What these rules do: These rules set the step‑by‑step court procedure for petty sessions: how complaints and summonses are drafted, served and filed; how pleas, hearings, warrants, appeals and standard forms operate. They apply to complainants, defendants, victims, prosecutors, clerks and justices.
Why it matters: Mechanically, justices and clerks control extensions, accept written pleas, manage service and filings, and may permit electronic filing, audio‑visual appearances and victim impact statements — shifting compliance tasks to parties and concentrating procedural discretion in the court (see rules 17, 24, 27–29, 54A–54I, 65).
The Justices Rules 2003 (the rules) set procedural requirements and court forms for matters in courts of petty sessions and courts constituted under the Justices Act 1959 (the Act). They prescribe how complaints and summonses are to be made and served (Part 2, rules 6-26), the content and form of complaints (rules 6-17 and Schedule 1 Forms), and filing and record-keeping obligations (rules 17, 23, 71). The rules regulate pleas, including permitting written pleas for a defined list of offences (Part 3, rules 27-29 and Schedule 2). They lay down the course of hearings for simple offences and applications (Part 4, rules 33-39; rule 62 applies Part 4 to applications), procedures for breach of duty complaints (rule 18 and Part 5), and a specific regime for parking meter forfeits (Part 6, rules 41-45).
The rules provide the mechanics for indictable offences and committal material transmission (Part 7, rules 46-49), procedures around suspended sentence breaches (Part 8, rule 50), and issue, direction and execution of warrants (Part 9, rules 51-54). Victim impact statements are regulated in Part 9A (rules 54A-54I): who may furnish them, copying and provision duties of the victim and prosecutor, limits on length and language, and the Court’s powers to exclude irrelevant material or permit amendment or withdrawal. Family Violence Act practice and procedure are given a dedicated Part 9B (rules 54J-54T), detailing filing, service, electronic and personal service protocols, applications and defended applications, audio/affidavit evidence rules for hearings, and notifications (notably service and police/departmental notice obligations at rule 54Q and 54R). Appeals and transmission of records to the Supreme Court are covered (Part 10, rules 55-61, 58), and miscellaneous provisions permit electronic document exchange and recording of proceedings subject to Chief Magistrate approval (rule 65), audiovisual appearances (rule 67), and preservation periods for recordings (rule 66).
Current sections
Direct links to the current provisions in Justices Rules 2003.
7 Complaint to include reference to law contravened
A complaint must include a specific reference to the provision of the Act, regulation, by-law or other law that is alleged to have been contravened.
8
Description of property in complaint
8 Description of property in complaint
(1) A description of property in a complaint must clearly identify the property in ordinary language.
(2) If the offence to which the complaint relates does not require special ownership, a description of property in a complaint does not need to include the name of the owner of the property.
9
Description of ownership in complaint
9 Description of ownership in complaint
If property is vested in more than one person and the owners of the property are referred to in a complaint, it is sufficient –
(a) to describe the property as owned by one named person and another or others; or
(b) to use a collective name without naming an individual if the owners of the property have a collective name.
10
Description of place, time, matter, act or omission in complaint
10 Description of place, time, matter, act or omission in complaint
(1) A place, time, matter, act or omission mentioned in a complaint must be described with reasonable clarity.
(2) If a time or place cannot be stated precisely in a complaint, it is sufficient to state the time or place as nearly as practicable.
11
Description of money in complaint
11 Description of money in complaint
A description of money in a complaint does not need to include the form of the money.
12
Description of people in complaint
12 Description of people in complaint
(1) A description and designation of the defendant or any other person in a complaint must be sufficient to identify the defendant or other person but does not necessarily have to state his or her correct name, address or occupation.
(2) Despite subrule (1) , if in a complaint it is impracticable to give a description or designation that sufficiently identifies a person who is not the defendant as required by that subrule, it is sufficient –
(a) to give a description or designation that is reasonably practicable; or
(b) to describe that person as a person unknown.
13
Description of document, &., in complaint
13 Description of document, &., in complaint
The description of a seal, die, document or instrument in a complaint –
(a) must describe the seal, die, document or instrument by the name or designation by which it is usually known, or by its subject matter; and
(b) is not to include a copy of the seal, die, document or instrument.
14
Statement of intent in complaint
14 Statement of intent in complaint
If an intent to defraud, deceive or injure is stated in a complaint, it is not necessary to state an intention to defraud, deceive or injure a particular person unless it is an essential ingredient of the offence.
15
Complaint on oath
15 Complaint on oath
(1) A complaint on oath is to be in accordance with Form 2.
(2) A person making a complaint on oath must swear that the contents are true to the best of his or her knowledge and belief.
(3) A complaint used as the basis of a warrant must be on oath.
(4) On receipt of a complaint not made on oath, a justice may require it to be sworn on oath unless an Act provides otherwise.
16
Lengthy complaint
16 Lengthy complaint
A complaint, or a complaint and summons, containing lengthy particulars or other components may be set out on 2 or more sheets of paper which are securely fixed together at the top left-hand corner.
17
Lodgment of complaint
17 Lodgment of complaint
(1) The complainant –
(a) may lodge the complaint with a clerk; and
(b) must lodge the complaint within 7 days after the complaint is made.
(2) If a summons is to be issued on a complaint, the complainant is to provide 3 copies of the complaint and the summons, with one copy to be filed with the clerk, another copy to be served under rule 20 and the remaining copy to be endorsed under rule 21 .
18
Complaint for breach of duty
18 Complaint for breach of duty
A complaint of a breach of duty must –
(a) set out the material facts on which the right to an order arises; and
(b) end with an indication of the order being sought.
Division 2
Summons
Division 2 Summons
19
Form of summons
19 Form of summons
A summons is to be in accordance with Form 3 or Form 4.
20
Service of summons
20 Service of summons
(1) A summons may be served on a person other than a corporation by –
(a) giving it to the person; or
(b) leaving it for the person at his or her last-known, or usual, residential address with another person apparently living at that address who has attained the age of 16 years; or
(c) leaving it for the person at his or her last-known, or usual, place of employment or business with another person apparently employed at that business who has attained the age of 16 years; or
(d) posting it by registered mail to his or her last-known, or usual, residential or postal address, or address of business or employment.
(2) A summons may be served on a corporation by –
(a) delivering it to a director, the secretary, the public officer or another responsible officer of the corporation; or
(b) posting it by registered mail to the registered office or place of business of the corporation.
21
Endorsement of service
21 Endorsement of service
A person serving a summons is to –
(a) endorse on a copy of the summons the date, place and mode of service in accordance with Form 5; and
After a summons is endorsed under rule 21 , copies of the complaint and summons are to be –
(a) lodged in the office of the clerk for the district in which the summons is returnable; and
(b) filed by that clerk.
24
Extension of summons
24 Extension of summons
(1) Before or after the return day of a summons, a justice may extend the return day.
(2) If the return day for a summons has been extended under subrule (1) , the justice who made the extension is to do the following on both the summons and a copy of the summons:
(a) alter the date on which the summons is returnable;
(b) place his or her initials and the date in the margin next to the alteration.
25
Alteration to summons
25 Alteration to summons
(1) An alteration to a summons at the time of its issue is to be initialled by the justice who issues the summons.
(2) A failure to comply with subrule (1) does not invalidate the summons.
26
Notice taken to be summons
26 Notice taken to be summons
A notice issued under these rules of court, including a notice following an adjournment, requiring a defendant to appear at a specified time and place –
(a) is taken to be a summons; and
(b) may include a warning to the defendant that, if he or she does not appear when required by the notice, a warrant may be issued for his or her arrest; and
(c) is to be served in the same manner as a summons unless otherwise provided in these rules.
Part 3
Pleas
Part 3 Pleas
27
Written plea
27 Written plea
A defendant who is charged with an offence specified in Schedule 2 may plead in writing in the manner specified in rule 28 or 29 instead of appearing in person as required by the summons.
28
Written plea of guilty
28 Written plea of guilty
(1) A defendant may plead guilty under rule 27 and so be excused from attending court as required by the summons by –
(a) signing the endorsement on the summons that is headed "PLEA OF GUILTY" in the presence of a justice who attests the defendant's signature; and
(b) lodging the endorsed summons at the office of the clerk not less than 5 days before the time fixed for the hearing.
(2) On receipt of a summons endorsed with a plea of guilty and attested as provided in subrule (1) , the justices may proceed as if the defendant had appeared and pleaded guilty to the complaint.
(3) Despite subrule (1) , if the justices believe that the circumstances of a case warrant it, they may require the appearance of the defendant by issuing a notice to him or her under rule 32 .
29
Written plea of not guilty
29 Written plea of not guilty
(1) A defendant may plead not guilty under rule 27 and so be excused from attending court as required by the summons by –
(a) signing the endorsement on the summons that is headed "PLEA OF NOT GUILTY" in the presence of a justice who attests the defendant's signature; and
(b) lodging the endorsed summons at the office of the clerk not less than 5 days before the time fixed for the hearing.
(2) On receipt of a summons endorsed with a plea of not guilty and attested as provided in subrule (1) , the clerk is to cause notice of a new hearing date to be served on the defendant in accordance with these rules.
30
First appearance of defendant not entitled to written plea
30 First appearance of defendant not entitled to written plea
The first appearance of a defendant who is not entitled under rule 27 to plead in writing, or who has not pleaded in writing, is to take place at the time and place appointed in the summons.
31
Hearing in defendant's absence
31 Hearing in defendant's absence
(1) The justices may proceed to hear the case in the absence of a defendant if –
(a) the defendant does not appear and the justices are satisfied that the defendant has been served with the summons or notice; or
(b) the defendant does not answer to bail.
(2) The justices may hear a case in accordance with subrule (1) whether or not the procedure under rule 32 has been applied.
(3) In hearing a case in the absence of the defendant, the justices may receive the evidence they think fit either orally or by way of affidavit.
32
Non-appearance of defendant
32 Non-appearance of defendant
If a defendant who has not pleaded in writing fails to appear at the time and place appointed in the summons or at an adjourned hearing, the justices may issue –
(a) a notice requiring the defendant's appearance at a time and place specified in the notice; or
(b) a warrant for the defendant's arrest.
Part 4
Simple Offences
Part 4 Simple Offences
33
Application of Part
33 Application of Part
This Part applies in respect of a simple offence.
34
Non-appearance of party
34 Non-appearance of party
(1) If a defendant appears at the time and place appointed in a summons or by virtue of a warrant for his or her arrest and the complainant does not appear, the justices may –
(a) dismiss the complaint; or
(b) adjourn the proceedings and proceed in accordance with section 74B of the Act.
(2) If a defendant does not appear at the time and place appointed in the summons, rules 31 and 32 apply.
(3) If neither party appears at the time and place appointed in the summons, the justices may dismiss the complaint or adjourn the proceedings.
35
Course of hearing
35 Course of hearing
(1) If the defendant pleads not guilty or shows cause, the hearing is to proceed as follows:
(a) before adducing evidence, the complainant may, or must if the justices so require, open the complainant's case;
(b) if the complainant opens his or her case, the defendant, immediately after that opening and before evidence is adduced, may inform the justices of the issues expected to arise for determination by the justices;
(c) before adducing evidence, the defendant may, or must if the justices so require, open the defendant's case;
(d) after hearing any addresses made by the parties for the purpose of opening their case and after hearing the evidence, the justices are to –
(i) convict the defendant; or
(ii) dismiss the complaint; or
(iii) make any other order as may be authorised by law;
(e) at the close of evidence for the complainant, the defendant may submit that there is no case to answer and is not required to first elect whether he or she will call evidence;
(f) neither party is entitled to address the justices at the conclusion of the evidence without the leave of the justices.
(2) If the justices under subrule (1)(f) grant leave to a party to address them, the following apply:
(a) the other party must be granted leave to address the justices also;
(b) if the defendant has given evidence or adduced evidence, the defendant is to be given the opportunity to address the justices first;
(c) if the defendant has not given evidence or adduced evidence, the complainant is to be given the opportunity to address the justices first.
(3) If the defendant pleads guilty or, being present, does not show cause, the justices may convict the defendant or make any other order as may be authorised by law without hearing evidence.
(4) Before imposing a penalty in respect of a conviction or order made under this rule, the justices may receive any evidence or statements as they think fit in order to inform themselves as to the circumstances of the case, the penalty to be imposed or the order to be made.
36
Adjournment
36 Adjournment
If a hearing of a simple offence is adjourned under section 74B of the Act without a certain time and place being appointed for the further hearing, the clerk –
(a) may appoint a certain time and place; and
(b) is to give notice in writing of that appointed time and place to the parties, or their legal representatives, if either party so requires.
37
Body warrants
37 Body warrants
A justice may order a defendant who is remanded in custody to be brought before him or her during the remand period and the person who has custody of the defendant must comply with the order.
38
Re-opening of hearing in defendant's absence
38 Re-opening of hearing in defendant's absence
(1) On an application under subrule (2) , any 2 justices jointly may set aside any one or more of the following:
(a) the dismissal of a complaint;
(b) a conviction for the simple offence set out in the complaint that was recorded in the absence of the defendant;
(c) an order arising from the hearing of a complaint made in the absence of the defendant.
(2) An application to have a dismissal, conviction or order set aside by justices under subrule (1) must be –
(a) made in writing by the person –
(i) whose complaint was dismissed; or
(ii) against whom, or in the absence of whom, the conviction or order was made; and
(b) lodged with the clerk of the court where the complaint was dismissed or where the conviction or order was made; and
(c) supported by oral evidence or affidavit; and
(d) accompanied by proof of service on the other party of notice of the application to set aside.
(3) For the purposes of subrule (1) , a dismissal, conviction or order may be set aside on the terms, as to costs or otherwise, that the justices think fit.
(4) Despite any other provision of this rule, a conviction or order made in the absence of the defendant may be set aside without the appearance of either party if the consent of both parties is endorsed on the application.
(5) After setting aside the dismissal, conviction or order, the justices may –
(a) proceed to hear and determine the complaint that was dismissed or the complaint in relation to which the conviction or order was made; or
(b) direct that –
(i) the complaint be reheard and determined at the time and place they specify; and
(ii) any notice they specify is to be given to any person they think necessary.
39
Execution of conviction or order
39 Execution of conviction or order
(1) As soon as practicable after the making of a conviction or order that –
(a) is made in relation to a simple offence; and
(b) is made in the absence of the defendant; and
(c) does not involve imprisonment –
the clerk is to deliver personally or by post to the defendant a written notice informing him or her of the making and details of the conviction or order, including details of any disqualification or disability imposed.
(2) If a conviction or order referred to in subrule (1) requires the defendant to pay an amount, the notice under that subrule is to include –
(a) details of that amount; and
(b) the date on or before which payment is required to be made; and
(c) the time and place at which payment may be made; and
(d) particulars of the instalments to be paid if the justices have ordered payment to be made in instalments.
(3) A person required under a conviction or order to pay an amount of money is to pay that amount, or any instalment of that amount, as the clerk directs, unless the justices otherwise direct.
(4) If a person who is required under a conviction or order to pay an amount of money pays that amount to a person other than the clerk, the person receiving that amount is to –
(a) account to the clerk for that amount; and
(b) if required by the clerk, pay that amount to the clerk.
(5) Subrule (4) does not apply if the court has directed payment of the amount of money to the person who receives the money.
(6) A warrant of execution is to order the person to whom it is directed to pay the amount of money and costs to be levied as the clerk directs.
(7) If a person who is required under a warrant of execution to pay an amount of money pays that amount to a person other than the clerk, the person receiving that amount is to pay it to the clerk as soon as practicable.
Part 5
Breach of Duty
Part 5 Breach of Duty
40
Application of Part 4 to complaint for breach of duty
40 Application of Part 4 to complaint for breach of duty
Except as otherwise provided, Part 4 applies to a complaint for a breach of duty with all necessary modifications and as if "conviction" includes "order".
Part 6
Parking Meters
Part 6 Parking Meters
41
Complaint and summons
41 Complaint and summons
(1) A complaint and summons for a forfeit is to be made in accordance with Form 6.
(2) Two copies of Form 7 must be attached to a summons at the time it is served.
(3) The return day for a summons is to be at least 21 days after the complaint for a forfeit is made.
(4) If it is likely that there will be less than 14 days between the day on which the defendant receives the summons and the return day, the complainant must apply for an extension of the summons under rule 24 .
(5) Except as otherwise provided by this Part, Part 2 applies to a complaint and summons for a forfeit.
42
Answer to complaint
42 Answer to complaint
On receipt of a summons for a forfeit, the defendant may plead to the complaint for the forfeit by –
(a) completing a copy of Form 7 that was attached to the summons under rule 41(2) ; and
(b) lodging the completed Form 7 at a public office within 7 days after being served with the summons.
43
Consequence of answer
43 Consequence of answer
(1) If a defendant pleads to the complaint for a forfeit under rule 42 , he or she is not bound to attend court as required by the summons.
(2) If the complainant appears at court at the time the defendant was required to appear but the defendant is not bound to attend court, the complainant is to bring and produce to the court the Form 7 lodged at the public office by the defendant under rule 42(b) .
(3) If the defendant is not bound to attend court and the defendant has notified the complainant on the defendant's Form 7 that the defendant intends to appear at the hearing, the complainant may avoid further liability in the matter by giving the defendant and the clerk 2 clear days' notice in writing that he or she withdraws the complaint.
44
Course of hearing
44 Course of hearing
(1) Rule 35(3) does not apply to the hearing of a complaint for a forfeit.
(2) If, at a hearing of a complaint for a forfeit –
(a) the defendant has pleaded in accordance with rule 42 ; and
(b) the complainant appears; and
(c) the complainant produces the Form 7 lodged at the public office by the defendant under rule 42(b) –
the justices are to proceed to hear evidence and legal argument on the issues appearing on the complaint for the forfeit and Form 7.
(3) Before proceeding under subrule (1) to hear evidence and legal argument on the issues appearing on the complaint for the forfeit and the Form 7, the justices may grant leave for the complaint or Form 7, or both, to be amended.
(4) If, at a hearing of a complaint for a forfeit, the defendant and complainant both appear and the defendant has not pleaded under rule 42 , the justices are to –
(a) state to the defendant the substance of the complaint; and
(b) ask the defendant how he or she pleads; and
(c) proceed to hear the evidence and legal argument of the issues appearing on the complaint for a forfeit.
(5) If, at a hearing of a complaint for a forfeit, the defendant does not appear and has not pleaded under rule 42 but the complainant does appear, the justices are to determine the amount of the forfeit as if they were imposing a penalty.
45
Rules of pleading
45 Rules of pleading
(1) In this rule –
delaying plea means a plea showing that, even if the complaint were true, the justices have no jurisdiction to hear the complaint and the complaint should not proceed;
plea of general bar means a plea that the defendant owes nothing.
(2) The defendant may answer a complaint for a forfeit by –
(b) is to give particulars that exclude irrelevant evidence and enable the complainant to know what case he or she has to meet.
Part 7
Indictable offences
Part 7 Indictable offences
46
Application of Part
46 Application of Part
This Part applies in respect of indictable offences.
47
Body warrants
47 Body warrants
A justice may order a defendant who is remanded in custody to be brought before the justice before the remand period expires and the person with custody of the defendant must comply with the order.
48
Form of words for election by defendant
48 Form of words for election by defendant
For the purposes of section 72(1) of the Act, the following words are prescribed:
| | The offence with which you are charged is indictable, which means that it is normally treated as a criminal charge and is heard in the Supreme Court.In some cases the law says the case may be disposed of in the lower court.This is one of those cases, and the choice is yours as to which court hears it.Are you willing to be tried here or do you wish to be tried in the Supreme Court by a jury? |
49
Transmission of deposition
49 Transmission of deposition
(1) If a defendant is committed for trial or for sentence, the clerk, without delay, is to –
(a) transmit to the Director of Public Prosecutions the following documents:
(i) the complaint with the committal order enclosed;
(ii) any depositions taken under the Act;
(iii) all recognisances taken in the matter;
(iv) a list of the witnesses who have been bound over to attend the trial conditionally;
(v) the documents and articles produced in evidence and retained by the justice;
(vi) a list of the exhibits produced in evidence;
(vii) a minute of the order certified by the clerk; and
(b) transmit to the Registrar of the Supreme Court a certified copy of the following documents:
(i) the complaint with committal order enclosed;
(ii) any order relating to bail;
(iii) any recognisances taken in the matter.
(2) The defendant is entitled to receive copies of the complaint, depositions and the order of committal or discharge –
(a) from the person who has custody of those documents; and
(b) at any time after all the depositions have been taken.
Part 8
Suspended Sentences
Part 8 Suspended Sentences
50
Breach of suspended sentence
50 Breach of suspended sentence
A person intending to make a complaint, or file an application, about a breach of a condition of a suspended sentence must file the complaint or application with the clerk of the court that imposed the suspended sentence.
Part 9
Warrants
Part 9 Warrants
51
Warrant noted on complaint
51 Warrant noted on complaint
If a warrant of apprehension is issued on a complaint, the justice issuing the warrant is to make a note of the warrant on the complaint and send the complaint to the clerk as soon as practicable.
52
Direction of warrant
52 Direction of warrant
(1) A warrant to apprehend a defendant so that he or she may answer a complaint may be directed to –
(a) a police officer by name; or
(b) all police officers without naming them; or
(c) to a named police officer and all other police officers.
(2) If a police officer named in a warrant is unable to act on the warrant, another police officer may execute the warrant.
53
Execution of warrant
53 Execution of warrant
A warrant –
(a) remains in force until executed; and
(b) may be executed anywhere within the State.
54
Sunday warrant
54 Sunday warrant
Warrants of apprehension and search warrants may be granted, issued and executed on –
(1) A victim who wishes to furnish to the Court a victim impact statement is to provide the original of the statement to the prosecutor, and the prosecutor is to provide a copy of the statement to –
(a) the offender; or
(b) if the offender is represented, his or her counsel.
(2) On providing the statement under subrule (1), the victim is to advise the prosecutor whether he or she wishes to read the statement to the Court.
Postponement of reading of victim impact statement
54E Postponement of reading of victim impact statement
[Rule 54E Inserted by S.R. 2004, No. 177, Applied:29 Dec 2004] If a victim has requested to read a victim impact statement to the Court but is not present in Court, the Court may postpone the reading of the statement and is to cause notice of the time fixed for the reading of the statement to be given to the victim.
54F
Power of victim to amend victim impact statement
54F Power of victim to amend victim impact statement
(i) in the case of an application made by a police officer, a statutory declaration of the officer that to the best of his or her knowledge and belief the information contained in the application is true; or
(ii) in the case of any other applicant, an affidavit of the person that to the best of his or her knowledge and belief the information contained in the application is true; and
(c) be filed with the clerk.
54M
Electronic filing of applications
54M Electronic filing of applications
Where an application is filed by a person, firm, corporation or government agency approved under rule 65(2) , the person, firm, corporation or agency is to retain the original sworn application and produce it to a magistrate on request.
54N
Service of applications
54N Service of applications
(1) A person making an application is to, as soon as practicable after it is filed with the clerk, cause a sealed copy of the application to be served personally on –
(a) in the case of an application for an FVO or an application for a variation to, or extension or revocation of, an FVO, on all other parties to the application; or
(b) in the case of an application for a variation to, or extension or revocation of, a PFVO, on all other parties to the application and on the Commissioner of Police.
(2) Where a police officer is the applicant for the revocation of an FVO or a PFVO, service of a sealed copy of the application is not required.
(3) A person who serves a sealed copy of an application is to –
(a) endorse a copy of the application with a memorandum stating the day, place and mode of service; and
(b) sign the memorandum; and
(c) as soon as practicable, cause the endorsed copy to be lodged with the clerk for the district in which it is returnable.
54O
Defended applications
54O Defended applications
A respondent to an application who wishes to oppose the application must –
(a) as soon as practicable and before the return date of the application, file with the clerk an affidavit setting out the grounds of his or her opposition; and
(b) cause the affidavit to be served personally on all the other parties to the application as soon as practicable after filing it; and
(c) after it has been served –
(i) endorse a copy of the application with a memorandum stating the day, place and mode of service; and
(ii) cause the person who served the affidavit to sign the memorandum; and
(iii) as soon as practicable, cause the endorsed copy to be lodged with the clerk for the district in which it is returnable.
54P
Hearing of applications
54P Hearing of applications
(1) At the hearing of an application under this Part, evidence may be given by affidavit.
(2) A person who makes an affidavit for the purposes of subrule (1) is not required to attend the hearing of the application unless a party to the proceedings, or the justice, so requires.
(3) By notice in writing given to the person who made an affidavit for the purposes of subrule (1) , a party to the proceedings may require that the person attend the hearing for cross-examination and, if the person fails to attend, the court may –
(a) refuse to allow the affidavit to be used; or
(b) allow the affidavit to be used on any conditions the court thinks fit; or
(c) adjourn the proceedings until the person attends for cross-examination.
(4) Notice under subrule (3) is to be given not less than 10 clear working days before the proceedings.
(1) If an FVO or interim FVO is made, varied or extended a copy of the order as made, varied or extended is to be served personally on the respondent as soon as practicable after it is made, varied or extended.
(2) [Rule 54Q Subrule (2) substituted by S.R. 2005, No. 38, Applied:18 May 2005] If an FVO or interim FVO is made, varied or extended by a magistrate while the respondent is present in court, the magistrate may order that the FVO or interim FVO be served on any person and in any manner the magistrate thinks fit.
(3) If an FVO or interim FVO is made, the clerk must forward a copy of the order –
(a) to the Commissioner of Police; and
(b) to the person who made the application for the order; and
(c) if the person who made the application is not the person for whose benefit the order is made –
(i) to the person for whose benefit the order is made; or
(ii) if the person referred to in subparagraph (i) is a child, to his or her legal guardian.
(4) If an FVO or interim FVO is varied or extended, the clerk, as soon as practicable after the order is varied or extended, is to forward a copy of the order as varied or extended –
(a) to the Commissioner of Police; and
(b) to the person who made the application for the variation to or extension of the order; and
(c) if the person who made the application is not the person for whose benefit the order is made –
(i) to the person for whose benefit the order is made; or
(ii) if the person referred to in subparagraph (i) is a child, to his or her legal guardian.
(5) If a registered EFVO is varied or extended, the clerk, as soon as practicable after the variation or extension is made, is to forward a copy of the order, as varied or extended, to –
(a) the Commissioner of Police; and
(b) the person who made the application for the variation or extension.
(6) On the revocation of an FVO, an interim FVO or a registered EFVO, the clerk must notify the following persons of that revocation:
(a) the Commissioner of Police;
(b) all parties to the application for the order.
(7) If a PFVO is varied, extended or revoked by the court, the clerk must notify the following persons of the variation, extension or revocation:
(a) the Commissioner of Police;
(b) all parties to the application for the order.
(8) If an FVO, an interim FVO or a PFVO, including any such order as varied or extended, is served on the person against whom the order is made, the person who served the order is to –
(a) endorse on the copy of the order a memorandum stating that the order has been served; and
(b) sign the memorandum and specify the date on which the order was served; and
(c) forward a copy of the endorsed copy to the clerk.
(9) On receipt of the copy of the order endorsed in accordance with subrule (8)(a) , the clerk is to notify the fact that the order has been served and the date on which it was served to –
(a) the applicant for the order or its variation or extension; and
(b) the person for whose benefit the order was made if that person was not also the applicant; and
(c) the Commissioner of Police.
(10) Evidence of service of a sealed copy of an application under rule 54N may be provided by –
(a) the sworn evidence of the person serving it; or
(b) the endorsed copy.
(11) An endorsement of service or an electronic copy of an endorsement of service is evidence, until the contrary is shown –
(a) that the endorsement was signed by the person whose signature it purports to be; and
(b) that the statements contained in the endorsement are true.
54R
Provisions in respect of children
54R Provisions in respect of children
(1) Where a child is an affected child or a party to an FVO or interim FVO, including a PFVO that is varied, extended or revoked by the court, the clerk is to notify the Secretary of the responsible Department in relation the Children, Young Persons and Their Families Act 1997 –
(a) of the current status of the order; and
(b) where applicable, when service of the order has been effected.
(2) Notification for the purposes of subrule (1) may be by transmission of an electronic copy of the order.
54S
Power of justices to dispense with Part
54S Power of justices to dispense with Part
Justices may, upon such terms and conditions as they think necessary, dispense with the need for a party to proceedings under Part 4 of theFamily Violence Act 2004 to comply with any provision of this Part.
(a) the granting or refusal of bail under section 12 of that Act;
(b) the making, variation, extension or revocation of an interim FVO under section 23 of that Act;
(c) the revocation (but not the making, variation or extension) of an FVO under section 20 of that Act.
Part 10
Appeals
Part 10 Appeals
55
Form of notice of appeal to magistrate
55 Form of notice of appeal to magistrate
A notice of appeal for the purposes of section 113A of the Act is to be in accordance with Form 8.
56
Form of summons
56 Form of summons
A summons for the purposes of section 113A(6) of the Act is to be in accordance with Form 9.
57
Form of application to magistrate to review
57 Form of application to magistrate to review
An application to review under section 113B of the Act is to be in accordance with Form 10.
58
Transmission of document
58 Transmission of document
(1) For the purposes of section 109(2) of the Act, the following documents are prescribed for transmission to the Registrar of the Supreme Court:
(a) the complaint and any amendments;
(b) the notes of evidence or a copy of the notes of evidence taken by the justices or the audio recording of proceedings, if recorded;
(c) the reasons for judgment, if given in writing, or the audio recording, if recorded;
(d) the list of exhibits;
(e) any exhibits which are documents;
(f) a copy of the record of the court's proceedings required to be taken under section 50A of the Act;
(g) in the case of a notice to review a sentence –
(i) the reasons for sentence, if given in writing, or the audio recording, if recorded; and
(ii) copies of the record of conviction; and
(iii) copies of other documents lodged with the court as part of the sentencing process, if any.
(2) If a public officer is a party to a notice to review, the clerk is to forward a certified copy of the documents referred to in subrule (1) to the Director of Public Prosecutions.
59
Voluntary resumption of sentence
59 Voluntary resumption of sentence
(1) A declaration by a gaoler for the purposes of section 121A(3) of the Act is to be –
(a) in accordance with Form 11; and
(b) retained in the prison records.
(2) As soon as practicable after making the declaration, the gaoler is to forward a copy to the clerk of the court which imposed the sentence to which the declaration relates.
60
Appeal to magistrate
60 Appeal to magistrate
An appeal to a magistrate under section 125B of the Act is to be in accordance with Form 12.
61
Appeal to Supreme Court against order for bail
61 Appeal to Supreme Court against order for bail
An appeal to the Supreme Court under section 125C of the Act is to be –
(a) made by notice in writing; and
(b) supported by an affidavit specifying the material facts on which the appellant wishes to rely, unless a judge otherwise orders.
Part 11
Miscellaneous
Part 11 Miscellaneous
62
Application of Part 4 to applications
62 Application of Part 4 to applications
Except as otherwise provided, Part 4 applies to an application with all necessary modifications and as if "complaint" includes application.
63
Re-opening of hearing of application in defendant's absence
63 Re-opening of hearing of application in defendant's absence
(1) On an application under subrule (2) , any 2 justices jointly may set aside any one or more of the following matters:
(a) the dismissal of an application;
(b) an order arising from the hearing of an application made in the absence of the defendant or respondent.
(2) An application to have a dismissal or order set aside by justices under subrule (1) must be –
(a) made in writing by the person –
(i) whose application was dismissed; or
(ii) against whom, or in the absence of whom, the order was made; and
(b) lodged with the clerk of the court where the application was dismissed or where the order was made; and
(c) supported by oral evidence or affidavit; and
(d) accompanied by proof of service on the other party of notice of the application to set aside.
(3) For the purposes of subrule (1) , a dismissal or order may be set aside on the terms, as to costs or otherwise, that the justices think fit.
(4) Despite any other provision of this rule, an order made in the absence of the defendant may be set aside without the appearance of either party if the consent of both parties is endorsed on the application.
(5) After setting aside the dismissal or order, the justices may –
(a) proceed to hear and determine the application that was dismissed or the application in relation to which the order was made; or
(b) direct that –
(i) the application be reheard and determined at the time and place they specify; and
(ii) any notice they specify is to be given to any person they think necessary.
64
Transfer of proceeding
64 Transfer of proceeding
(1) The justices may adjourn proceedings to another court under section 50B(1) of the Act by announcing the adjournment in open court.
(2) If one or both of the parties is absent during the announcement of an adjournment under subrule (1) , the clerk of the court is to inform that party, or those parties, by ordinary mail.
(3) The absence of one or both of the parties does not affect the making of the adjournment of proceedings to another court.
(4) Despite subrule (2) , the justices may determine that an absent party is not entitled to be informed of the adjournment.
(5) The clerk is to forward all documents in his or her possession concerning the adjourned proceedings to the clerk of the court to which the proceedings are adjourned, together with –
(a) a minute of the order under section 50B(1) of the Act; or
(b) the original consent signed pursuant to section 50B(2) of the Act.
(6) If the justices give written consent to an adjournment under section 50B(2) and the date of the adjournment is not specified in the consent, the clerk of the court receiving the proceedings is to advise both parties in the usual way of the date to which the proceedings are adjourned.
(7) If proceedings are adjourned to another court, the original bail is to continue until the next hearing unless an order is made to the contrary.
65
Electronic documents and records of information
65 Electronic documents and records of information
(1) The Chief Magistrate may approve one or more of the following:
(a) the provision or exchange of documents required to be done under these rules by electronic exchange or provision of documents between computers;
(b) the recording of administrative and judicial information required to be kept under these rules by electronic recording;
(c) the recording of proceedings in court, or before a justice, by mechanical, electronic, digital or other means.
(3) The Chief Magistrate, in writing, may revoke an approval under subrule (1) by lodging the revocation at each district registry.
(4) The Chief Magistrate may revoke an approval under subrule (2) by giving written notice of the revocation to the person whose approval to provide or exchange documents electronically or record information electronically is revoked.
66
Period for which tape is to be preserved
66 Period for which tape is to be preserved
Tapes, or other apparatus onto which proceedings or depositions are recorded by mechanical or electronic means, are to be preserved for the following periods:
(a) in the case of a transcript of proceedings that relate to a complaint where a notice to review an order made by justices is filed in the Supreme Court, until the determination of the notice to review;
(b) in the case of a transcript of proceedings that relate to a complaint where an appeal against an order made by a court of petty sessions (other than a court constituted by a magistrate) is made to a magistrate, until the determination of the appeal;
(c) in the case of a transcript of a deposition relating to any cause or matter under the Act, until the determination of the matter in the Supreme Court;
(d) in any other case, for a period of 3 months after the making of the recording.
67
Means by which a person appears before justices
67 Means by which a person appears before justices
(1) If a person is required to appear or be brought before the justices for any purpose, the person may appear or be brought before the justices –
(2) In any proceedings, the justices may, upon such terms and conditions as they think necessary, allow a written statement or report by a person to be tendered or treated as evidence in chief of that person.
(1) Evidence of the service of an application, an affidavit, an order, a notice, a complaint, a summons or any other court process may be provided by –
(a) a memorandum signed by the person who served it; or
(b) the sworn evidence, affidavit or statutory declaration of that person.
(2) A memorandum of service is to include details of the date, time, place and method of service and the full name and address of the person who served it.
(3) A memorandum of service is evidence, until the contrary is shown –
(a) that the memorandum was signed by the person whose signature it purports to be; and
(b) that the statements contained in the memorandum are true.
(4) If service of any court process was effected on a person by registered mail, service of the court process may be proved by –
(a) a signed memorandum on the court process referred to in subrule (1) that specifies the serial number of an apparently duly completed registered mail posting receipt of Australia Post for the registered mail by which the court process was served together with –
(i) the apparently duly completed registered mail posting receipt of Australia Post bearing that serial number; and
(ii) an apparently duly completed return card of Australia Post showing that a registered mail article, bearing the serial number referred to in subparagraph (i) , was received by –
(A) in the case of any court process other than a summons, any person; or
(B) in the case of a summons, a person referred to in rule 20(1) ; or
(b) the sworn evidence of the person who served the court process together with the documents referred to in paragraph (a)(i) and (ii) –
unless the person proves that the court process was not received by that person or another person on that person's behalf.
68B
Evidence of receipt of notice to attend by police witness
68B Evidence of receipt of notice to attend by police witness
[Rule 68B Inserted by S.R. 2007, No. 139, Applied:26 Dec 2007] If in a proceeding under the Act an issue arises as to whether a police officer has received notice, other than by way of a summons under section 41 of the Act, requiring him or her to attend as a witness in that proceeding, the justices may inquire into and inform themselves on that issue in such manner as they think fit, subject to the rules of natural justice.
69
Application
69 Application
If a procedure for an approach to the court of petty sessions is not otherwise provided by the Act, any other Act or these rules, the approach may be made by application in accordance with Form 13 modified as the circumstances require.
70
Formal record of conviction
70 Formal record of conviction
It is not necessary to draw up a conviction, order or record of a decision, unless it –
(a) is required by a party to the proceedings for the purposes of an appeal against the decision; or
(b) is required for the purpose of a return to a writ of habeas corpus or an order to review under the Judicial Review Act 2000 from the Supreme Court.
71
Court record
71 Court record
(1) The clerk is to keep a record for each matter coming before the court.
(2) The record is to contain a summary of the course of the proceedings on the complaint but not the evidence.
(3) Without limiting the generality of subrule (2) , the summary is to include –
(a) the date of the hearing (original and adjourned); and
(b) the names of the presiding justices and persons appearing; and
(c) the pleas; and
(d) a record of adjournments; and
(e) the names of witnesses examined; and
(f) a detailed statement of the result, including convictions and orders.
72
Inspection of court record
72 Inspection of court record
(1) In respect of proceedings under these rules, the record of those proceedings is to be available for inspection without fee by –
(a) a party to the proceedings; or
(b) a Crown Law Officer.
(2) The clerk may permit the record of proceedings held in open court, and the register entries in respect of those proceedings, to be inspected without payment of a fee by a person other than a party to those proceedings or a Crown Law Officer.
73
Authentication of process
73 Authentication of process
A summons or warrant is to be signed by the justice issuing it.
| 1. | An offence under section 40 of the Ambulance Service Act 1982 |
| 2. | An offence under the Animal Welfare Act 1993 , and any regulations made under that Act, if the maximum penalty for the offence does not exceed 10 penalty units |
| 3. | An offence under section 5(4) or 9 of the Bail Act 1994 |
| 4. | An offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1995 , except Part 8, and any regulations made under that Act |
| 5. | An offence under section 16 of the Consumer Affairs Act 1988 |
| 6. | An offence under the Dog Control Act 2000 |
| 7. | An offence under the Environmental Management and Pollution Control Act 1994 , and any regulations made under that Act, if the maximum penalty for the offence does not exceed 10 penalty units |
| 8. | An offence under the Forest Management Act 2013 and any regulations made under that Act |
| 8A. | An offence under the Heavy Vehicle National Law (Tasmania) Act 2013 , except sections 30(1), 228(1), 250(1), 251(1), 254(1), 256(1), 258(1), 260(1), 533(7) and 534(5) of the Heavy Vehicle National Law (Tasmania), and any regulations that apply in Tasmania for the purposes of that Law |
| 9. | An offence under the Inland Fisheries Act 1995 if the maximum penalty for the offence does not exceed 10 penalty units |
| 10. | An offence under the Inland Fisheries (Recreational Fishing) Regulations 2009 |
| 11. | An offence under the Liquor Licensing Act 1990 if the maximum penalty for the offence does not exceed 10 penalty units |
| 12. | An offence under the Litter Act 2007 |
| 13. | An offence under section 203 or 204 of the Living Marine Resources Management Act 1995 , and any regulations or rules made under that Act, if the maximum penalty for the offence does not exceed 10 penalty units |
| 14. | An offence under any by-laws under the Local Government Act 1993 , the University of Tasmania Act 1992 or the Local Government (Highways) Act 1982 |
| 15. | An offence under the Marine and Safety Authority Act 1997 , and any regulations or by-laws made under that Act, if the maximum penalty for the offence does not exceed 10 penalty units |
| 16. | An offence under section 29 of the Motor Accidents (Liabilities and Compensation) Act 1973 |
| 17. | An offence under the National Parks and Reserves Management Act 2002 |
| 18. | An offence under the National Parks and Reserved Land Regulations 2009 |
| 19. | An offence under the Passenger Transport Services Act 2011 and any regulations made under that Act |
| 20. | An offence under section 13 , 14 , 14B , 15(1) , 15A , 15B , 15C , 16 , 17 , 19A , 20AA , 25 , 34B , 37(1) , 37(3) , 37(4) , 41 , 43 , 55A or 57 of the Police Offences Act 1935 |
| 21. | An offence under the Public Health Act 1997 , and any regulations made under that Act, if the maximum penalty for the offence does not exceed 10 penalty units |
| 22. | An offence in regulations made under the Racing Regulation and Integrity Act 2024 if the maximum penalty for the offence does not exceed 10 penalty units |
| 23. | An offence under the Roads and Jetties Act 1935 |
| 24. | An offence under the Road Rules 2009 |
| 25. | An offence under section 7 of the Road Safety (Alcohol and Drugs) Act 1970 |
| 26. | An offence under the Taxi and Hire Vehicle Industries Act 2008 and any regulations made under that Act |
| 27. | An offence under section 41(1) or 51(3) of the Traffic Act 1925 |
| 28. | An offence under the Vehicle and Traffic Act 1999 , except sections 9 , 13 , 14 , 15 , 18 , 31 and 64 , and any regulations made under that Act |
| 29. | An offence under the Wellington Park Regulations 2009 |
| 30. | An offence under the Wildlife Regulations 1999 |
These rules of court were made by the Magistrates Rule Committee at a meeting held on 15 December 2003.
These rules are administered in the Department of Justice and Industrial Relations.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These rules of court may be cited as the Justices Rules 2003 .
2 Commencement
2 Commencement
These rules of court take effect on 1 January 2004.
3 Interpretation
3 Interpretation
(1) In these rules of court –
Act means the Justices Act 1959 ;
Australia Post has the same meaning as in the Australian Postal Corporation Act 1989 of the Commonwealth;
clerk means the clerk of petty sessions appointed under section 16A of the Act;
Crown Law Officer has the same meaning as in section 1 of theCriminal Code ;
first appearance means the first listing of a complaint where the defendant is required to respond to the complaint;
forfeit means a forfeit under section 97 of theLocal Government (Highways) Act 1982 ;
public office has the same meaning as in the Local Government Act 1993 ;
return day, in relation to a summons, means –
(a) the day on which a response to the summons must be lodged or filed; or
(b) the date on which the complaint is next listed before the court.
(2) Unless the contrary intention appears, an expression defined in the Act has the same meaning in these rules of court.
4 Forms
Mechanically, the rules therefore operationalise how matters are brought, pleaded, heard, recorded and transmitted, specify standardised forms (Schedule 1), and establish pathways for victim participation and family violence orders. They do not create substantive offences or penalties; they set times, forms, service methods, evidence and recording standards and the institutional responsibilities of complainants, clerks, prosecutors, justices and parties. Specific cross-references to the Act and other statutes (for example, Family Violence Act 2004, Sentencing Act 1997, Evidence (Audio and Audio Visual Links) Act 1999) are built into numerous rules, so the rules function as procedural scaffolding keyed to substantive statutes.
Main concepts
The rules rest on a series of interlocking procedural concepts that determine who acts, when and how.
Complaint and Summons: A complaint must follow Form 1 (rule 6(1)); complaints are generally sworn before a justice unless made by a public officer (rule 6(2)-(3)). Summonses must follow Forms 3 or 4 (rule 19) and be served using prescribed modes (rule 20). The rules require endorsement of service (rule 21) and filing of endorsed summonses (rule 23).
Particularity and sufficiency: The rules prescribe minimum content for complaints , reference to the law contravened (rule 7), clear descriptions of property, place, time and people (rules 8-13), and special treatment of intent allegations (rule 14) and breach-of-duty complaints (rule 18). These rules establish standards of clarity and sufficiency for processability before a justice.
Forms and standardisation: Schedule 1 sets standardized forms (Form 1-13). Rule 4 prescribes A4 sizing and permits variation “as circumstances require” (rule 4(2)(a)-(b)). Many procedural events are tied to those forms (for example, plea endorsements on the summons, Form 7 for parking forfeits).
Pleas and written disposition: Rule 27-29 allow defendants charged with offences listed in Schedule 2 to plead in writing; a plea of guilty or not guilty is effected by signing an endorsement on the summons in presence of a justice and lodging it not less than five days before the hearing (r 28(1), r 29(1)). The court may nevertheless require attendance if circumstances warrant (r 28(3)).
Hearings in absence, adjournments and re-openings: The rules permit hearing in the absence of a defendant where service is established or bail not answered (r 31). They provide mechanisms to set aside dismissals, convictions or orders made in absence (r 38, r 63) subject to written application, proof of service and supporting affidavit or oral evidence.
Special subject-matter Parts: Parking meter forfeits are governed by Part 6 (rules 41-45) with minimum return day, attached answers via Form 7, and particular rules on pleadings, demurrer and general bar (r 45). Victim impact statements (Part 9A) and Family Violence Act procedures (Part 9B) receive bespoke rules that impose duties on prosecutors, set limits on statements (one statement only, language and page limits r 54I), and require specified notifications (r 54Q, r 54R).
Electronic and remote mechanisms: The Chief Magistrate may authorise electronic exchange of documents, electronic recording, and recording of proceedings (r 65). Persons may appear by audio visual link (r 67) and the Court may receive evidence or submissions by audio, audiovisual or other modes (r 68). There are preservation periods for tapes/records (r 66) and requirements to retain originals where electronic filing has been approved (r 54M).
Evidence of service and proof: Evidence of service can be provided by a memorandum of service or sworn evidence (r 68A), with presumptive weight given to memoranda and endorsed copies until the contrary is shown (r 54Q(11), r 68A(3)).
These concepts combine to turn substantive obligations in the Act and other statutes into operational steps and documentary thresholds. The rules distribute decision-making authority (justices, clerk, Chief Magistrate), allocate responsibilities for preparation and service to complainants, prosecutors and applicants, and create default procedures when parties are absent or do not comply. The design favours standard forms and centralised approvals (Chief Magistrate for electronic approvals), while preserving judicial discretion on issues such as requiring personal attendance (r 28(3), r 67(2)) and excluding irrelevant victim material (r 54G).
Who it affects
The rules allocate duties and process to multiple actors. The primary affected groups are:
Complainants and applicants: Individuals, police and public officers making complaints, applications under the Family Violence Act, or complaints for forfeits. They must prepare complaints in prescribed forms (Form 1, rule 6), swear complaints (rule 6(2)), lodge complaints within set timeframes (rule 17(1)(b)), provide copies when a summons is to issue (rule 17(2)), and follow service and endorsement rules (rules 20-23). In family violence and FVO matters, applicants (including police) must serve sealed copies personally and lodge endorsed copies with the clerk (r 54N, r 54Q).
Defendants/respondents: Persons required to answer complaints or summonses. They face rules on pleas (written pleas for Schedule 2 offences: rules 27-29; Form 7 answers for parking forfeits: Part 6, rules 41-44), obligations to appear in person or by audiovisual link (r 67), and consequences for non-appearance including hearing in absence (r 31) or issuance of warrants (r 32). Defendants must follow endorsement and lodging procedures for written pleas, and can apply to set aside convictions or orders made in absence (r 38).
Justices and magistrates: Presiding officers who exercise discretion under many rules. They may require attendance despite a written plea (r 28(3)), extend return days for summonses (r 24), issue warrants and direct their execution (r 52-53), admit evidence on affidavit (r 54P(1)) or by written statements (r 68AA(2)), and dispense with parts of the Family Violence procedural Part on such terms as they think necessary (r 54S). They determine relevancy of victim material (r 54G) and may approve alternative modes of appearance or communication (r 67(1)(c), r 68).
Clerks of petty sessions: Administrative nodes who receive complaints and endorsed summonses (r 17(2), r 23), file and lodge records (r 23), notify parties of adjournments (r 36), transmit committal material to the Director of Public Prosecutions and Registrar (r 49(1)), forward copies of FVOs to police and applicants (r 54Q(3)-(4)), keep court records (r 71) and preserve recordings where necessary (r 66).
Prosecutors and Crown Law Officers: The prosecutor has duties in relation to victim impact statements: to receive originals from victims and provide copies to the offender or counsel (r 54B(1)), to provide statements to the Court and inform whether the victim wishes to read the statement (r 54C), and to comply with filing and service obligations in particular applications. Crown Law Officers are entitled to inspect records (r 72(1)(b)).
Police and custodial persons: Police execute warrants (r 52-53), receive warrants directed to them by name or generally (r 52), and may be addressees for notice obligations and forwarding of orders (r 54Q, r 54R). Persons with custody must comply with body-warrant orders to produce remanded defendants before a justice (r 37, r 47).
Victims: Victim impact statements are regulated (Part 9A). Victims must provide the original to the prosecutor (r 54B(1)), may indicate willingness to read (r 54B(2)), may amend or withdraw before reading (r 54F, r 54H), and are limited to one statement meeting language and length requirements (r 54I). The Court controls relevancy (r 54G).
Third parties and agencies: The Chief Magistrate, Commissioner of Police and the Secretary of the responsible Department for children receive notifications or approvals under specific rules (r 65, r 54Q(3), r 54R). Approved external entities may be authorised for electronic filing and exchanges, with retention obligations imposed on such parties (r 65(2), r 54M).
The rules thus shift practical burdens onto complainants/applicants for correct drafting, service and filing; onto clerks for record-keeping and transmission; onto prosecutors for handling victim statements; and onto justices for exercising discretion across procedural reliefs, evidentiary reception and enforcement steps. The rules affect both private litigants and public officers (police, prosecutors, clerks), and impose particular administrative tasks on agencies (notification, electronic approvals) and custodial authorities (production under body warrants).
Key duties and rights
This Part identifies the principal duties imposed by the rules and the rights or procedural protections they create.
Duties
Form and content duties: Complaints must accord with Form 1 (rule 6(1)), include specific reference to the law contravened (rule 7), and meet descriptive requirements for property, place, time or persons (rules 8-13). Complaints on oath must be in Form 2 and sworn (rule 15).
Lodgment and filing: Complainants must lodge complaints with the clerk within seven days after making the complaint (rule 17(1)(b)); where a summons will issue, three copies of complaint and summons must be provided (rule 17(2)). Summonses endorsed under rule 21 must be lodged and filed (rule 23).
Service and endorsement: Service methods are prescribed (rule 20) for individuals and corporations. The server must endorse the summons with date, place and mode of service and sign (rule 21). For applications under the Family Violence Part, sealed copies are to be served personally on specified parties and an endorsed copy lodged with the clerk (rule 54N).
Responses and written pleas: Defendants of offences listed in Schedule 2 may plead in writing by signing and attesting plea endorsements and lodging them not less than five days before hearing (rules 27-29). For parking meter forfeits, a defendant may answer using Form 7 and lodge it at a public office within seven days (rule 42).
Prosecutor/victim duties: Victims must provide original victim impact statements to the prosecutor (r 54B(1)); prosecutors must provide copies to the offender or counsel (r 54B(1)), provide the statement to the Court and inform whether the victim wishes to read it (r 54C).
Electronic approvals and retention: Where an entity is approved for electronic filing or exchange by the Chief Magistrate (r 65(1)-(3)), the entity must retain original sworn applications and produce them to a magistrate on request (r 54M).
Record-keeping and transmission: Clerks must keep a record for each matter (r 71), forward committal material to the Director of Public Prosecutions and Registrar (r 49(1)), and notify police/applicants of FVOs and service (r 54Q).
Rights and procedural protections
Right to be informed: After a conviction or order made in absence for a simple offence (that does not involve imprisonment), the clerk must deliver personally or by post a written notice informing the defendant of the conviction or order and any disqualification or details of payment (r 39(1)-(2)).
Right to set aside in absence: Persons affected by dismissals, convictions or orders made in their absence may apply in writing to have those matters set aside; two justices may set aside such matters on terms as they think fit (r 38(1)-(5)). A parallel provision applies to applications (r 63).
Right of review and appeal: The rules prescribe forms and procedures for appeals and reviews to magistrates and the Supreme Court (Part 10, rules 55-61, 58 sets transmission documents for s 109(2) of the Act). The formal record of conviction is not required unless needed for appeal or judicial review (r 70).
Evidentiary protections: The Court can exclude irrelevant parts of victim statements (r 54G), require attendance for cross-examination where affidavits are used (r 54P(3)-(4)), and set conditions on use of written statements of evidence as evidence-in-chief (r 68AA(2)).
Procedural discretion: Justices may dispense with compliance with any provision of the Family Violence procedural Part on such terms as they think necessary (r 54S), and may grant leave to amend complaints or forms at hearings (r 44(3)). They may also require personal attendance despite written pleas (r 28(3)).
Presumptions in proof of service: Memoranda of service and endorsed copies serve as evidence until the contrary is shown (r 54Q(11), r 68A(3)). Where service is by registered mail, the rules specify documentary proof and a method to show posting and receipt (r 68A(4)).
Mechanistically, duties are concentrated on preparation, service and filing by complainants/applicants and on recording, notification and transmission by clerks and prosecutors. Rights mostly take the form of procedural protections: notice requirements, opportunities to set aside in-absentia decisions, and regulated evidentiary pathways. The rules balance standardisation (forms, timelines) with judicial discretion (attendance, exclusion of irrelevant material, dispensing with Part compliance).
Penalties and enforcement
The rules themselves do not create new substantive offences or set monetary penalties; instead they prescribe procedural mechanisms that govern enforcement of orders, execution of warrants and consequence administration. Enforcement mechanisms and consequences are implemented through the interaction of the procedural rules with statutory offences and enforcement tools under the Act and other statutes.
Key enforcement mechanisms set out in the rules:
Warrant issue, direction and execution: The rules authorise issuing warrants for apprehension if a defendant fails to appear or answer bail (rule 32). Warrants may be directed to named police officers, all police officers, or named plus all others (rule 52(1)), and remain in force until executed and may be executed anywhere within the State (rule 53). Where a justice issues a warrant on a complaint, the justice must note the warrant on the complaint and send it to the clerk (rule 51).
Execution of convictions and orders: For simple offences where conviction or an order is made in the defendant’s absence and does not involve imprisonment, the clerk must give written notice to the defendant of the conviction and any disqualification and payment details (rule 39(1)-(2)). Payment enforcement is directed by the clerk (rule 39(3)-(7)); warrants of execution may direct levying of money and costs as the clerk directs (rule 39(6)).
Remand and body warrants: Justices can order a remanded defendant to be physically brought before them during the remand period and custodians must comply (rule 37, rule 47 for indictable matters). This mechanism supports judicial supervision and enforcement of remand conditions.
Hearing in absence and outcomes: Where a defendant is properly served but does not appear, justices may hear the case in the defendant’s absence (rule 31). That hearing can result in conviction, dismissal, or other orders (rule 35(1)(d)). The availability of re-opening procedures (rule 38) and the clerk’s obligation to notify defendants (rule 39) provide remedial processes for enforcement outcomes rendered in absence.
Parking meter forfeits process: Part 6 sets a procedure enabling complainants to proceed on a forfeit, including forms, return-day minimums (r 41(3)), and the option for defendants to lodge answers by Form 7 (r 42). Where a defendant does not appear, the justices determine the forfeit's amount "as if they were imposing a penalty" (r 44(5)), and enforcement steps under rule 39 then apply for payment and warrants of execution.
Service evidence and presumptions: The rules give evidential effect to service memoranda and endorsed copies (r 68A(1)-(3); r 54Q(11)). Those presumptions reduce the burden of proving service in enforcement proceedings and facilitate issuance of warrants or orders where service is asserted.
Family Violence orders: The rules require personal service of FVOs and interim FVOs on respondents as soon as practicable (r 54Q(1)), and mandate forwarding copies to the Commissioner of Police and applicants (r 54Q(3)-(4)). Revocations and variations must be notified (r 54Q(6)-(7)). These notification duties integrate enforcement by police and agencies. The court may also vary or revoke orders in respondent’s presence and order service in any manner it thinks fit (r 54Q(2)).
Preservation of recordings: For potential appellate matters and review, tapes and recordings are to be preserved for statutory periods (r 66), which impacts the availability of material for enforcement and review.
Costs and practical implications for enforcement
The rules concentrate enforcement initiation on proof of proper service and clerical action. Where service evidence is uncontested by the defendant, enforcement (warrants, execution of monetary orders) follows relatively straightforward bureaucratic steps. Where service is disputed, r 68A permits more detailed proof by registered mail receipt or sworn evidence, which increases administrative burden and evidentiary work for prosecutors or complainants.
Remedial pathways reduce the risk of irreversible enforcement where defendants were absent: set-aside procedures (r 38) allow two justices to reopen matters on written application and supporting evidence. These impose time and documentary costs on applicants but balance finality against procedural fairness.
The rules do not specify penalty amounts or sentencing scales; enforcement in monetary terms draws on orders made under substantive law. The rules' role is to ensure the administrative apparatus,notice, service, endorsement, clerk directions, and warrants,is in place to operationalise statutory penalties and orders.
In short, the rules are enforcement enablers: they provide the documents, proof mechanisms and clerk/justice actions that allow statutory penalties and warrants to be executed, while embedding procedural safeguards (notice, re-opening) and administrative proof presumptions (endorsements, memoranda).
How it interacts with other laws
The rules operate as procedural complements to multiple Acts and regulations, explicitly referencing and integrating with the Justices Act 1959 (the Act), the Family Violence Act 2004, the Sentencing Act 1997, the Youth Justice Act 1997, the Evidence (Audio and Audio Visual Links) Act 1999, and many substantive statutes listed in Schedule 2. The rules consistently cross‑reference statutory provisions, making them a bridge between statutory substantive law and courtroom practice.
Key interaction points:
Justices Act 1959: The rules frequently incorporate the Act’s terminology and mechanics. The interpretation provision expressly states that expressions defined in the Act have the same meaning in the rules unless contrary intention appears (rule 3(2)). Procedural mechanisms such as committal and transmission of depositions reference the Act (rule 49 prescribes transmission when a defendant is committed for trial or sentence, and rule 64 allows adjournment to another court under s 50B(1) of the Act).
Family Violence Act 2004: Part 9B of the rules specifically governs practice under that Act (rules 54J-54T). Definitions are aligned with the Family Violence Act (rule 54J(2)), and the rules prescribe service, notifications and evidence processes for applications for FVOs, variations, extensions or revocations (rules 54L-54P, 54Q). The rules also limit the jurisdiction of courts constituted by one or more justices (where one is not a magistrate) for certain Family Violence powers (rule 54T), thus coordinating judicial capacity with the statutory scheme.
Sentencing Act 1997 and Youth Justice Act 1997: The victim impact statement definitions and rights link to sections in those Acts (rule 54A defines “victim” with reference to s 81A of the Sentencing Act 1997 and s 36A of the Youth Justice Act 1997), and the rules implement how victim statements are to be handled during sentencing under those Acts (rules 54B-54I).
Evidence (Audio and Audio Visual Links) Act 1999: The rules permit appearance and reception of evidence by audio-visual link within the meaning of that Act (rule 67(1)(b), rule 68(b)). The rules therefore adopt the framework governing technological links and remote testimony established by the Evidence Act.
Local Government (Highways) Act 1982 and other substantive statutes listed in Schedule 2: The rules reference forfeits defined under specific statutes (e.g., “forfeit” as under s 97 of the Local Government (Highways) Act 1982 in rule 3(1) definition). Part 6 prescribes the court process for parking meter forfeits and cross-references s 100(3) of the Local Government (Highways) Act in the context of pleadings (rule 45(2)(b)(iii)). Schedule 2 lists numerous statutory offences (from Ambulance Service Act 1982 to vehicle, fisheries, environmental and licensing Acts) for which written pleas are permitted, thus operationalising statutory offence procedures under the rules.
Statutory forms and court orders: The rules prescribe standard forms (Schedule 1) for complaints, summonses, notices to appeal, applications for review and other processes. Those forms are to be used in conjunction with statutory provisions requiring or allowing those processes (e.g., notice of appeal under s 113A of the Act uses Form 8 per rule 55).
Administrative statutes: The Rules Publication Act 1953 is cited as governing the display and numbering of the rules (end note), and the Statutory Holidays Act 2000 is referenced in relation to execution of warrants on holidays (rule 54).
The rules thus do not operate in isolation. They are procedural subordinate legislation that prescribes how statutory rights and obligations are to be pursued or enforced; they implement, clarify and sometimes constrain statutory powers (for example, limiting court constitution for Family Violence jurisdiction at r 54T) and ensure documentary, timing and service standards that the substantive law presumes or requires. Where the rules set procedures that affect substantive outcomes (for example, time limits for lodging pleas, or evidence preservation periods), those procedural constraints can have consequence for statutory rights such as the ability to appeal under the Act. Conversely, several rules explicitly defer to statutory provisions (the interpretation rule 3(2), the admission of reports except for preliminary proceedings per r 68AA(1)).
Practitioners should therefore read the rules in tandem with the Act or other listed statutes: the rules determine the procedural pathway by which statutory powers are exercised and are frequently explicit about which statutory section they operationalise.
Amendment history
The rules include multiple amendment annotations embedded in the text and Schedule 2, which show iterative changes since their making. Key chronological markers and amendments recorded in the instrument itself:
Original making: The rules were made by the Magistrates Rule Committee on 15 December 2003 and were notified in the Gazette on 24 December 2003. They commenced 1 January 2004 (rules 1-2 and end notes).
Early insertions and rescissions:
Rule 22 was rescinded by S.R. 2005, No. 38, applied 18 May 2005 (the text notes the rescission).
Rule 54A (Part 9A definitions) was inserted by S.R. 2004, No. 177, applied 29 Dec 2004 and later amended by S.R. 2006, No. 138 (applied 20 Dec 2006) and S.R. 2014, No. 45 (applied 16 Apr 2014).
Family Violence Part: Division 1 (Part 9B) and associated rules (54J-54T) were inserted by S.R. 2005, No. 18, applied 30 Mar 2005; rule 54Q(2) substituted by S.R. 2005, No. 38 (applied 18 May 2005); rule 54T substituted by S.R. 2009, No. 77 (applied 08 Jul 2009).
Pleading and written plea amendments: Rule 6(3) (allowing complaints by public officers not to be sworn) was substituted by S.R. 2009, No. 77, applied 08 Jul 2009. Rule 27 Schedule 2 has several amendments over time (see Schedule 2 entries).
Electronic and evidence rules:
Rule 65 subrules amended by S.R. 2005, No. 18 (applied 30 Mar 2005).
Rule 68AA was inserted by S.R. 2008, No. 121, applied 08 Oct 2008.
Rule 68B was inserted by S.R. 2007, No. 139, applied 26 Dec 2007.
Victim impact rules: Rules 54B-54I were inserted by S.R. 2004, No. 177, applied 29 Dec 2004. Several subrules and definitions were amended by S.R. 2006, No. 138 (applied 20 Dec 2006) and 2014 No. 45 (applied 16 Apr 2014).
Schedule 2 amendments: The instrument records a sequence of amendments to the list of offences in Schedule 2:
Amended by S.R. 2006, No. 138 (applied 20 Dec 2006).
Amended by S.R. 2009, No. 150 (applied 02 Dec 2009).
Amended by S.R. 2010, No. 111 (applied 24 Nov 2010).
Amended by No. 60 of 2011, Sch 1 (applied 01 Jul 2013).
Amended by S.R. 2013, No. 68 (applied 04 Sep 2013).
Amended by No. 50 of 2013, Sch 1 (applied 11 Dec 2013).
Amended by No. 14 of 2024, s 23 (applied 01 Feb 2025).
Specific rule substitutions and rescissions are annotated in-line throughout the rules (for example, rescission of r 22; substitution of r 54D by S.R. 2006, No. 138 applied 20 Dec 2006).
Implementation notes evident from the amendment record:
The rules have been iteratively amended to accommodate new statutory regimes and practice needs: the insertion of Family Violence practice rules (2005), victim impact rules (2004), and audiovisual/evidence rules (2007-2008) reflect responses to statutory developments and technological change.
Schedule 2’s list of offences has been periodically updated to reflect changes to the statutory landscape, adding or removing offences and excluding specified sections of national or state laws where necessary (for example, the Heavy Vehicle National Law (Tasmania) Act 2013 entry with certain sections excepted).
The Chief Magistrate’s administrative role (rule 65 approvals and revocations) and specific time-sensitive rules (for example, requirements tied to days before hearings: r 28(1)(b), r 29(1)(b)) indicate practical adaptation rather than substantive lawmaking.
For practitioners assessing historical obligations or compliance periods, the annotated amendment notes in the rules themselves specify when particular subrules were inserted, substituted or rescinded and the statutory instruments effecting those changes. The rules’ end notation records administration in the Department of Justice and Industrial Relations and the Rules Publication Act 1953 compliance.
Litigation history
The text of the rules supplied contains no citations to judicial decisions construing the rules, nor does it list any litigation outcomes. The schedule and rule-notes refer solely to statutory amendments (regulation instruments and Acts) and do not cite cases. Consequently, within the supplied instrument there is no recorded litigation history, judicial interpretation or authority derived from case law.
Practical consequence for practitioners: because the rules themselves do not include judicial interpretation notes, reliance on how courts have applied or construed particular procedural provisions will require separate research in case law databases or reporters. Areas likely to have seen litigation and therefore warrant targeted case research include:
Service and proof of service disputes , rules 20, 21, 68A set evidentiary presumptions and documentary approaches that may have been litigated.
Hearing in absence and set-aside applications , rules 31 and 38 provide both the power to proceed and the remedy; courts may have interpreted what amounts to sufficient service or what constitutes reasonable grounds for setting aside.
Family Violence Act procedural interactions , rules 54J-54T implement statutory powers and may have been the subject of judicial scrutiny, particularly jurisdictional limits in rule 54T and the scope for justices to dispense with Part compliance in rule 54S.
Admissibility of written statements and testimony via audio/visual links under rules 68AA, 67 and 68 , judicial guidance may exist on reliability, cross-examination rights, and conditions.
Because the instrument does not supply any decided cases, users must undertake jurisdictional case law research to identify judicial interpretation or to confirm operational practice. The absence of in-text litigation references is not unusual for subordinate procedural rules; but for advice or advocacy, confirmation against reported decisions is recommended.
Gotchas
The rules contain several procedural traps and tight points where failure to follow form, timing or proof requirements may materially affect outcomes. These practical “gotchas” are grounded in the rules’ text and likely to generate disputes if overlooked.
Timing for lodging complaints and pleas: Complainants must lodge complaints with the clerk within seven days after making the complaint (rule 17(1)(b)). For written pleas (Schedule 2 offences), endorsed pleas must be lodged at the clerk’s office not less than five days before the time fixed for the hearing (rules 28(1)(b), 29(1)(b)). For parking forfeits, the Form 7 answer must be lodged at a public office within 7 days of service (rule 42(b)). Missing these time windows can deprive parties of procedural options (for example, a defendant losing the right to plead in writing or a complainant losing timely filing).
Service mode specificity and evidence requirements: Service modes for summonses are prescribed (rule 20). Where service is by registered mail the rules require the server to produce a registered mail posting receipt and return card, or sworn evidence with those documents, to prove receipt (rule 68A(4)). Relying on informal service without the prescribed endorsement (rule 21) or without documentary proof risks disputes and may prevent the court being satisfied of service sufficient to proceed in the defendant’s absence (rule 31).
Pleading by public officer and oath technicality: Rule 6(3) (substituted by S.R. 2009 No. 77) allows complaints made by public officers not to be sworn before a justice despite rule 6(2). Practitioners must check whether the complaint is by a public officer and ensure compliance with the exception to avoid defective complaint issues.
Hearing in absence and notice mechanics: The justices may proceed in a defendant’s absence if satisfied the defendant was served (rule 31(1)(a)). However, rule 39 then imposes a notice duty to the defendant where convictions/orders are made in absence. Failure by the clerk to properly give notice could complicate enforcement or set-aside applications (rule 38). Conversely, defendants who do not apply under rule 38 with the required proof and supporting affidavit risk forfeiting their opportunity to re-open.
Form variations and attestation: Rule 4 permits forms to be varied “as circumstances require” (rule 4(2)(b)). Variations that undermine the required attestations (for example,attestation by a justice for a written plea under r 28(1)(a)) can render a plea defective. For written pleas of guilty or not guilty (rules 28-29), the signature must be attested by a justice , a mere witness signature by a non-justice will not satisfy the rule.
Preservation of recordings and appellate availability: Recordings are preserved for different statutory periods (rule 66). If a transcript is required for appeal or a notice to review, practitioners must ensure recordings are preserved long enough. Failure to secure preservation can frustrate appellate rights (rule 66 references preservation until determination for certain appeals).
Victim impact statement restrictions: Part 9A restricts victims to a single statement, requires English language and legibility, caps length at 20 pages (including annexures) unless the Court grants leave, and allows the Court to exclude irrelevant material (rules 54I, 54G). Expect challenges where victims or prosecutors attempt to present lengthy medical annexures without prior leave.
Family Violence procedural complexity: The Family Violence Part creates a web of service and notification obligations (rules 54N, 54Q, 54R). For example, failure to personally serve an FVO or interim FVO as soon as practicable (rule 54Q(1)) may affect enforceability and police notification duties. Rule 54T also limits what a court constituted by certain justices may do, so the court’s constitution affects jurisdiction for FVOs and bail decisions.
Electronic filing approvals and original retention: Where electronic filing is approved (rule 65), rule 54M requires the filer to retain original sworn applications and produce them to a magistrate on request. Failure to retain originals after electronic filing can lead to evidentiary problems.
Parking forfeit return-day and extension requirement: For parking meter forfeits the return day must be at least 21 days after the complaint (rule 41(3)); if less than 14 days will elapse between service and return day, the complainant must seek an extension under rule 24. Non-compliance with these timing constraints may invalidate procedural steps.
Memoranda of service as presumptive evidence: Memoranda and endorsed copies are evidence “until the contrary is shown” (rule 54Q(11), rule 68A(3)). While helpful, they can be rebutted , relying solely on a memorandum without corroborating documentary proof may be risky in contested cases.
These “gotchas” are procedural, not substantive. They are the points at which administrative oversights, incorrect form usage or timing failures have immediate and tangible effects on process, admissibility, enforcement or appellate rights. Practitioners should build checklists around the rules’ timing, service and attestation mandates and document preservation obligations.
How to comply
This section gives a practical compliance checklist and operational steps for the common roles implicated by the rules: complainants/applicants (including police), defendants/respondents, prosecutors, clerks and courts. Each step cites the controlling rule.
Complainants / Applicants (including police)
Prepare the complaint in Form 1 and, if on oath, use Form 2 (rules 6(1), 15(1)). Ensure the complaint includes the specific statutory provision alleged to be contravened (rule 7).
Where complaint involves property, people, time or place, ensure descriptions meet the specific sufficiency rules: ordinary language for property (rule 8), reasonable clarity for place/time (rule 10), designation sufficient to identify persons (rule 12).
If issuing a summons, provide three copies of complaint and summons at time of lodging (rule 17(2)): one to clerk (filed), one to serve, one to endorse.
Lodge the complaint with the clerk within seven days after making the complaint (rule 17(1)(b)). For parking forfeits, follow Form 6 and attach two copies of Form 7 for service (rule 41(1)-(2)).
Serve summonses per rule 20; if serving by registered mail, secure and preserve the registered mail posting receipt and return card (rule 68A(4)). Endorse service on the copy of the summons (rule 21) and file the endorsed copy with the clerk (rule 23).
If the return day is inadequate (for forfeits if fewer than 14 days remain between receipt and return day), apply for extension under rule 24 before the return day (rule 41(4), rule 24).
Defendants / Respondents
For Schedule 2 offences, if electing a written plea, sign the relevant endorsement in the presence of a justice and lodge it not less than five days before hearing (rules 27-29, r 28(1)(a)-(b) and r 29(1)(a)-(b)).
For parking forfeits, complete the copy of Form 7 attached to the summons and lodge it at a public office within 7 days after service (rule 42(b)). If pleading via Form 7, you are not required to attend (rule 43(1)).
If served, keep the endorsed summons or memorandum proving service; it is primary evidence of service absent contrary proof (rules 21, 68A).
If absent and convicted or an order is made in absence, check receipt of the clerk’s written notice (rule 39); if the conviction was made in your absence and you have grounds, apply under rule 38 to set aside, supported by affidavit or oral evidence and proof of service (rule 38(2)).
Prosecutors / Victims
Victims must provide the original victim impact statement to the prosecutor; the prosecutor must provide a copy to the offender or counsel (rule 54B(1)). Confirm the victim’s wish re reading the statement and inform the Court (rules 54B(2), 54C).
Ensure victim statements comply with format, language and page limits (one statement, legible, English, <=20 pages inclusive of annexures unless leave granted , rule 54I).
For Family Violence applications, file the application with a statutory declaration (police) or affidavit (other applicants) and serve sealed copies personally on parties as soon as practicable (rule 54L, r 54N(1)). If police are applicant for revocation of an FVO/PFVO, service of sealed copy is not required (rule 54N(2)).
Provide copies of FVOs to the Commissioner of Police and the applicant as mandated (rule 54Q(3)). Where a PFVO is varied, extended or revoked, forward notices to police and all parties (rule 54Q(7)).
Clerks and Court Administration
Maintain individual court records summarising the course of proceedings (rule 71). Ensure records include required elements (dates, presiding justices, pleas, adjournments, witnesses, results).
File and lodge endorsed summonses and other documents in the appropriate district registry (rules 17(2), 23). Transmit committal materials promptly to the Director of Public Prosecutions and Registrar as required when a defendant is committed for trial or sentence (rule 49(1)).
Preserve tapes and other recordings per rule 66: for transcripts where a notice to review is filed the recording must be preserved until determination; otherwise preserve recordings for three months.
On conviction in absence for a simple offence not involving imprisonment, promptly mail or deliver written notice of the conviction and payment requirements to the defendant (rule 39(1)-(2)). Account for payments made to persons other than clerks and instruct receipt to be paid to the clerk as soon as practicable (rule 39(4)-(5), (7)).
Technical and electronic compliance
For electronic filing or exchange, seek approval from the Chief Magistrate prior to electronic submission (rule 65(1)-(2)). If approved, retain originals of sworn applications and be ready to produce originals on request (rule 54M).
Use audio or audiovisual links only in accordance with the Evidence (Audio and Audio Visual Links) Act 1999 as adopted by rule 67 and ensure the court expressly directs the alternative mode if required (rules 67(1)(b), 67(1)(c), 67(2)).
Checklist summary (practical)
Draft complaint or application using the prescribed form and include statutory references (rules 6, 7, 54L).
Swear or verify as required (rule 15; r 54L statutory declaration/affidavit).
Lodge within required period (rule 17). Provide required copies for service and endorsement (rule 17(2)).
Serve using prescribed methods; obtain and retain proof of service or registered mail receipts (rules 20, 21, 68A).
For written pleas or parking Forfeits, meet the five-day/7-day lodgement windows and attestations (rules 28-29, 42).
Preserve recordings and documents relevant to potential appeal (rule 66).
If electronically filing, ensure Chief Magistrate approval and retain original sworn material (rules 65, 54M).
For FVOs and EFVOs, follow personal service/notification and forwarding obligations to police and agencies (rules 54N, 54Q, 54R).
If served and absent, be proactive about applications to set aside under rules 38/63 with supporting affidavit and proof of service.
Following these steps will align practice with the procedural prescriptions of the Justices Rules 2003 and reduce the risk that administrative defects derail substantive outcomes.
(1) In these rules of court, a reference to a form by number is a reference to the form of that number in Schedule 1 .
(2) A form set out in Schedule 1 –
(a) is to be on A4 paper that is 297 millimetres in length by 210 millimetres in width; and
(b) may be varied as circumstances require.
5 Procedure for matter not provided for
5 Procedure for matter not provided for
In any matter not otherwise provided for by these rules of court, the practice of the Supreme Court is to be followed.
Part 2 Complaint and summons
Part 2 Complaint and summons
Division 1 Complaint
Division 1 Complaint
6 Form and making of complaint
6 Form and making of complaint
(1) A complaint is to be in accordance with Form 1.
(2) A complaint must be sworn before a justice.
(3) [Rule 6 Subrule (3) substituted by S.R. 2009, No. 77, Applied:08 Jul 2009] Despite subrule (2) , a complaint made by a public officer does not need to be sworn before a justice.
7 Complaint to include reference to law contravened
7 Complaint to include reference to law contravened
A complaint must include a specific reference to the provision of the Act, regulation, by-law or other law that is alleged to have been contravened.
8 Description of property in complaint
8 Description of property in complaint
(1) A description of property in a complaint must clearly identify the property in ordinary language.
(2) If the offence to which the complaint relates does not require special ownership, a description of property in a complaint does not need to include the name of the owner of the property.
9 Description of ownership in complaint
9 Description of ownership in complaint
If property is vested in more than one person and the owners of the property are referred to in a complaint, it is sufficient –
(a) to describe the property as owned by one named person and another or others; or
(b) to use a collective name without naming an individual if the owners of the property have a collective name.
10 Description of place, time, matter, act or omission in complaint
10 Description of place, time, matter, act or omission in complaint
(1) A place, time, matter, act or omission mentioned in a complaint must be described with reasonable clarity.
(2) If a time or place cannot be stated precisely in a complaint, it is sufficient to state the time or place as nearly as practicable.
11 Description of money in complaint
11 Description of money in complaint
A description of money in a complaint does not need to include the form of the money.
12 Description of people in complaint
12 Description of people in complaint
(1) A description and designation of the defendant or any other person in a complaint must be sufficient to identify the defendant or other person but does not necessarily have to state his or her correct name, address or occupation.
(2) Despite subrule (1) , if in a complaint it is impracticable to give a description or designation that sufficiently identifies a person who is not the defendant as required by that subrule, it is sufficient –
(a) to give a description or designation that is reasonably practicable; or
(b) to describe that person as a person unknown.
13 Description of document, &., in complaint
13 Description of document, &., in complaint
The description of a seal, die, document or instrument in a complaint –
(a) must describe the seal, die, document or instrument by the name or designation by which it is usually known, or by its subject matter; and
(b) is not to include a copy of the seal, die, document or instrument.
14 Statement of intent in complaint
14 Statement of intent in complaint
If an intent to defraud, deceive or injure is stated in a complaint, it is not necessary to state an intention to defraud, deceive or injure a particular person unless it is an essential ingredient of the offence.
15 Complaint on oath
15 Complaint on oath
(1) A complaint on oath is to be in accordance with Form 2.
(2) A person making a complaint on oath must swear that the contents are true to the best of his or her knowledge and belief.
(3) A complaint used as the basis of a warrant must be on oath.
(4) On receipt of a complaint not made on oath, a justice may require it to be sworn on oath unless an Act provides otherwise.
16 Lengthy complaint
16 Lengthy complaint
A complaint, or a complaint and summons, containing lengthy particulars or other components may be set out on 2 or more sheets of paper which are securely fixed together at the top left-hand corner.
17 Lodgment of complaint
17 Lodgment of complaint
(1) The complainant –
(a) may lodge the complaint with a clerk; and
(b) must lodge the complaint within 7 days after the complaint is made.
(2) If a summons is to be issued on a complaint, the complainant is to provide 3 copies of the complaint and the summons, with one copy to be filed with the clerk, another copy to be served under rule 20 and the remaining copy to be endorsed under rule 21 .
18 Complaint for breach of duty
18 Complaint for breach of duty
A complaint of a breach of duty must –
(a) set out the material facts on which the right to an order arises; and
(b) end with an indication of the order being sought.
Division 2 Summons
Division 2 Summons
19 Form of summons
19 Form of summons
A summons is to be in accordance with Form 3 or Form 4.
20 Service of summons
20 Service of summons
(1) A summons may be served on a person other than a corporation by –
(a) giving it to the person; or
(b) leaving it for the person at his or her last-known, or usual, residential address with another person apparently living at that address who has attained the age of 16 years; or
(c) leaving it for the person at his or her last-known, or usual, place of employment or business with another person apparently employed at that business who has attained the age of 16 years; or
(d) posting it by registered mail to his or her last-known, or usual, residential or postal address, or address of business or employment.
(2) A summons may be served on a corporation by –
(a) delivering it to a director, the secretary, the public officer or another responsible officer of the corporation; or
(b) posting it by registered mail to the registered office or place of business of the corporation.
21 Endorsement of service
21 Endorsement of service
A person serving a summons is to –
(a) endorse on a copy of the summons the date, place and mode of service in accordance with Form 5; and
(b) sign the endorsement on the summons.
22.
[Rule 22 Rescinded by S.R. 2005, No. 38, Applied:18 May 2005]
23 Filing of summons
23 Filing of summons
After a summons is endorsed under rule 21 , copies of the complaint and summons are to be –
(a) lodged in the office of the clerk for the district in which the summons is returnable; and
(b) filed by that clerk.
24 Extension of summons
24 Extension of summons
(1) Before or after the return day of a summons, a justice may extend the return day.
(2) If the return day for a summons has been extended under subrule (1) , the justice who made the extension is to do the following on both the summons and a copy of the summons:
(a) alter the date on which the summons is returnable;
(b) place his or her initials and the date in the margin next to the alteration.
25 Alteration to summons
25 Alteration to summons
(1) An alteration to a summons at the time of its issue is to be initialled by the justice who issues the summons.
(2) A failure to comply with subrule (1) does not invalidate the summons.
26 Notice taken to be summons
26 Notice taken to be summons
A notice issued under these rules of court, including a notice following an adjournment, requiring a defendant to appear at a specified time and place –
(a) is taken to be a summons; and
(b) may include a warning to the defendant that, if he or she does not appear when required by the notice, a warrant may be issued for his or her arrest; and
(c) is to be served in the same manner as a summons unless otherwise provided in these rules.
Part 3 Pleas
Part 3 Pleas
27 Written plea
27 Written plea
A defendant who is charged with an offence specified in Schedule 2 may plead in writing in the manner specified in rule 28 or 29 instead of appearing in person as required by the summons.
28 Written plea of guilty
28 Written plea of guilty
(1) A defendant may plead guilty under rule 27 and so be excused from attending court as required by the summons by –
(a) signing the endorsement on the summons that is headed "PLEA OF GUILTY" in the presence of a justice who attests the defendant's signature; and
(b) lodging the endorsed summons at the office of the clerk not less than 5 days before the time fixed for the hearing.
(2) On receipt of a summons endorsed with a plea of guilty and attested as provided in subrule (1) , the justices may proceed as if the defendant had appeared and pleaded guilty to the complaint.
(3) Despite subrule (1) , if the justices believe that the circumstances of a case warrant it, they may require the appearance of the defendant by issuing a notice to him or her under rule 32 .
29 Written plea of not guilty
29 Written plea of not guilty
(1) A defendant may plead not guilty under rule 27 and so be excused from attending court as required by the summons by –
(a) signing the endorsement on the summons that is headed "PLEA OF NOT GUILTY" in the presence of a justice who attests the defendant's signature; and
(b) lodging the endorsed summons at the office of the clerk not less than 5 days before the time fixed for the hearing.
(2) On receipt of a summons endorsed with a plea of not guilty and attested as provided in subrule (1) , the clerk is to cause notice of a new hearing date to be served on the defendant in accordance with these rules.
30 First appearance of defendant not entitled to written plea
30 First appearance of defendant not entitled to written plea
The first appearance of a defendant who is not entitled under rule 27 to plead in writing, or who has not pleaded in writing, is to take place at the time and place appointed in the summons.
31 Hearing in defendant's absence
31 Hearing in defendant's absence
(1) The justices may proceed to hear the case in the absence of a defendant if –
(a) the defendant does not appear and the justices are satisfied that the defendant has been served with the summons or notice; or
(b) the defendant does not answer to bail.
(2) The justices may hear a case in accordance with subrule (1) whether or not the procedure under rule 32 has been applied.
(3) In hearing a case in the absence of the defendant, the justices may receive the evidence they think fit either orally or by way of affidavit.
32 Non-appearance of defendant
32 Non-appearance of defendant
If a defendant who has not pleaded in writing fails to appear at the time and place appointed in the summons or at an adjourned hearing, the justices may issue –
(a) a notice requiring the defendant's appearance at a time and place specified in the notice; or
(b) a warrant for the defendant's arrest.
Part 4 Simple Offences
Part 4 Simple Offences
33 Application of Part
33 Application of Part
This Part applies in respect of a simple offence.
34 Non-appearance of party
34 Non-appearance of party
(1) If a defendant appears at the time and place appointed in a summons or by virtue of a warrant for his or her arrest and the complainant does not appear, the justices may –
(a) dismiss the complaint; or
(b) adjourn the proceedings and proceed in accordance with section 74B of the Act.
(2) If a defendant does not appear at the time and place appointed in the summons, rules 31 and 32 apply.
(3) If neither party appears at the time and place appointed in the summons, the justices may dismiss the complaint or adjourn the proceedings.
35 Course of hearing
35 Course of hearing
(1) If the defendant pleads not guilty or shows cause, the hearing is to proceed as follows:
(a) before adducing evidence, the complainant may, or must if the justices so require, open the complainant's case;
(b) if the complainant opens his or her case, the defendant, immediately after that opening and before evidence is adduced, may inform the justices of the issues expected to arise for determination by the justices;
(c) before adducing evidence, the defendant may, or must if the justices so require, open the defendant's case;
(d) after hearing any addresses made by the parties for the purpose of opening their case and after hearing the evidence, the justices are to –
(i) convict the defendant; or
(ii) dismiss the complaint; or
(iii) make any other order as m
This is an opening excerpt, not the complete document.
