see Legislation Act, dict, pt 1, def territory law and law, of the Territory). (2) This division does not require the disclosure by the prosecutor of anything that is the subject of— (a) a claim of privilege or public interest immunity; or (b) an immunity conferred by a law applying in the ACT or elsewhere; or (c) a prohibition or restriction under a law applying in the ACT or elsewhere on the disclosure of the thing to the accused person (a non-disclosure obligation). (3) However, if the prosecutor does not disclose something mentioned in subsection (2), they must instead give the accused person a statement that— (a) describes the thing to the extent possible without— (i) prejudicing a claim or intended claim of privilege or immunity or an application in relation to a non-disclosure obligation; or (ii) contravening a non-disclosure obligation; and (b) outlines the nature of the claim or intended claim of privilege or immunity or the non-disclosure obligation that applies to the thing. (4) A statement under subsection (3) must be given to the accused person— (a) if the thing was not disclosed under section 76B—at the same time as disclosure is required under section 76B (3); or

(b) if the thing was not disclosed under section 76C—as soon as possible after the thing comes into the prosecutor’s possession or control, or to their notice.

77 Application—div 8.3 (1) This division applies to a criminal proceeding that is a trial on indictment of an accused person in which— (a) the Supreme Court has jurisdiction; and (b) neither of the following events in the trial has happened: (i) if the tribunal of fact for the trial is a jury—the jury is empanelled; (ii) if the tribunal of fact for the trial is a judge alone—the trial judge starts hearing evidence to determine the guilt or innocence of the accused. criminal proceeding—a reference to a criminal proceeding includes a criminal proceeding begun before the day on which this section commences. trial—a reference to a trial includes a retrial.

78 Mandatory pre-trial disclosure—expert evidence (1) After an indictment is filed in a proceeding, the following pre-trial disclosure is required: (a) the prosecutor must give each accused person written notice in accordance with section 79 about whether or not the prosecution will adduce expert evidence in the proceeding;

(b) an accused person must give the prosecution and each co-accused person (if any)— (i) written notice about whether or not the accused person will adduce expert evidence in the proceeding; and (ii) if the accused person receives written notice under this division from the prosecution or a co-accused person about an intention to adduce expert evidence in the proceeding— written notice in reply in accordance with section 79A; (c) if the prosecutor receives written notice under this division from an accused person about an intention to adduce expert evidence in the proceeding—the prosecutor must give each accused person written notice in reply in accordance with section 79B. (2) Pre-trial disclosure in accordance with this section must happen before the date set for the trial in the proceeding and in accordance with a timetable determined by the court. (3) The court may vary the timetable determined under subsection (2) if it considers that it would be in the interests of justice to do so.

79 Prosecution notice—expert evidence For section 78 (1) (a), written notice by a prosecutor in a proceeding (a) if the prosecution intends to adduce expert evidence in the proceeding—include the following: (i) a statement that the prosecution intends adducing expert evidence in the proceeding; (ii) a copy of any statement or report relevant to the proceeding that sets out the opinion of a person who the prosecution intends to call as an expert witness in the proceeding;

(iii) a copy of any other real evidence that is relevant to expert evidence that the prosecution proposes to adduce at the trial or, if it is not practicable to copy the real evidence, a detailed description of the real evidence; (iv) any chart or explanatory material relating to expert evidence that the prosecution proposes to adduce at the trial; or (b) if the prosecution does not intend adducing expert evidence in the proceeding—a statement that the prosecution does not intend adducing expert evidence in the proceeding.

79A Accused person’s notice and reply—expert evidence (1) For section 78 (1) (b) (i), written notice by an accused person about expert evidence in the accused person’s case must— (a) if the accused person intends to adduce expert evidence in the proceeding—include the following: (i) a statement that the accused person intends adducing expert evidence in the proceeding; (ii) a copy of any statement or report relevant to the proceeding that sets out the opinion of a person who the accused person intends to call as an expert witness in the proceeding; (iii) a copy of any other real evidence that is relevant to expert evidence that the accused person proposes to adduce at the trial or, if it is not practicable to copy the real evidence, a detailed description of the real evidence; (iv) any chart or explanatory material relating to expert evidence that the accused person proposes to adduce at the trial; or (b) if the accused person does not intend adducing expert evidence in the proceeding—a statement that the accused person does not intend adducing expert evidence in the proceeding.

(2) For section 78 (1) (b) (ii), written notice by an accused person in reply to a notice under this division from the prosecution or a co-accused person (a party’s notice) in a proceeding must— (a) if the party’s notice states an intention to adduce expert evidence in the proceeding—state any objections or relevant matters of fact or law that the accused person intends to raise in relation to the expert evidence; and (b) if the party’s notice states the party does not intend adducing expert evidence in the proceeding—confirm receipt of the party’s notice.

79B Prosecution reply—expert evidence For section 78 (1) (c), written notice by the prosecution in reply to a notice under this division from an accused person in a proceeding (a) if the accused person’s notice states an intention to adduce expert evidence in the proceeding—state any objections or relevant matters of fact or law that the prosecution intends to raise in relation to the expert evidence; and (b) if the accused person’s notice states no intention to adduce expert evidence in the proceeding—confirm receipt of the accused person’s notice.

79C Sanctions for non-compliance with pre-trial disclosure requirements (1) The court may refuse to admit expert evidence sought to be adduced by a party in a proceeding if the party failed to disclose the evidence to the other parties in accordance with this division. (2) The court may refuse to admit evidence from an expert witness sought to be adduced by a party in a proceeding if the party failed to give the other parties a copy of a report by the expert witness in accordance with requirements for pre-trial disclosure imposed under this division.

(3) The court may grant an adjournment to a party (the first party) if another party (the second party) seeks to adduce evidence in the proceedings that the second party failed to disclose in accordance with requirements for pre-trial disclosure imposed under this division and that would prejudice the case of the first party.

79D Disclosure requirement is ongoing (1) The obligation to comply with the requirements for pre-trial disclosure in relation to expert evidence under this division applies until— (a) the accused person is convicted or acquitted of the charges in the indictment; or (b) the prosecution is brought to an end. (2) If a party becomes aware of a notifiable development in relation to expert evidence disclosed under this division after the evidence was disclosed the party must notify each other party to the proceeding about the development as soon as practicable. (3) A party may, with the leave of the court, amend notice given by the party under this division if notification about a notifiable development is received from another party that would affect the contents of the party’s notice. (4) A party that amends the party’s notice in accordance with subsection (3) must give the amended notice to each other party to the notifiable development, in relation to expert evidence required to be disclosed under this division in a proceeding, means any information, document, thing or occurrence relevant to— (a) an understanding of the expert evidence; or

(b) the reliability of the expert evidence or a person who is proposed to give the evidence in the proceeding; or (c) the use or effect of the expert evidence in a proceeding.

79E Court may waive requirements (1) A court may, by order, waive any of the pre-trial disclosure requirements under this division if the court considers that it would be in the interests of justice to do so. (2) The court may make an order under this section on its own initiative or on the application of the prosecutor or an accused person. (3) An order may be made subject to any condition the court considers appropriate. (4) The court must take into account whether the accused person is represented by a lawyer when considering whether to make an order under this section. (5) The court must give reasons for the making of an order under this

79F Miscellaneous provision A statement about any matter that is made by or on behalf of the accused person for the purposes of complying with requirements for pre-trial disclosure imposed by or under this division does not constitute an admission of that matter by the accused person.

Miscellaneous Part 9

80 Assignment of earnings not enforceable (1) An assignment of earnings is not enforceable. (2) Subsection (1) has effect regardless of— (a) the nature of the instrument effecting the assignment; or (b) the nature of the transaction that gave rise to the assignment. earnings means a sum payable to a person— (a) by way of wages or salary, including any fee, bonus, commission, overtime pay or other amount payable in addition to wages or salary; or (b) by way of pension, including— (i) an annuity in relation to past services, whether or not the services were rendered to the person paying the annuity; and (ii) periodical payments in relation to compensation for the loss, or any reduction in benefits, of any office or employment; and (iii) periodical payments in relation to compensation for the loss of wages or salary because of illness or injury.

81 Court may inquire into truth of return of writ Upon the return of a writ of habeas corpus, the court before which the writ is returnable may inquire into the truth of the matters set out in the return of the writ.

82 Delegation by secretary of rule-making committee The secretary of the rule-making committee may delegate a function under the Legislation Act, section 61 (Notification of legislative instruments) to a public servant. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

83 Regulation-making power The Executive may make regulations for this Act.

General Part 1.1 Item 1 (see s 7)

Part 1.1 General 1 Jurisdiction (1) the jurisdiction of ACT courts, including civil, criminal and any appellate jurisdiction (2) the jurisdiction of prescribed tribunals (3) the jurisdiction of registrars and deputy registrars, including review of their decisions 2 Service of documents service of documents, including, for example, the following: (a) the kinds of service, including personal service and electronic service; (b) service outside the ACT or Australia; (c) service of foreign legal process in the ACT 3 Evidence taking evidence generally, including, for example, the following: (a) the way evidence may be given; (b) dispensing with the rules of evidence; (c) taking evidence out of court; (d) taking of evidence for future claims; (e) subpoenas;

Part 1.1 General Item 4 (f) affidavits and exchange of correspondence instead of affidavit evidence; (g) obtaining evidence, including calling witnesses; (h) taking evidence outside the ACT or Australia; (i) taking evidence in the ACT for foreign courts and tribunals 4 Certain proceedings (1) review of Magistrates Court decisions by order nisi (2) cases stated and questions reserved to the Supreme Court (3) cases stated and questions reserved from the Supreme Court to the Court of Appeal 5 Admission of lawyers the admission of lawyers 6 Miscellaneous the following matters: (a) case management; (b) documents filed in registries, including electronic filing; (c) the receipt, issue or transmission electronically of forms and other documents and material for use in, or in relation to, proceedings; (d) functions of registries generally; (e) exhibits and other things held by an ACT court or prescribed tribunal for a proceeding, including, for example, disposal or destruction of unclaimed things; (f) rules relating to lawyers acting for parties in proceedings; (g) rules about the reckoning of time and anything else about time;

General Part 1.1 Item 6 (h) confidentiality for mediators, neutral evaluators and expert witnesses; (i) protection from liability for mediators, neutral evaluators and expert witnesses; (j) security of court premises, including the use of electronic devices in court premises; (k) transitional arrangements

Item 7 7 Beginning proceedings beginning proceedings, including, for example, the following: (a) originating process, including duration, renewal and setting aside; (b) where to begin proceedings; (c) preliminary discovery, including discovery to identify defendants 8 Transfer between courts transfer of proceedings between courts, including, for the Supreme Court, cross-vesting of jurisdiction 9 Parties and proceedings parties and proceedings, including, for example, the following: (a) several causes of action and parties in civil proceedings, including reconstitution of proceedings and representative parties; (b) multiple civil proceedings; (c) interpleader proceedings; (d) proceedings by or against businesses or people with a legal disability; (e) set-off and contribution, including, for example, rights to set-off and contribution; (f) third-party procedure

Item 10 10 Steps in proceedings steps in proceedings, including, for example, the first step for a defendant in a proceeding 11 Pleadings pleadings, including, for example, the following: (a) matters in pleadings and particulars; (b) progress of pleadings; (c) particular pleadings, including statements of claim, defences and counterclaims; (d) striking out pleadings and particulars 12 Disclosure disclosure, including, for example, the following: (a) disclosure by parties, including discovery and inspection of documents and interrogatories; (b) non-party disclosure; (c) admissions; (d) disclosure of experts reports; (e) disclosure of other material to which legal professional privilege may attach, including by direction or order of the court or tribunal 13 Preservation of rights and property preservation of rights and property, including, for example, the following: (a) inspection, detention and preservation of property; (b) injunctions;

Item 14 (c) for the Supreme Court—receivers and sales of land by court order 14 Ending proceedings early ending proceedings early, including, for example, the following: (a) ending proceedings because of default; (b) summary decisions; (c) discontinuance and withdrawal; (d) offers to settle and payments by defendants; (e) the referral of cases to arbitration; (f) alternative dispute resolution processes 15 Court supervision court supervision, including, for example, the following: (a) directions about conducting proceedings; (b) consequences of failing to comply with rules, directions or court orders; (c) amendments, with and without leave; (d) continuation of proceedings after delay; (e) pre-trial matters, including pre-trial directions and rulings 16 Expert evidence expert evidence generally, including, for example, the following: (a) giving immunity from action to experts in relation to reports tendered in evidence; (b) matters relating to court experts, including— (i) how the court is to choose an expert; and

Item 17 (ii) how experts may give evidence and be questioned; (c) defining the duty of expert witnesses in relation to the court and the parties; (d) prescribing the basis of, and conditions for, admissibility of expert evidence 17 Trials and other hearings trials and other hearings, including, for example, the following: (a) practice lists; (b) list applications for hearing and setting trial dates; (c) conduct of trials; (d) decisions without pleadings or without hearings; (e) separate decisions on questions; (f) assessors and special referees; (g) making findings of liability independently of awarding damages; (h) assessment and awarding of damages, including, for example— (i) structured settlements, that is, payment of awards of damages otherwise than in lump sum form; and (ii) awarding damages independently of making findings of liability; (i) simplifies procedures for certain claims 18 Judgments judgments, including, for example, the following: (a) effect of judgments; (b) setting aside judgments

Item 19

19 Particular proceedings particular proceedings, including, for example, the following: (a) taking of accounts; (b) proceedings for damages for personal injury or death; (c) the payment of amounts into court; (d) for the Supreme Court—judicial review proceedings; (e) for the Supreme Court—prerogative orders, including prerogative injunctions and declarations, and the form in which prerogative relief or remedy may be granted; (f) for the Supreme Court—habeas corpus orders, including the form in which relief by way of habeas corpus may be granted 20 Interest interest, including, for example, the following: (a) interest up to judgment; (b) interest on judgments 21 Administration and probate for the Supreme Court, administration and probate, including, for example, the following: (a) applications for grants of probate or letters of administration and the documents required; (b) resealing grants; (c) caveats objecting to grants, orders to administer or resealing grants; (d) contested proceedings

Item 22 22 Adoption for the Supreme Court, adoption, including, for example, applications for adoptions 23 Arbitration for the Supreme Court, arbitration, including, for example, the use of court-appointed referees 24 Contempt of court contempt of court, including, for example, the following: (a) contempt of the court as constituted other than by a judge or magistrate; (b) proceedings for failure to comply with orders, other than orders to pay an amount 25 Trusts for the Supreme Court, trusts 26 Costs costs, including, for example, the following: (a) security for costs; (b) entitlement to recover costs; (c) costs of parties in proceedings; (d) costs against non-parties to proceedings; (e) assessment of costs

Item 27 27 Appeals appeals, including, for example, the following: (a) for the Magistrates Court and prescribed tribunals—appeals to the Supreme Court; (b) for the Supreme Court— (i) appeals to the Supreme Court other than to the Court of Appeal; and (ii) appeals to the Court of Appeal 28 Enforcement of judgments enforcement of judgments, including, for example, the following: (a) enforcement hearings, including examination procedures; (b) enforcement orders, including the following: (i) enforcement orders for entry onto, and delivery of possession of, land; (ii) enforcement orders for seizure and sale of property; (iii) enforcement orders for seizure and delivery of particular goods; (iv) enforcement orders for seizure and detention of property; (v) enforcement orders for the attachment or redirection of debts, income and other money; (vi) for the Supreme Court—enforcement orders for charging orders and stop orders; (c) instalment orders; (d) powers of enforcement officers

Item 29 29 Reciprocal enforcement of foreign judgments reciprocal enforcement of foreign judgments

Part 1.3 Criminal proceedings Item 30 Part 1.3 Criminal proceedings 30 Practice and procedure in criminal jurisdiction practice and procedure in the criminal jurisdiction of the Magistrates Court and Supreme Court (including any appellate jurisdiction) generally, including, for example, the following: (a) forms for proceedings; (b) beginning criminal proceedings, including indictments and informations; (c) appearance; (d) arraignments; (e) applications; (f) pleadings; (g) duties of lawyers and the court; (h) pre-trial matters, including pre-trial directions and rulings; (i) regulating hearings and trial proceedings; (j) expert evidence; (k) custody and inspection of exhibits; (l) recording of proceedings and access to records; (m) costs payable to defendants in particular circumstances; (n) inspecting registry files; (o) appeals, including appeals to the Supreme Court and Court of Appeal; (p) listing trials, sentences, applications and appeals for hearing, and setting hearing dates; (q) enforcement of decisions

(see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: • ACAT • director-general (see s 163) • found guilty (of an offence) • government solicitor • judge • magistrate • Magistrates Court • property • public servant • Supreme Court • reviewable decision notice • territory authority. commissioner, for part 7A (Procedural provisions—proceedings involving children or young people)—see section 68A (1). Aboriginal or Torres Strait Islander child or young person, for part 7A (Procedural provisions—proceedings involving children or young people)—see section 68A (1). Aboriginal or Torres Strait Islander person, for part 7A (Procedural provisions—proceedings involving children or young people)—see the Aboriginal and Torres Strait Islander Children and Young People Commissioner Act 2022, dictionary. advisory committee means the advisory committee established under section 11. assistant sheriff, for part 5 (Court security)—see section 40.

care and protection chapters, for part 7A (Procedural provisions— proceedings involving children or young people)—see section 68A. chief executive officer—see section 11A (1). child, for part 7A (Procedural provisions—proceedings involving children or young people)—see the Children and Young People Act 2008, section 11. corresponding law, for part 4 (Crown proceedings)—see section 20. court, for part 5 (Court security)—see section 40. court premises , for part 5 (Court security)—see section 40. Crown, for part 4 (Crown proceedings)—see section 20. daily care responsibility, for division 7A.1 (General)—see the Children and Young People Act 2008, section 19. deputy sheriff, for part 5 (Court security)—see section 40. determined fee, for part 3 (Court and tribunal fees)—see section 12. director-general, for part 7A (Procedural provisions—proceedings involving children or young people)—see section 68A. explosive, for part 5 (Court security)—see the Dangerous Substances Act 2004, section 73. fee, for part 3 (Court and tribunal fees)—see section 12. firearm, for part 5 (Court security)—see the Firearms Act 1996, section 6. judge, for part 5 (Court security)—see section 40. judgment, for part 4 (Crown proceedings)—see section 20. long-term care responsibility, for division 7A.1 (General)—see the Children and Young People Act 2008, section 20. magistrate, for part 5 (Court security)—see section 40. offensive weapon, for part 5 (Court security)—see section 40.

prescribed tribunal, for part 2 (Court rules and forms) and schedule 1 (Subject matter for rules)—see section 6. proceeding, for part 4 (Crown proceedings)—see section 20. relevant legislation, for part 3 (Court and tribunal fees)—see section 12. reviewable decision, for division 3.2 (Review of decisions—fees)— see section 18. rule-making committee means the rule-making committee established under section 9. screening search, for part 5 (Court security)—see section 40. security officer, for part 5 (Court security)—see section 40. sheriff, for part 5 (Court security)—see section 40. sheriff’s officer, for part 5 (Court security)—see section 40. Territory Crown, for part 4 (Crown proceedings)—see section 20. the Territory, for part 4 (Crown proceedings)—see section 20. victim, of an offence, for division 7A.1 (General)—see the Crimes (Sentencing) Act 2005, section 47. young person, for part 7A (Procedural provisions—proceedings involving children or young people)—see the Children and Young People Act 2008, section 12.

1 About the endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev…) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Court Procedures Act 2004 A2004-59 notified LR 2 September 2004 s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) remainder commenced 10 January 2005 (s 2 and CN2004-29) as amended by Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.4, pt 1.16. pt 1.19, pt 1.24, pt 1.31, pt 1.32, pt 1.68, pt 1.69 notified LR 2 September 2004 s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.4, pt 1.16. pt 1.19, pt 1.24, pt 1.31, pt 1.32, pt 1.68, pt 1.69 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Domestic Violence and Protection Orders Amendment Act 2005 A2005-13 sch 1 pt 1.3 notified LR 24 March 2005 s 1, s 2 commenced 24 March 2005 (LA s 75 (1)) sch 1 pt 1.3 commenced 25 March 2005 (s 2) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.11 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.11 commenced 2 June 2005 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 amdt 1.9, sch 1 pt 1.10, amdt 1.61, amdt 1.72, amdt 1.80, amdt 1.137, amdt 1.141 notified LR 1 December 2005 s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2)) amdt 1.9 commenced 11 January 2006 (s 2 (1) (a) and see Statute Law Amendment Act 2005 (No 2) A2005-62, s 2 (1)) sch 1 pt 1.10, amdt 1.61, amdt 1.72, amdt 1.80, amdt 1.137, amdt 1.141 commenced 22 December 2005 (s 2 (4)) Legal Profession Act 2006 A2006-25 sch 2 pt 2.3 notified LR 21 June 2006 s 1, s 2 commenced 21 June 2006 (LA s 75 (1)) sch 2 pt 2.3 commenced 1 July 2006 (s 2)

Civil Law (Property) Act 2006 A2006-38 sch 1 pt 1.4, amdt 1.7 notified LR 28 September 2006 s 1, s 2 commenced 28 September 2006 sch 1 pt 1.4, amdt 1.7 commenced 28 March 2007 (s 2 and LA s 79) Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 1 pt 1.4, sch 2 pt 2.13, amdt 2.203, amdt 2.204 notified LR 28 September 2006 s 1, s 2 commenced 28 September 2006 (LA s 75 (1)) sch 1 pt 1.4 commenced 19 October 2006 (s 2 (3)) sch 2 pt 2.13, amdt 2.203, amdt 2.204 commenced 29 September 2006 (s 2 (1)) Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.7 notified LR 26 October 2006 s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2)) sch 3 pt 3.7 commenced 16 November 2006 (s 2 (1)) Court Legislation Amendment Act 2006 A2006-55 pt 3 notified LR 18 December 2006 s 1, s 2 commenced 18 December 2006 (LA s 75 (1)) pt 3 commenced 19 December 2006 (s 2) Children and Young People Act 2008 A2008-19 sch 1 pt 1.2 notified LR 17 July 2008 s 1, s 2 commenced 17 July 2008 (LA s 75 (1)) sch 1 pt 1.2 commenced 27 February 2009 (s 2 and CN2008-17 (and see CN2008-13)) Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 1 pt 1.2, sch 2 pt 2.5, sch 4 pt 4.5 notified LR 17 July 2008 s 1, s 2 commenced 17 July 2008 (LA s 75 (1)) s 3, s 4 commenced 18 July 2008 (s 2 (1)) sch 1 pt 1.2, sch 4 pt 4.5 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13)) sch 2 pt 2.5 commenced 9 September 2008 (s 2 (3) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)

Act 2008 (No 2) A2008-22 sch 1 pt 1.2 notified LR 8 July 2008 s 1, s 2 commenced 8 July 2008 (LA s 75 (1)) sch 1 pt 1.2 commenced 29 July 2008 (s 2) Firearms Amendment Act 2008 A2008-25 sch 2 pt 2.1 notified LR 15 July 2008 s 1, s 2 commenced 15 July 2008 (LA s 75 (1)) sch 2 pt 2.1 commenced 15 January 2009 (s 2 (1) and LA s 79) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.15 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.15 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Domestic Violence and Protection Orders Act 2008 A2008-46 sch 3 pt 3.3 notified LR 10 September 2008 s 1, s 2 commenced 10 September 2008 (LA s 75 (1)) sch 3 pt 3.3 commenced 30 March 2009 (s 2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.20 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.20 commenced 22 September 2009 (s 2) Crimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.2 notified LR 3 September 2009 s 1, s 2 commenced 3 September 2009 (LA s 75 (1)) sch 1 pt 1.2 commenced 4 September 2009 (s 2) Justice and Community Safety Legislation Amendment Act 2009 (No 3) A2009-44 sch 1 pt 1.7 notified LR 24 November 2009 s 1, s 2 commenced 24 November 2009 (LA s 75 (1)) sch 1 pt 1.7 commenced 22 December 2009 (s 2 (3))

Crimes (Sentence Administration) Amendment Act 2010 A2010-21 sch 1 pt 1.2 notified LR 30 June 2010 s 1, s 2 commenced 30 June 2010 (LA s 75 (1)) sch 1 pt 1.2 commenced 1 July 2010 (s 2) Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.11 notified LR 22 February 2011 s 1, s 2 commenced 22 February 2011 (LA s 75 (1)) sch 3 pt 3.11 commenced 1 March 2011 (s 2) Workplace Privacy Act 2011 A2011-4 s 49 notified LR 24 February 2011 s 1, s 2 commenced 24 February 2011 (LA s 75 (1)) s 49 commenced 10 March 2011 (s 2 (1)) Courts Legislation Amendment Act 2011 A2011-13 sch 1 pt 1.2 notified LR 11 May 2011 s 1, s 2 commenced 11 May 2011 (LA s 75 (1)) sch 1 pt 1.2 commenced 25 July 2011 (s 2 and CN2011-8) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.39 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.39 commenced 1 July 2011 (s 2 (1)) Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.11 notified LR 22 November 2011 s 1, s 2 commenced 22 November 2011 (LA s 75 (1)) sch 1 pt 1.11 commenced 1 March 2012 (s 2 (1) and see Evidence Act