District Court Act 1991

South Australia District Court Act 1991 An Act to establish the District Court of South Australia; to define its jurisdiction and powers; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—District Court of South Australia Division 1—Establishment of Court 4 Establishment of Court 5 Court is Court of record 6 Seal Division 2—Structure of Court 7 Divisions of the Court Division 3—Jurisdiction of the Court 8 Civil jurisdiction 9 Criminal jurisdiction Part 3—Composition of the Court Division 1—The Court's judiciary 10 Court's judiciary 11 Chief Judge 11AA Acting Chief Judge Division 2—Judicial office Subdivision 1—Appointment of Chief Judge 11A Appointment of Chief Judge Subdivision 2—Appointment of other Judges and Associate Judges 12 Appointment of other Judges and Associate Judges Subdivision 3—Other provisions relating to Judges and Associate Judges 13 Judicial remuneration (other than for Judicial Registrar) 14 Leave 14A Special leave 15 Removal of Judges and Associate Judges 16 Retirement etc of members of judiciary Subdivision 4—Provisions relating to Judicial Registrars 16A Appointment and conditions of Judicial Registrars 16B Judicial Registrar ceasing to hold office and suspension 16C Jurisdiction of Judicial Registrar Division 3—Court's administrative and ancillary staff 17 Administrative and ancillary staff 18 The Registrar 19 Responsibilities of non-judicial staff Part 4—Sittings and distribution of business 20 Constitution of Court 21 Time and place of sittings 22 Adjournment from time to time and place to place 23 Sittings in open Court or in chambers 24 Transfer of proceedings between courts Part 5—Evidentiary powers 25 Power to require attendance of witnesses and production of evidentiary material 26 Power of Court to compel the giving of evidence 27 Entry and inspection of property 28 Production of persons held in custody 29 Issue of evidentiary summons Part 6—Special provisions as to the Court's civil jurisdiction Division 1—General 30 Interim injunctions etc 31 Restraining orders 32 Mediation and conciliation 33 Trial of issues by arbitrator 34 Expert reports 35 Merger of law and equity 36 Alternative forms of relief 37 Declaratory judgments 38 Interim awards of damages 38A Consent orders for structured settlements 39 Pre-judgment interest 40 Interest on judgment debts 41 Payment to child 42 Costs Division 2—Administrative and Disciplinary Division Subdivision 1—Preliminary 42A Interpretation Subdivision 2—Administrative appeals 42B Application of Subdivision and interpretation 42C Extension of time to appeal 42D Stay of operation of decision appealed against 42E Conduct of appeal 42F Decision on appeal 42G Costs and ancillary orders etc on appeals Subdivision 3—Other proceedings 42H Costs and ancillary orders etc in other proceedings Part 7—Appeals and reservation of questions of law 43 Right of appeal 44 Reservation of questions of law 45 Non-application to criminal proceedings Part 8—Miscellaneous 46 Immunities 48 Contempt of Court 49 Custody of litigant's funds and securities 50 Miscellaneous provisions relating to legal process 50A Service 50B Certain trials of sexual offences to be given priority 50C Death or incapacity of Judge during trial 51 Rules of Court 53 Court fees 54 Accessibility to Court records Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the District Court Act 1991. 3—Interpretation (1) In this Act, unless the contrary intention appears— action means any civil or criminal proceedings in the Court, including proceedings for a contempt of the Court; Associate Judge means an Associate Judge of the District Court; Chief Judge means the Chief Judge of the Court; Court or District Court means the District Court of South Australia; District Court Judge or Judge means any Judge of the Court (including the Chief Judge); evidentiary material means any document, object or substance of evidentiary value in proceedings before the Court and includes any document, object or substance that should, in the opinion of the Court, be produced for the purpose of enabling the Court to determine whether or not it has evidentiary value; judgment means a judgment, order or decision and includes an interlocutory judgment or order; judicial office means the office of Judge, Associate Judge or Judicial Registrar; Judicial Registrar means a District Court Judicial Registrar; Master means a District Court Master; Registrar means the Registrar, or any Deputy Registrar of the Court, but does not include a Judicial Registrar; rules means the rules of the Court in force under this Act. (2) Subject to the rules of the Court, a reference in any Act or legislative instrument to a Master is taken to be a reference to an Associate Judge. Part 2—District Court of South Australia Division 1—Establishment of Court 4—Establishment of Court The District Court of South Australia is established. 5—Court is Court of record The Court is a Court of record. 6—Seal (1) The Court will have such seals as are necessary for the transaction of its business. (2) A document apparently sealed with a seal of the Court will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Court. Division 2—Structure of Court 7—Divisions of the Court The Court is divided into the following Divisions: (a) the Civil Division; (b) the Criminal Division; (c) the Criminal Injuries Division; (d) the Administrative and Disciplinary Division. Division 3—Jurisdiction of the Court 8—Civil jurisdiction (1) The Court has the same civil jurisdiction (both at law and in equity) as the Supreme Court at first instance subject, however to the following qualifications: (a) the Court has no jurisdiction in probate or admiralty; (b) the Court has no supervisory jurisdiction except as expressly conferred by statute with respect to inferior courts or tribunals, or with respect to administrative acts, and has no jurisdiction to grant relief in the nature of a prerogative writ. (2) The Court, in its Criminal Injuries Division, has the jurisdiction conferred on it by the Victims of Crime Act 2001 or a corresponding previous law. (3) The Court, in its Administrative and Disciplinary Division, has the jurisdiction conferred by statute. (4) The Court has any other civil jurisdiction conferred by statute. (5) All proceedings before the Court, other than in its Criminal Division, are to be regarded as civil proceedings for the purposes of this Act or any other Act or law. (6) Subsection (5) does not affect any special rule as to the conduct of proceedings for a contempt of the Court. 9—Criminal jurisdiction (1) The Court has jurisdiction to try a charge of any offence except treason or murder, or a conspiracy or attempt to commit, or assault with intent to commit, either of those offences. (2) The Court has jurisdiction to convict and sentence, or to sentence, a person found guilty on trial, or on his or her own admission, of such an offence. (3) The Court's jurisdiction to try, convict or sentence for a summary offence exists only where the offence is charged in the same information as an indictable offence. (4) The Court has any other criminal jurisdiction conferred by statute. Part 3—Composition of the Court Division 1—The Court's judiciary 10—Court's judiciary (1) The Court's judiciary consists of— (a) the Chief Judge; and (b) the other Judges; and (c) the Associate Judges; and (d) the Judicial Registrars. (2) An Associate Judge is, while holding that office, also a Magistrate. 11—Chief Judge (1) The Chief Judge is the principal judicial officer of the Court. (2) The Chief Judge is responsible for the administration of the Court. 11AA—Acting Chief Judge (1) If— (a) the Chief Judge is absent or, for any reason, is unable for the time being to carry out the duties of the office; or (b) the office of the Chief Judge becomes vacant, the Governor may appoint a Judge to be Acting Chief Judge until— (c) the Chief Judge returns to official duties; or (d) a person is appointed to the office of the Chief Judge, as the case requires. (2) Any power or duty attached to the office of the Chief Judge by or under this or any other Act— (a) on the appointment of a Judge to be Acting Chief Judge—devolves on the Judge so appointed; or (b) if no such appointment is made—devolves (during the absence or inability of the Chief Judge, or until the vacancy is filled) on the most senior of the other Judges available to undertake those responsibilities. Division 2—Judicial office Subdivision 1—Appointment of Chief Judge 11A—Appointment of Chief Judge (1) The Chief Judge is— (a) a Judge of the Supreme Court assigned by the Governor, by proclamation, to be the Chief Judge; or (b) a legal practitioner of at least 10 years standing or a District Court Judge appointed by the Governor as the Chief Judge. (2) Before the Governor assigns a Judge of the Supreme Court to be the Chief Judge, the Attorney‑General must consult with the Chief Justice of the Supreme Court about the proposed assignment. (3) A Judge of the Supreme Court assigned to be the Chief Judge ceases to be the Chief Judge if the person ceases to be a Judge of the Supreme Court. (4) The remuneration and conditions of service of a Judge of the Supreme Court assigned to be the Chief Judge will be the same as if he or she had not been so assigned and his or her service as the Chief Judge will be regarded as if it were service as a Judge of the Supreme Court. (5) A person appointed as Chief Judge under subsection (1)(b) will be taken to have been appointed as a Judge of the District Court (if he or she is not already a Judge of the District Court) and as a Judge of the Supreme Court of South Australia. (6) The Chief Judge may not perform the duties, or exercise the powers, of a Judge of the Supreme Court unless the Chief Justice of the Supreme Court, with the consent of the Chief Judge, assigns the Chief Judge to perform the duties and exercise the powers of a Judge of the Supreme Court for a period determined by the Chief Justice. (7) The Chief Judge must, as soon as is reasonably practicable after consenting to an assignment under subsection (6), notify the Attorney‑General that he or she has so consented and the Attorney‑General must, as soon as is reasonably practicable after receiving such notification, publish in the Gazette a notice setting out— (a) the fact that the Chief Judge has consented to an assignment under subsection (6); and (b) the period of the assignment. (8) The office of Judge of the Supreme Court is the primary judicial office of the Chief Judge and— (a) the remuneration and conditions of service of the Chief Judge will be the same as if he or she held a single appointment as a Judge of the Supreme Court; and (b) service as the Chief Judge will be regarded as if it were service as a Judge of the Supreme Court. (9) Subject to subsection (10), the retirement, resignation or removal from office of a person appointed as the Chief Judge under subsection (1)(b) is governed by the law applicable to the retirement, resignation or removal from office of a Judge of the Supreme Court and the Chief Judge will, until retirement, resignation or removal from office (or earlier death), continue to hold both of those appointments. (10) A person appointed as the Chief Judge under subsection (1)(b)— (a) may not, except with the approval of the Governor, resign from the office of the Chief Judge and the office of Judge of the District Court, without also resigning from the office of Judge of the Supreme Court; but (b) may resign from the office of the Chief Judge and the office of Judge of the Supreme Court without simultaneously resigning from the office of Judge of the District Court, and a resignation under paragraph (a) or (b) will not give rise to any right to pension, retirement leave or other similar benefit. (11) The Governor may, by proclamation, made at the request or with the consent of a Judge of the Supreme Court assigned to be the Chief Judge under subsection (1)(a), revoke the assignment of that Judge under this section. Subdivision 2—Appointment of other Judges and Associate Judges 12—Appointment of other Judges and Associate Judges (1) Appointments under this section to judicial office (other than to the office of Judicial Registrar) in the Court are made by the Governor. (2) The following provisions govern eligibility for appointment to judicial office (other than to the office of Judicial Registrar): (b) a person is not eligible for appointment as a Judge unless that person is a legal practitioner of at least 7 years standing; and (c) a person is not eligible for appointment as an Associate Judge unless that person is a legal practitioner of at least 5 years standing. (3) A person who is eligible for appointment to judicial office, or who has held but retired from judicial office, under this section may be appointed to act in such an office (except the office of Chief Judge) for a specified term not exceeding 12 months. (4) A member of the judiciary of another Court cannot be appointed to act in a judicial office of the Court (other than under section 11A) except on the recommendation of the Chief Judge made with the concurrence of the judicial head of that other Court. (5) For the purpose of determining whether a legal practitioner has the standing necessary for appointment to a particular judicial office, periods of legal practice and (where relevant) judicial service within and outside the State will be taken into account. Subdivision 3—Other provisions relating to Judges and Associate Judges 13—Judicial remuneration (other than for Judicial Registrar) (1) Subject to section 11A, the judicial officers (other than a Judicial Registrar) are entitled to the remuneration determined by the Remuneration Tribunal in relation to the respective offices. (2) A salary determined by the Remuneration Tribunal for a judicial office cannot be reduced by subsequent determination. 14—Leave (1) A Judge is entitled to leave (or payment in lieu of leave) on the same basis as a Judge of the Supreme Court. (2) An Associate Judge is entitled to leave (or payment in lieu of leave) on the same basis as a Magistrate. 14A—Special leave (1) A Judge may apply to the Chief Judge for special leave without remuneration. (2) The Governor may, on the recommendation of the Chief Judge, grant an application for special leave under this section. (3) A period of special leave under this section will not be taken to be judicial service within the meaning of the Judges' Pensions Act 1971. 15—Removal of Judges and Associate Judges (1) A Judge cannot be removed from office except on an address from both Houses of Parliament praying for his or her removal. (2) An Associate Judge— (a) may only be suspended from office on the recommendation or with the consent of the Chief Judge; and (b) may only be removed from office— (i) on the recommendation or with the consent of the Chief Judge; or (ii) by the Governor in accordance with the Judicial Conduct Commissioner Act 2015. 16—Retirement etc of members of judiciary (1) A Judge must retire from office on reaching the age of 70 years. (2) An Associate Judge must retire from office on reaching the age of 70 years. (3) A person who retires or resigns from judicial office or who, having been appointed to act in a judicial office, completes the term of appointment may continue to act in the relevant office for the purpose of completing the hearing and determination of proceedings part-heard before retirement or resignation, or completion of the term. Subdivision 4—Provisions relating to Judicial Registrars 16A—Appointment and conditions of Judicial Registrars (1) The Governor may, on the recommendation of the Attorney‑General and with the concurrence of the Chief Judge, appoint a legal practitioner of at least 5 years standing to be a District Court Judicial Registrar. (2) The term of appointment (which must be for at least 7 years), the remuneration and the conditions of service applicable to a person holding an appointment under this section will be as determined by the Governor with the concurrence of the Chief Judge, and specified in the instrument of appointment. (3) An appointment of a Judicial Registrar under this section will be taken to be on a full‑time basis unless the instrument of appointment provides that the appointment is on a part‑time basis. (4) However, a Judicial Registrar not appointed on a part‑time basis may, by written agreement with the Chief Judge made with the approval of the Attorney‑General, perform the duties of office on a part‑time basis for a period specified in the agreement. (5) An instrument appointing a Judicial Registrar on a part‑time basis or an agreement under subsection (4) must specify the hours of duty the Judicial Registrar will ordinarily be required to work, expressed as a proportion of the time a Judicial Registrar appointed on a full‑time basis is ordinarily required to work. (6) The hours of duty specified in an instrument of appointment or an agreement under subsection (4) may be varied by written agreement between the Judicial Registrar and the Chief Judge made with the approval of the Attorney‑General. (7) The remuneration determined by the Governor with the concurrence of the Chief Judge and specified in the instrument of appointment may not be reduced by subsequent determination. (8) However, a Judicial Registrar (whether appointed on a full‑time or part‑time basis) is, while performing the duties of the office on a part‑time basis, entitled to remuneration on a pro‑rata basis in respect of the hours of duty at the rate determined by the Governor under this section in relation to a Judicial Registrar appointed on a full‑time basis. (9) For the purpose of determining whether a legal practitioner has the standing necessary for appointment to the office of Judicial Registrar, periods of legal practice within and outside the State will be taken into account. (10) A person appointed as a Judicial Registrar is, on the recommendation of the Attorney‑General and with the concurrence of the Chief Judge, eligible for reappointment at the expiration of a term of office. (11) A Judicial Registrar may, with the approval of the Attorney‑General and the concurrence of the Chief Judge, concurrently hold office as a member of the Court's non‑judicial staff if the non‑judicial office is compatible with the judicial office. 16B—Judicial Registrar ceasing to hold office and suspension (1) The Governor may, on the recommendation of the Attorney‑General, remove a Judicial Registrar from office for— (a) mental or physical incapacity to carry out official duties satisfactorily; or (b) neglect of duty; or (c) dishonourable conduct. (2) A Judicial Registrar ceases to hold office if the Judicial Registrar— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Attorney‑General; or (d) ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the office of Judicial Registrar; or (e) is removed from office under subsection (1). (3) The Attorney‑General may only make a recommendation under subsection (1) with the concurrence of the Chief Judge. (4) The Chief Judge may, on the Chief Judge's own initiative or at the request of the Attorney‑General, suspend a Judicial Registrar from office if it appears that there may be grounds for the removal of the Judicial Registrar from office. (5) If a Judicial Registrar is suspended under subsection (4), the Judicial Registrar remains entitled to the Judicial Registrar's usual remuneration and allowances during the period of suspension. 16C—Jurisdiction of Judicial Registrar (1) Subject to the regulations, Judicial Registrars may exercise such jurisdiction of the Court as assigned by the Chief Judge or the rules. (2) If the Court is constituted of a Judicial Registrar in criminal proceedings, the Court— (a) may not impose a sentence of imprisonment; and (b) if of the opinion that the limitation on its powers imposed under this subsection prevents it from imposing an appropriate sentence—may adjourn the question of sentence for hearing and determination by a Judge. Division 3—Court's administrative and ancillary staff 17—Administrative and ancillary staff (1) The Court's administrative and ancillary staff consists of— (a) the Registrar; (b) the Deputy Registrars; (c) any other persons appointed to the non-judicial staff of the Court. (2) The Court's administrative and ancillary staff will be appointed under the Courts Administration Act 1993. 18—The Registrar (1) The Registrar is the Court's principal administrative officer. (2) A person cannot be appointed to the office of Registrar of the Court, nor can a person holding that office be dismissed or reduced in status, except on the recommendation, or with the concurrence, of the Chief Judge. (3) The Registrar may, in addition to exercising the functions and duties assigned to him or her by this Act or any other Act, exercise any procedural or non-judicial powers of the Court assigned by the Chief Judge or by the rules. 19—Responsibilities of non-judicial staff A member of the Court's administrative or ancillary staff is responsible to the Chief Judge (through any properly constituted administrative superior) for the proper and efficient discharge of his or her duties. Part 4—Sittings and distribution of business 20—Constitution of Court (1) Subject to this section, the Court, when sitting to adjudicate on any matter, may be constituted of— (a) a Judge; or (b) if the matter lies within a jurisdiction of the Court conferred by statute or the rules on Associate Judges—an Associate Judge (but the jurisdiction of Associate Judges is not exclusive; such a jurisdiction may also be exercised by a Judge); or (c) if the matter lies within a jurisdiction of the Court assigned to Judicial Registrars—a Judicial Registrar (but the jurisdiction of Judicial Registrars is not exclusive; such a jurisdiction may also be exercised by a Judge or Associate Judge). (2) If a matter lies within the criminal jurisdiction of the Court and is to be tried by jury, the Court will be constituted of a Judge sitting with a jury. (4) If under an Act conferring a jurisdiction on the Court in its Civil Division or its Administrative and Disciplinary Division the Court is to sit with assessors in exercising that jurisdiction, then the following provisions apply: (a) in any proceedings in which a party seeks the exercise of the relevant jurisdiction the Court will, subject to paragraph (ab), sit with assessors selected in accordance with the Act conferring the jurisdiction; (ab) the Court is not required to sit with assessors— (i) for the purposes of— (A) dealing with preliminary, interlocutory or procedural matters; or (B) dealing with questions of costs; or (C) entering consent orders; or (ii) for a part of the proceedings relating only to questions of law, and may, for that purpose or as a consequence, while sitting without assessors, make any ruling, order or judgment (including a final judgment) it considers appropriate; (b) where the Court sits with assessors— (i) questions of law or procedure will be determined by the Judge presiding at the proceedings; and (ii) other questions will be determined by majority opinion. (5) The Court may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters. (6) A Judge, Associate Judge or Judicial Registrar may sit in any Division of the Court. 21—Time and place of sittings (1) The Court may sit at any time (including a Sunday). (2) The Court may sit at any place (either within or outside the State). (3) The Court will sit at such times and places as the Chief Judge may direct. (4) Registries of the Court will be maintained at such places as the Governor may determine. 22—Adjournment from time to time and place to place The Court may— (a) adjourn proceedings from time to time and from place to place; or (b) adjourn proceedings to a time, or a time and place, to be fixed; or (c) order the transfer of proceedings from place to place. 23—Sittings in open Court or in chambers Subject to any Act or rule to the contrary, the Court's proceedings must be open to the public. 24—Transfer of proceedings between courts (1) The Supreme Court or a Judge or Associate Justice of the Supreme Court may order— (a) that civil or criminal proceedings in the District Court be transferred to the Supreme Court; or (b) that civil or criminal proceedings in the Supreme Court that lie within the jurisdiction of the District Court be transferred to the District Court. (2) The District Court or a Judge or Associate Judge of the District Court may order that civil or criminal proceedings in the District Court be transferred to the Supreme Court. (3) Where proceedings have been transferred under this section, they may be continued and completed as if steps taken in the proceedings prior to the transfer had been taken in the court to which they are transferred. Part 5—Evidentiary powers 25—Power to require attendance of witnesses and production of evidentiary material (1) The Court may, on the application of a party to proceedings or on its own initiative, issue a summons requiring a person to appear before the Court at a specified time and place to give evidence or to produce evidentiary material (or both). (2) A summons to produce evidentiary material may, instead of providing for production of the material before the Court, provide for production of the material to an officer of the Court nominated in the summons. (3) If— (a) a person fails to comply with a summons under subsection (1); or (b) there are grounds for believing that, if such a summons were issued, a person would not comply with it, the Court may issue a warrant to have the person arrested and brought before the Court. 26—Power of Court to compel the giving of evidence (1) A person who is called to give evidence or to produce evidentiary material before a Court and— (a) refuses or fails to make an oath or affirmation when required to do so by the Court; (b) refuses or fails to give evidence on a subject on which that person is compellable to give evidence; (c) refuses or fails without reasonable excuse to produce evidentiary material that that person is required by the Court to produce, commits a contempt of the Court. (2) This section applies whether the person was summoned before the Court, brought before the Court on a warrant, or came to the Court of his or her own volition. 27—Entry and inspection of property (1) A Court may enter any land or building and carry out an inspection that the Court considers relevant to a proceeding before the Court. (2) A Court may authorise an officer of the Court to enter any land or building and carry out an inspection that the Court considers relevant to a proceeding before the Court. (3) A person who obstructs a Court, or a person authorised by a Court, in the exercise of a power of entry or inspection under this section commits a contempt of the Court. 28—Production of persons held in custody If the Court requires the attendance before it of any person who is held in custody in the State, the Court may— (a) issue a summons or a notice requiring the custodian to produce that person before the Court at a nominated time and place; or (b) issue a warrant authorising the sheriff, or a member of the police force, to take the person from the custodian and bring him or her before the Court. 29—Issue of evidentiary summons A summons or a notice under this Part may be issued on behalf of the Court by— (a) a Judge, Associate Judge or Judicial Registrar; or (b) the Registrar; or (c) any other officer authorised by the rules to issue such summonses. Part 6—Special provisions as to the Court's civil jurisdiction Division 1—General 30—Interim injunctions etc The Court may, on such terms as appear just, grant an injunction or make any other order that may be necessary to preserve the subject-matter of an action intact until the questions arising in the action have been finally determined. 31—Restraining orders (1) A Court may make an order (a restraining order) preventing or restricting dealing with property of a defendant to an action if— (a) the action appears to have been brought on reasonable grounds; and (b) the property may be required to satisfy a judgment that has been, or may be, given in the action; and (c) there is a substantial risk that the defendant will dispose of the property before judgment is given, or before it can be enforced. (2) A restraining order must be served as directed by the Court. (3) A person who deals with property subject to a restraining order except as permitted by the order commits a contempt of Court. (4) The Court may vary or revoke a restraining order at any time. (5) If it appears to a Court that grounds for making a restraining order exist but the Court requires further evidence to identify property in relation to which the order could be effectively made, the Court may summons the defendant, or issue a warrant to have the defendant arrested and brought before the Court, for examination on that subject. 32—Mediation and conciliation (1) Subject to and in accordance with the rules, the Court constituted of a Judge, Associate Judge or Judicial Registrar (whether or not sitting with assessors) may, with or without the consent of the parties, or the Registrar may, with the consent of the parties, appoint a mediator and refer an action or any issues arising in an action for mediation by the mediator. (2) A mediator appointed under this section has the privileges and immunities of a Judge and such of the powers of the Court as the Court may delegate. (2a) A mediator appointed under this section must not, except as required or authorised to do so by law, disclose to another person any information obtained in the course or for the purposes of the mediation. (2b) The Court may itself endeavour to achieve a negotiated settlement of an action or resolution of any issues arising in an action. (2c) A Judge, Associate Judge or Judicial Registrar who attempts to settle an action or to resolve any issues arising in an action is not disqualified from taking further part in those proceedings but will be so disqualified if he or she is appointed as a mediator in relation to those proceedings. (3) Evidence of anything said or done in an attempt to settle an action by mediation under this section is not subsequently admissible in the proceedings or in related proceedings. (5) Where a case is settled under this section, the terms of the settlement may be embodied in a judgment. 33—Trial of issues by arbitrator (1) The Court may refer an action or any issues arising in an action for trial by an arbitrator. (2) The arbitrator may be appointed either by the parties to the action or by the Court. (3) The arbitrator becomes for the purposes of the reference an officer of the Court and may exercise such of the powers of the Court as the Court delegates to the arbitrator. (4) The Court will, unless good reason is shown to the contrary, adopt the award of the arbitrator as its judgment on the action or issues referred. (5) The costs of the arbitrator will be borne, in the first instance, equally by the parties or in such other proportions as the Court may direct, but the Court may subsequently order that a party be reimbursed wholly or in part by another party for costs incurred under this subsection. 34—Expert reports (1) The Court may refer any question arising in an action for investigation and report by an expert in the relevant field. (2) A person to whom a question is referred under this section becomes for the purposes of the investigation an officer of the Court and may exercise such of the powers of the Court as the Court delegates. (3) The Court may adopt a report obtained under this section in whole or part. (4) The costs of the expert's investigation and report will be borne, in the first instance, equally by the parties or in such other proportions as the Court may direct, but the Court may subsequently order that a party be reimbursed wholly or in part by another party for costs incurred under this subsection. 35—Merger of law and equity (1) Legal and equitable claims and defences may be included (without discrimination between them) in the same action. (2) If there is a conflict between the rules of common law and equity as they apply to a particular action, the rules of equity prevail. 36—Alternative forms of relief (1) Although a particular form of relief is sought by a party to an action, the Court may grant any other form of relief that it considers more appropriate to the circumstances of the case. (2) In particular— (a) where a party seeks relief by way of injunction or specific performance, the Court may award damages in addition to or in substitution for such relief; (b) where a party seeks foreclosure of the equity of redemption in mortgaged property, the Court may, instead of ordering foreclosure— (i) direct the sale of the mortgaged property; or (ii) direct a transfer of the mortgage debt and security to a person who agrees to assume the debt. (This subsection is not exhaustive.) 37—Declaratory judgments The Court may, on matters within its jurisdiction, make binding declarations of right whether or not any consequential relief is or could be claimed. 38—Interim awards of damages (1) In an action for damages, the Court may give a declaratory judgment finally determining the question of liability between the parties, but leaving the quantum of damages to be determined subsequently. (2) The Court may, at the time of giving declaratory judgment or subsequently, order the defendant— (a) to make such interim payments as the Court thinks fit on account of the damages that are yet to be finally assessed (but such payments should not include any allowance for non-economic loss unless the Court is satisfied that there is good reason for including such an allowance); (b) to give such security as the Court thinks fit for the payment of damages yet to be assessed. (3) If— (a) declaratory judgment is given in a case of personal injury; and (b) the injured person is incapacitated (wholly or partially) for employment; and (c) it appears to the Court that the injured person is not making adequate efforts towards rehabilitation for employment, a component of an interim payment attributable to loss of earnings must not exceed 75% of the loss of earnings over the period to which the interim payment relates. (4) A party to an action in which declaratory judgment has been given may at any time apply to the Court for a final assessment of damages. (5) If an application is made under subsection (4) and— (a) the action arises from personal injury and the medical condition of the injured person appears to have stabilised; or (b) four years or more have elapsed since the date of the declaratory judgment, the application should not be refused except in exceptional circumstances. (6) If a party in whose favour a declaratory judgment has been given dies before the final assessment of damages— (a) the administrator of the deceased's estate may continue the action for the benefit of the estate (in which case the deceased's damages will be finally assessed to the date of death and further allowance may be made for damages allowable under the Survival of Causes of Action Act 1940); or (b) if the deceased's death was caused or accelerated by the circumstances out of which the action arose—the administrator may convert the action into one on behalf of dependants under the Wrongs Act 1936. (7) If the administrator converts the action into one on behalf of dependants, the Court will, in assessing damages on behalf of the dependants, make a proper allowance for damages paid to the deceased. 38A—Consent orders for structured settlements In an action for damages for personal injury, the court may, with the consent of the parties, make an order for damages to be paid wholly or in part in the form of periodic payments, by way of an annuity or otherwise, instead of in a lump sum. 39—Pre-judgment interest (1) Unless good reason is shown to the contrary, the Court will, on the application of a party in whose favour a monetary judgment has been, or is to be, given include in the judgment an award of interest in accordance with this section. (2) The interest— (a) will be calculated at a rate fixed by the Court; and (b) will be calculated in respect of a period fixed by the Court (which must, however, in the case of a judgment given on a liquidated claim, be the period running from when the liability to pay the amount of the claim fell due to the date of judgment unless the Court otherwise determines); and (c) is, in accordance with the Court's determination, payable in respect of the whole or part of the amount for which judgment is given. (3) The Court may, without proceeding to calculate interest under subsection (2), award a lump sum instead of interest. (4) This section does not— (a) authorise the award of interest on interest; (b) authorise the award of interest on exemplary or punitive damages; (c) affect damages for dishonour of a negotiable instrument; (d) authorise the award of interest (except by consent) on a sum for which judgment is given by consent; (e) limit or affect the operation of any other enactment or rule of law providing for the award of interest. 40—Interest on judgment debts (1) A judgment debt bears interest at a rate prescribed by the rules. (2) Subject to any direction by the Court to the contrary, the interest runs— (a) in the case of adjudicated costs—from the date the costs are adjudicated or an earlier date fixed by the adjudicating officer; (b) in the case of any other monetary sum—from the date of the judgment. 41—Payment to child (1) Although a party to an action is a child, the Court may order the payment of money to that party. (2) Where such an order is made, a receipt given by the child is a valid discharge for the person to whom it is given. 42—Costs (1) Subject to subsection (2) and the rules, costs in any proceedings in the Civil Division will be in the discretion of the Court and may be awarded against any person (whether a party to or a witness in the proceedings or not). (2) If— (a) an action for the recovery of damages or any other monetary sum is brought in the Court; and (b) the action might have been brought in the Magistrates Court; and (c) the plaintiff recovers less than an amount fixed by the rules for the purposes of this paragraph, no order for costs will be made in favour of the plaintiff unless the Court is of the opinion that it is just in the circumstances of the case that the plaintiff should recover the whole or part of the costs of action. (3) If proceedings are delayed through the neglect or incompetence of a legal practitioner, the Court may— (a) disallow the whole or part of the costs as between the legal practitioner and his or her client (and, where appropriate, order the legal practitioner to repay costs already paid); (b) order the legal practitioner to indemnify his or her client or any other party to the proceedings for costs resulting from the delay; (c) order the legal practitioner to pay to the Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted. (4) The Court may not make an order against a legal practitioner under subsection (3) unless the Court has informed the practitioner of the nature of the order proposed and allowed the practitioner a reasonable opportunity to make representations, and call evidence, in relation to the matter. (5) If a person who is summoned to appear as a witness in any proceedings fails, without reasonable excuse, to appear in obedience to the summons, the Court may order that person— (a) to indemnify the parties to the proceedings for costs resulting from failure to obey the summons; (b) to pay to the Registrar for the credit of the Consolidated Account an amount fixed by the Court as compensation for time wasted in consequence of the witness's failure to obey the summons. Division 2—Administrative and Disciplinary Division Subdivision 1—Preliminary 42A—Interpretation In this Division— Court means the Court sitting in its Administrative and Disciplinary Division. Subdivision 2—Administrative appeals 42B—Application of Subdivision and interpretation (1) This Subdivision applies in relation to the appellate jurisdiction conferred on the Court by another Act (the special Act) subject to the provisions of the special Act. (2) In this Subdivision— decision includes an act (such as the giving or making of a notice, direction, determination, requirement or order) and a failure or refusal to make a decision or act; original decision-maker, in relation to an appeal, means the person or body whose decision is appealed against, and includes, if that person or body made the decision on an appeal against, or review of, a decision made by some other person or body, that other person or body. 42C—Extension of time to appeal The Court may, in its discretion, extend the time fixed by the special Act for instituting an appeal, even if the time for instituting the appeal has ended. 42D—Stay of operation of decision appealed against (1) The making of an appeal against a decision does not affect the operation of the decision or prevent the taking of action to implement the decision. (2) However, on the making of an appeal, the Court or the original decision-maker may, on application or at its own initiative, make an order staying or varying the operation or implementation of the whole or a part of a decision appealed against pending the determination of the appeal if the Court, or the original decision-maker, is satisfied that it is just and reasonable in the circumstances to make the order. (3) An order by the Court, or the original decision-maker, under this section— (a) is subject to such conditions as are specified in the order; and (b) may be varied or revoked— (i) in any case—by further order by the Court; or (ii) if the order was made by the original decision-maker—by further order by the original decision-maker or the Court. 42E—Conduct of appeal (1) The Court must, on an appeal, examine the decision of the original decision-maker on the evidence or material before the original decision-maker but the Court may, as it thinks fit, allow further evidence or material to be presented to it. (2) The Court, on an appeal— (a) is not bound by the rules of evidence but may inform itself as it thinks fit; and (b) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms. (3) The Court must, on an appeal, give due weight to the decision being appealed against and the reasons for it and not depart from the decision except for cogent reasons. 42F—Decision on appeal The Court may, on an appeal— (a) affirm the decision appealed against; (b) rescind the decision and substitute a decision that the Court considers appropriate; (c) remit matters to the original decision-maker for consideration or further consideration in accordance with any directions or recommendations of the Court. 42G—Costs and ancillary orders etc on appeals (1) The Court may, on an appeal, make any ancillary or consequential order that the Court considers appropriate. (2) However, no order for costs is to be made unless the Court considers such an order to be necessary in the interests of justice. Subdivision 3—Other proceedings 42H—Costs and ancillary orders etc in other proceedings (1) The Court may, in proceedings other than proceedings to which Subdivision 2 applies, make any ancillary or consequential order that the Court considers appropriate. (2) However, no order for costs is to be made unless the Court considers such an order to be necessary in the interests of justice. Part 7—Appeals and reservation of questions of law 43—Right of appeal (1) A party to an action may, in accordance with the rules of the appellate court, appeal against any judgment given in the action. (2) The appeal lies— (aa) in the case of a judgment given by a Judicial Registrar or the Court constituted of a Judicial Registrar—to the Court constituted of a Judge; (a) in the case of a judgment given by an Associate Judge or the Court constituted of an Associate Judge—to the Court constituted of a Judge; (b) in the case of an interlocutory judgment given by a Judge—to the Supreme Court constituted of a single Judge; (c) in any other case—to the Court of Appeal. (3) The appeal lies as of right, or by permission, according to the rules of the appellate court but, in the case of an appeal against a final judgment of the Court in its Administrative and Disciplinary Division, permission is required to appeal on a question of fact. (4) A right of appeal conferred by this section extends to a legal practitioner, witness or other person against whom an order under section 42 is made. 44—Reservation of questions of law (1) An Associate Judge or Judicial Registrar may reserve a question of law arising in an action for determination by a Judge. (2) A Judge may reserve any question of law arising in an action for determination by the Court of Appeal. (3) Where a question of law is reserved, the court to which the question is referred may determine the question and give any consequential orders or directions appropriate to the circumstances of the case. 45—Non-application to criminal proceedings This Part does not apply in respect of appeals and reservations of questions of law in criminal proceedings to which Part 6A of the Criminal Procedure Act 1921 is applicable. Part 8—Miscellaneous 46—Immunities (1) A Judge, Associate Judge, Judicial Registrar or assessor has the same privileges and immunities from liability as a Judge of the Supreme Court. (2) A non-judicial officer of the Court incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions. 48—Contempt of Court (1) The Court has the same power to deal with contempts as the Supreme Court has in respect of contempts of the Supreme Court. (2) This section extends not only to contempts committed in the face of the Court but also to acts and omissions that would, assuming the Court were the Supreme Court, amount to a contempt of that Court. 49—Custody of litigant's funds and securities (1) The Registrar is responsible for the proper custody of money paid into the Court and securities delivered to the Court in connection with proceedings in the Court. (2) The Treasurer guarantees the safe keeping of any such money or security from the time it comes into the Court's custody until it lawfully ceases to be in that custody. (3) Any liability arising under the guarantee will be satisfied from the General Revenue of the State (which is appropriated to the necessary extent). (4) Money paid into the Court may be invested in a manner authorised by the rules and any interest or accretions arising from the investment will be dealt with as prescribed by the rules. (5) Any money in the Court's custody that has remained unclaimed for six years or more may be dealt with under the Unclaimed Moneys Act 1891. 50—Miscellaneous provisions relating to legal process (1) Any process of the Court may be issued, served or executed on a Sunday as well as any other day. (2) The validity of process is not affected by the fact that the person who issued it dies or ceases to hold office. 50A—Service (1) If it is not practicable to serve any process, notice or other document relating to civil or criminal proceedings in the manner otherwise prescribed or contemplated by law, the Court may, by order— (a) provide for service by post; or (b) make any other provision that may be necessary or desirable for service. (2) Any process, notice or other document served in accordance with an order under subsection (1) will, despite any other law, be taken to have been duly served. 50B—Certain trials of sexual offences to be given priority (1) The Court will give the necessary directions to ensure that a trial of a sexual offence where the alleged victim of the offence is a person to whom this section applies is given priority over any less urgent criminal trial and is dealt with as expeditiously as the proper administration of justice allows. (2) In this section— person to whom this section applies means— (a) a child; or (b) a person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions; sexual offence means— (a) rape; or (b) indecent assault; or (c) any offence involving unlawful sexual intercourse or an act of gross indecency; or (d) incest; or (e) any offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest; or (ea) an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or (f) any attempt to commit, or assault with intent to commit, any of the offences referred to in a preceding paragraph. 50C—Death or incapacity of Judge during trial If, during the course of a civil or criminal trial, the presiding Judge dies or is incapacitated— (a) if reasons for judgment in final form were prepared by the presiding Judge—another Judge appointed by the Chief Judge may publish the reasons and grant judgment in accordance with them; or (b) in any other case—another Judge appointed by the Chief Judge may complete the hearing and determination of the proceeding and— (i) rehear evidence and submissions to the extent that the Judge thinks fit; and (ii) make orders as appropriate. 51—Rules of Court (1) Rules of the Court may be made— (a) regulating the business of the Court and the duties of the various officers of the Court; and (b) authorising the Associate Judges or Judicial Registrars to exercise any part of the jurisdiction of the Court; and (ba) regulating the making of bail applications, including limiting the making of bail applications to the Court in circumstances where the application may be made to another court; and (c) regulating the practice and procedure of the Court (including in its appellate jurisdiction); and (ca) imposing mutual obligations on parties to proceedings in the Court to disclose to each other the contents of expert reports or other material of relevance to the proceedings before the proceedings are brought to trial; and (cb) regulating the referral of an action or issues arising in an action to mediation or arbitration, the conduct of mediations or arbitrations or the referral of questions for investigation and report by an expert; and (d) regulating the form in which evidence may be taken; and (da) empowering the Court— (i) to order the carrying out of a biological or other scientific test that may be relevant to the determination of a question before the Court; and (ii) to include in such an order directions about the carrying out of the test and, in particular, directions requiring a person (including a party to the proceedings) to submit to the test or to have a child or other person who is not of full legal capacity submit to the test; and (iii) if a party is required to submit to the test, or to have another submit to the test—to include in the order a stipulation that, if the party fails to comply with the order, the question to which the test is relevant will be resolved adversely to the party; and (e) giving law clerks limited rights of appearance before the Court; and (f) regulating costs; and (g) dealing with any other matter necessary or expedient for the effective and efficient operation of the Court. (2) Rules of the Court may be made by the Chief Judge and any two or more other Judges. (3) The rules take effect as from the date of publication in the Gazette or a later date specified in the rules. 53—Court fees (1) The Governor may, by regulation, prescribe and provide for the payment of fees in relation to proceedings in the Court, or any step in such proceedings. (1a) Without limiting the generality of subsection (1), the regulations may provide for all or any of the following matters: (a) specific fees; (b) maximum fees; (c) minimum fees; (d) fees that vary according to value, time, class of matter, or on any other basis; (e) fees that differ for different classes of proceedings, different classes of party or different jurisdictions of the Court; (f) the manner of payment of fees; (g) the time or times at which fees are to be paid, and it is not necessary for a fee to be related to the actual administrative cost incurred. (1b) The regulations may— (a) be of general or limited application; and (b) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (c) provide in a specified case or class of case for the exemption of any proceeding, person or thing, or a class of proceeding, person or thing, from any of the provisions of the regulations, whether— (i) unconditionally or on specified conditions; and (ii) either wholly or to such an extent as is specified; and (d) provide for the payment in advance of a fee or part of a fee prescribed under the regulations; and (e) provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of a fee prescribed under the regulations; and (f) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of a fee prescribed under the regulations which was reduced, waived, postponed, remitted or refunded under the regulations; and (g) confer a discretionary authority or impose a duty on the Court, a member of the Court's judiciary or the Registrar of the Court. (2) The Court may remit or reduce a fee on account of the poverty of the party by whom the fee is payable or for any other proper reason. 54—Accessibility to Court records (1) Subject to this section, the Court must, on application by any member of the public, allow the applicant to inspect or obtain a copy of— (aa) any process relating to proceedings and forming part of the Court's records; (a) a transcript of evidence taken by the Court in any proceedings; (b) any documentary material admitted into evidence in any proceedings; (c) a transcript of submissions by counsel; (d) a transcript of the judge's summing up or directions to the jury, in a trial by jury; (e) a transcript of reasons for judgment (including remarks made by the Court on passing sentence); (f) a judgment or order given or made by the Court. (2) A member of the public may inspect or obtain a copy of the following material only with the permission of the Court: (a) material that was not taken or received in open court; (b) material that the Court has suppressed from publication; (ba) sensitive material in the custody of the Court; (c) material placed before the Court during sentencing proceedings; (d) documentary material filed in connection with committal proceedings; (e) a transcript of any oral evidence taken at committal proceedings; (f) a photograph, slide, film, video tape, audio tape or other form of recording from which a visual image or sound can be produced; (fa) a report prepared to assist the Court in determining a person's eligibility for, or progress in, an intervention program (within the meaning of the Bail Act 1985 or the Sentencing Act 2017 or the Intervention Orders (Prevention of Abuse) Act 2009); (g) material of a class prescribed by the regulations. (3) The Court may permit inspection or copying of material referred to in subsection (2) subject to any of the following conditions: (a) a condition that material that is sensitive material will be available for examination under the supervision of the Court at a place specified in the notice and at a time to be arranged; (b) a condition limiting the publication or use of the material; (c) any other condition that the Court considers appropriate. (4) A decision by the Court on an application under this section is administrative and is final and not subject to any form of review. (4a) Despite the preceding subsections, if 100 years have passed since the end of the calendar year in which material referred to in this section became part of the Court's records— (a) in the case of records that have been delivered into the custody of State Records—section 26 of the State Records Act 1997 applies (to the exclusion of this section) to the giving of access to the records; and (b) in any other case—a member of the public may, without any requirement to seek permission of the Court, be given access to the records. (5) The Court may charge a fee, fixed by regulation, for inspection or copying of material under this section. (6) In this section— sensitive material—see section 67H of the Evidence Act 1929. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1991 70 District Court Act 1991 12.12.1991 6.7.1992 (Gazette 2.7.1992 p209) 1993 62 Statutes Amendment (Courts) Act 1993 27.5.1993 ss 7—9—1.7.1993 (Gazette 24.6.1993 p2047); s 6—28.10.1993 (Gazette 27.10.1993 p1892) 1994 43 Statutes Amendment (Courts) Act 1994 2.6.1994 9.6.1994 (Gazette 9.6.1994 p1669) 1994 90 Land Agents Act 1994 15.12.1994 1.6.1995 (Gazette 25.5.1995 p2198) 1995 65 Statutes Amendment (Recording of Interviews) Act 1995 10.8.1995 Sch (cl 3)—21.12.1995 (Gazette 21.12.1995 p1760) 1995 84 Statutes Amendment (Courts) Act 1995 30.11.1995 21.12.1995 (Gazette 21.12.1995 p1759) 1995 85 Statutes Amendment (Courts Administration Staff) Act 1995 30.11.1995 14.12.1995 (Gazette 14.12.1995 p1641) 1995 87 Building Work Contractors Act 1995 7.12.1995 1.6.1996 (Gazette 23.5.1996 p2536) 1996 46 Statutes Amendment (Mediation, Arbitration and Referral) Act 1996 27.6.1996 30.9.1996 (Gazette 29.8.1996 p808) 1999 42 Statutes Amendment and Repeal (Justice Portfolio) Act 1999 5.8.1999 Pt 8 (ss 46—48)—3.10.1999 (Gazette 23.9.1999 p1208) 2000 4 District Court (Administrative and Disciplinary Division) Amendment Act 2000 20.4.2000 1.6.2000 (Gazette 18.5.2000 p2554) 2001 58 Victims of Crime Act 2001 15.11.2001 Sch 2 (cl 4)—1.1.2003 (Gazette 19.12.2002 p4736) 2001 69 Statutes Amendment (Courts and Judicial Administration) Act 2001 6.12.2001 Pt 6 (ss 12 & 13)—3.2.2002 (Gazette 24.1.2002 p346) 2002 16 Statutes Amendment (Structured Settlements) Act 2002 5.9.2002 Pt 2 (s 4)—1.12.2002 (Gazette 7.11.2002 p4043) 2005 49 Statutes Amendment (Intervention Programs and Sentencing Procedures) Act 2005 27.10.2005 Pt 4 (s 12)—19.12.2005 (Gazette 15.12.2005 p4326) 2006 17 Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 3 (ss 16 & 17)—4.9.2006 (Gazette 17.8.2006 p2831) 2008 7 Statutes Amendment (Evidence and Procedure) Act 2008 17.4.2008 Pt 3 (ss 8 & 9)—23.11.2008 (Gazette 20.11.2008 p5171) 2009 85 Intervention Orders (Prevention of Abuse) Act 2009 10.12.2009 Sch 1 (cl 13)—9.12.2011 (Gazette 20.10.2011 p4269) 2012 17 Statutes Amendment (Attorney-General's Portfolio) Act 2012 24.5.2012 Pt 5 (ss 14 & 15)—5.8.2012 (Gazette 2.8.2012 p3302) 2013 11 Statutes Amendment (Attorney-General's Portfolio) Act 2013 18.4.2013 Pt 5 (ss 8—12)—18.4.2013 (Gazette 18.4.2013 p1155); s 13—9.6.2013 (Gazette 6.6.2013 p2498) 2013 47 Statutes Amendment (Attorney-General's Portfolio No 2) Act 2013 24.10.2013 Pt 4 (s 6)—17.5.2014 (Gazette 8.5.2014 p1630) 2015 16 Statutes Amendment (Vulnerable Witnesses) Act 2015 6.8.2015 Pt 2 (s 4)—1.7.2016 (Gazette 23.6.2016 p2618) 2015 34 Judicial Conduct Commissioner Act 2015 5.11.2015 Sch 1 (cl 4)—5.12.2016 (Gazette 29.11.2016 p4525) 2017 10 Statutes Amendment (Judicial Registrars) Act 2017 11.4.2017 Pt 2 (ss 4—18)—23.5.2017 (Gazette 23.5.2017 p1725) 2017 18 Summary Procedure (Indictable Offences) Amendment Act 2017 14.6.2017 Sch 2 (cll 17, 18 & 41)—5.3.2018 (Gazette 12.12.2017 p4961) 2017 50 Statutes Amendment (Court Fees) Act 2017 28.11.2017 Pt 2 (s 4)—5.3.2018 (Gazette 23.1.2018 p282) 2017 53 Statutes Amendment (Sentencing) Act 2017 28.11.2017 Pt 10 (s 18)—30.4.2018 (Gazette 6.2.2018 p612) 2019 21 Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019 19.9.2019 Pt 5 (s 11)—19.9.2019: s 2(1) 2019 45 Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cll 39 & 40)—1.1.2021 (Gazette 10.12.2020 p5638) 2020 15 Statutes Amendment (Bail Authorities) Act 2020 11.6.2020 Pt 3 (s 10)—1.1.2021 (Gazette 17.12.2020 p5744) 2024 23 Statutes Amendment (Attorney-General's Portfolio) Act 2024 27.6.2024 Pt 3 (ss 4 to 19)—26.8.2024 (Gazette 22.8.2024 p2871) 2025 9 Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2025 12.3.2025 Pt 5 (s 10)—26.5.2025 (Gazette 22.5.2025 p1243) 2025 55 Statutes Amendment (Attorney-General's Portfolio) Act 2025 20.11.2025 Pt 3 (s 5)—20.11.2025: s 2 Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002 19.12.2005 s 3

s 3(1)

Associate Judge inserted by 23/2024 s 4(1) 26.8.2024 judicial office amended by 10/2017 s 4(1) 23.5.2017

amended by 23/2024 s 4(2) 26.8.2024 Judicial Registrar inserted by 10/2017 s 4(2) 23.5.2017 Registrar inserted by 10/2017 s 4(3) 23.5.2017 s 3(2) deleted by 90/1994 Sch 3 cl (1)(a) 1.6.1995

inserted by 23/2024 s 4(3) 26.8.2024 Pt 2

s 7 amended by 90/1994 Sch 3 cl (1)(b) 1.6.1995 s 8

s 8(2) amended by 58/2001 Sch 2 cl 4 1.1.2003 s 8(3) substituted by 90/1994 Sch 3 cl (1)(c) 1.6.1995 s 8(5) and (6) inserted by 4/2000 s 3 1.6.2000 Pt 3

Pt 3 Div 1

s 10

s 10(1) amended by 10/2017 s 5 23.5.2017

amended by 23/2024 s 5(1) 26.8.2024 s 10(2) amended by 23/2024 s 5(2) 26.8.2024 s 11

s 11(3) deleted by 11/2013 s 8 18.4.2013 s 11AA inserted by 11/2013 s 9 18.4.2013 Pt 3 Div 2

Pt 3 Div 2 Subdiv 1

heading inserted by 10/2017 s 6 23.5.2017 s 11A inserted by 11/2013 s 10 18.4.2013 Pt 3 Div 2 Subdiv 2

heading inserted by 10/2017 s 7 23.5.2017

amended by 23/2024 s 6 26.8.2024 s 12

heading amended by 23/2024 s 7(1) 26.8.2024 s 12(1) amended by 11/2013 s 11(1) 18.4.2013

amended by 10/2017 s 8(1) 23.5.2017 s 12(2) (a) deleted by 11/2013 s 11(2) 18.4.2013

amended by 10/2017 s 8(2) 23.5.2017

amended by 23/2024 s 7(2) 26.8.2024 s 12(3) amended by 10/2017 s 8(3) 23.5.2017 s 12(4) amended by 11/2013 s 11(3) 18.4.2013 Pt 3 Div 2 Subdiv 3

heading inserted by 10/2017 s 9 23.5.2017

amended by 23/2024 s 8 26.8.2024 s 13

s 13(1) amended by 42/1999 s 46(a) 3.10.1999

amended by 11/2013 s 12 18.4.2013

amended by 10/2017 s 10 23.5.2017 s 13(3) deleted by 42/1999 s 46(b) 3.10.1999 s 14

s 14(2) amended by 23/2024 s 9 26.8.2024 s 14A inserted by 43/1994 s 13 9.6.1994 s 15

heading amended by 23/2024 s 10(1) 26.8.2024 s 15(2) substituted by 34/2015 Sch 1 cl 4 5.12.2016

amended by 23/2024 s 10(2) 26.8.2024 s 16

heading amended by 55/2025 s 5(1) 20.11.2025 s 16(2) amended by 17/2012 s 14 5.8.2012

amended by 23/2024 s 11 26.8.2024 s 16(3) amended by 55/2025 s 5(2), (3) 20.11.2025 Pt 3 Div 2 Subdiv 4 inserted by 10/2017 s 11 23.5.2017 Pt 3 Div 3

s 17

s 17(2) amended by 85/1995 s 10 14.12.1995 s 18

s 18(3) inserted by 84/1995 s 4 21.12.1995 Pt 4

s 20

s 20(1) amended by 10/2017 s 12(1) 23.5.2017

amended by 23/2024 s 12(1), (2) 26.8.2024 s 20(3) amended by 90/1994 Sch 3 cl (1)(d) 1.6.1995

deleted by 4/2000 s 4(a) 1.6.2000 s 20(4) amended by 90/1994 Sch 3 cl (1)(d) 1.6.1995

amended by 87/1995 Sch 4 cl 1 1.6.1996

amended by 4/2000 s 4(b)—(d) 1.6.2000 s 20(6) amended by 10/2017 s 12(2) 23.5.2017

amended by 23/2024 s 12(2) 26.8.2024 s 24

s 24(1) amended by 43/1994 s 14(a) 9.6.1994

amended by 23/2024 s 13(1) 26.8.2024 s 24(2) amended by 43/1994 s 14(b) 9.6.1994

amended by 23/2024 s 13(2) 26.8.2024 Pt 5

s 29 amended by 10/2017 s 13 23.5.2017

amended by 23/2024 s 14 26.8.2024 Pt 6

Pt 6 Div 1 heading inserted by 4/2000 s 5 1.6.2000 s 32

s 32(1) substituted by 46/1996 s 4(a) 30.9.1996

amended by 17/2012 s 15 5.8.2012

amended by 10/2017 s 14(1) 23.5.2017

amended by 23/2024 s 15 26.8.2024 s 32(2a) inserted by 46/1996 s 4(b) 30.9.1996 s 32(2b) inserted by 46/1996 s 4(b) 30.9.1996 s 32(2c) inserted by 46/1996 s 4(b) 30.9.1996

amended by 10/2017 s 14(2) 23.5.2017

amended by 23/2024 s 15 26.8.2024 s 32(3) amended by 46/1996 s 4(c) 30.9.1996 s 32(4) deleted by 46/1996 s 4(d) 30.9.1996 s 34

s 34(1) amended by 46/1996 s 5 30.9.1996 s 38A inserted by 16/2002 s 4 1.12.2002 s 39

s 39(2) substituted by 62/1993 s 6 28.10.1993 s 40

s 40(2) amended by 47/2013 s 6 17.5.2014 s 42

s 42(1) amended by 42/1999 s 47(a) 3.10.1999

amended by 4/2000 s 6 1.6.2000 s 42(3) amended by 42/1999 s 47(b) 3.10.1999 Pt 6 Div 2 inserted by 4/2000 s 7 1.6.2000 Pt 7

s 43

s 43(2) amended by 43/1994 s 15 9.6.1994

amended by 10/2017 s 15 23.5.2017

amended by 45/2019 Sch 1 cl 39 1.1.2021

amended by 23/2024 s 16 26.8.2024 s 43(3) amended by 90/1994 Sch 3 cl (1)(e) 1.6.1995

substituted by 17/2006 s 16 4.9.2006 s 43(4) amended by 42/1999 s 48 3.10.1999 s 44

s 44(1) amended by 10/2017 s 16 23.5.2017

amended by 23/2024 s 17 26.8.2024 s 44(2) amended by 45/2019 Sch 1 cl 40 1.1.2021 s 45 amended by 18/2017 Sch 2 cl 17 5.3.2018 Pt 8

s 46

s 46(1) amended by 10/2017 s 17 23.5.2017

amended by 21/2019 s 11 19.9.2019

amended by 23/2024 s 18 26.8.2024 s 47 deleted by 69/2001 s 12 3.2.2002 s 48 substituted by 69/2001 s 13 3.2.2002 s 50

s 50(1) amended by 84/1995 s 5 21.12.1995 s 50A inserted by 62/1993 s 7 1.7.1993 s 50A(1) amended by 84/1995 s 6 21.12.1995 s 50B inserted by 7/2008 s 8 23.11.2008 s 50B(1) amended by 16/2015 s 4(1) 1.7.2016 s 50B(2)

person to whom this section applies inserted by 16/2015 s 4(2) 1.7.2016 sexual offence amended by 16/2015 s 4(3) 1.7.2016 s 50C inserted by 9/2025 s 10 26.5.2025 s 51

s 51(1) amended by 62/1993 s 8 1.7.1993

amended by 46/1996 s 6 30.9.1996

amended by 17/2006 s 17 4.9.2006

amended by 10/2017 s 18(1), (2) 23.5.2017

amended by 15/2020 s 10 1.1.2021

amended by 23/2024 s 19 26.8.2024 s 52 amended by 90/1994 Sch 3 cl (1)(f), (g) 1.6.1995

deleted by 4/2000 s 8 1.6.2000 s 53

s 53(1) amended by 50/2017 s 4(1) 5.3.2018 s 53(1a) and (1b) inserted by 50/2017 s 4(2) 5.3.2018 s 54

s 54(1) amended by 62/1993 s 9 1.7.1993

amended by 84/1995 s 7(a) 21.12.1995 s 54(2) substituted by 84/1995 s 7(b) 21.12.1995

amended by 49/2005 s 12 19.12.2005

amended by 7/2008 s 9(1) 23.11.2008

amended by 85/2009 Sch 1 cl 13 9.12.2011

amended by 11/2013 s 13(1) 9.6.2013

amended by 18/2017 Sch 2 cl 18 5.3.2018

amended by 53/2017 s 18 30.4.2018 s 54(3) amended by 65/1995 Sch cl 3(a) 21.12.1995

substituted by 84/1995 s 7(b) 21.12.1995

substituted by 7/2008 s 9(2) 23.11.2008 s 54(4) inserted by 65/1995 Sch cl 3(b) 21.12.1995

substituted by 84/1995 s 7(b) 21.12.1995 s 54(4a) inserted by 11/2013 s 13(2) 9.6.2013 s 54(5) inserted by 65/1995 Sch cl 3(b) 21.12.1995

substituted by 84/1995 s 7(b) 21.12.1995 s 54(6) inserted by 7/2008 s 9(3) 23.11.2008 Transitional etc provisions associated with Act or amendments Statutes Repeal and Amendment (Courts) Act 1991 19—Transitional provisions—District Courts (1) On the commencement of the District Court Act 1991— (a) the Senior District Judge becomes Chief Judge of the Court; (b) the Judges and Masters holding office under the repealed Local and District Criminal Courts Act 1926 become Judges and Masters of the Court; (c) the Registrar and non-judicial staff of local courts of full jurisdiction and district criminal courts are transferred to corresponding positions on the staff of the District Court. (2) Any proceedings commenced before a local court of full jurisdiction or a district criminal court may be continued and completed before the District Court. 23—Interpretation of Acts and instruments The following provisions apply to the interpretation of Acts and instruments (whether of a legislative character or not): (a) a reference to a District Court, a District Criminal Court or a Local Court of Full Jurisdiction will be construed as a reference to the District Court; (b) a reference to a court of summary jurisdiction or a local court of limited or special jurisdiction will be construed as a reference to the Magistrates Court; (c) a reference to an officer of a District Court, a District Criminal Court or a Local Court of Full Jurisdiction will be construed as a reference to an officer with corresponding functions and responsibilities in relation to the District Court; (d) a reference to an officer of a court of summary jurisdiction or a local court of limited or special jurisdiction will be construed as a reference to an officer with corresponding functions and responsibilities in relation to the Magistrates Court. Land Agents Act 1994, Sch 3—Amendment of District Court Act 1991 (2) A reference in any Act or instrument to the Administrative Appeals Court or to the Administrative Appeals Division of the District Court, is so far as the context permits, to be taken to be a reference to the Administrative and Disciplinary Division of the District Court. Statutes Amendment (Courts Administration Staff) Act 1995 20—Transitional provision (1) An appointment to a non-judicial office or position made or purportedly made before the commencement of this Act in accordance with an Act that is amended by this Act will be taken to have been duly made under the statutory provisions that, as amended by this Act, provide for the making of such an appointment as if this Act had been enacted and in force at the relevant time. Summary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14 41—Transitional provision The amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act). Historical versions Reprint No 1—1.7.1993

Reprint No 2—28.10.1993

Reprint No 3—9.6.1994

Reprint No 4—1.6.1995

Reprint No 5—21.12.1995

Reprint No 6—1.6.1996

Reprint No 7—30.6.1996

Reprint No 8—3.10.1999

Reprint No 9—1.6.2000

Reprint No 10—3.2.2002

Reprint No 11—1.12.2002

Reprint No 12—1.1.2003

19.12.2005

4.9.2006

23.11.2008

9.12.2011

5.8.2012

18.4.2013

9.6.2013

17.5.2014

1.7.2016

5.12.2016

23.5.2017

5.3.2018

30.4.2018

19.9.2019

1.1.2021

26.8.2024

26.5.2025