The Act's reach is broad. Every individual charged with a simple offence or summarily triable indictable offence is directly subject to the Court's criminal jurisdiction (s 11(2)(a)–(b)). Every civil litigant whose claim falls within the monetary or subject-matter limits set by the Magistrates Court (Civil Proceedings) Act 2004 is likewise affected. Self-represented parties receive mandatory procedural warnings under s 30. Witnesses who ignore summonses or refuse to produce documents commit contempt (s 15(2)). Persons who interrupt proceedings, insult the bench, or disobey non-monetary orders face sanctions up to 12 months imprisonment (s 15(1), (3); s 16(4)).

Magistrates themselves are heavily regulated. Clause 2 of Schedule 1 requires at least five years' legal experience (defined to include practice or judicial service in a common-law jurisdiction) and an age under 70. Appointment, conditions of service, prohibition on outside legal practice without Governor's permission, and the detailed disciplinary ladder from suspension for illness (cl 13) or substandard performance (cl 14) to parliamentary removal (cl 15) govern their professional lives. The Chief Magistrate additionally exercises statutory administrative powers that bind all magistrates (ss 24–25, 27). Registrars and deputy registrars appointed under s 26 (including police officers appointed contemporaneously) exercise delegated judicial functions (s 28) and are protected by the same immunity as magistrates when so acting (s 37(1)(c)). JPs may constitute the Court in prescribed circumstances (s 7(2)) but cannot exercise jurisdiction under the Criminal Law (Mental Impairment) Act 2023 (s 11A(1)).

Police officers are bound to obey warrants and orders (s 32(2)) and may themselves be appointed as deputy registrars (s 26(5)). A long list of criminal-justice agencies enjoy statutory rights to inspect Court records without leave (s 33(7)): Commissioner of Police, Director of Public Prosecutions, Corruption and Crime Commission, Chief Assessor of Criminal Injuries Compensation, Parliamentary Commissioner, CEO under the Road Traffic (Administration) Act 2008, and prescribed persons. Any other member of the public may apply for leave under s 33(8).

The Supreme Court retains supervisory jurisdiction under s 36 but is expressly precluded from issuing prerogative writs to Court officers (s 35). Legal practitioners appearing in the Court benefit from the simplified reasons requirement in s 31(2) (brevity not appealable per se) and from the evidentiary presumptions in s 34. Finally, the Act reaches beyond Western Australia: registries and sittings outside the State are permitted with Chief Magistrate approval and host-jurisdiction consent (s 8), contempt committed outside the State is cognisable (s 15(4)), and cross-border modifications apply pursuant to the Cross-border Justice Act 2008 (endnote 1M).

Key duties include the Court's obligation under s 13 to decide all questions of fact and law, to apply Supreme Court evidentiary rules (s 14), and to inform self-represented parties of the Browne v Dunn obligation before cross-examination (s 30). Registrars must refuse apparently abusive process documents unless a magistrate grants leave (s 17(2)). The Chief Magistrate must direct professional development (s 24(4)) and may issue administrative directions that bind all magistrates and delegated registrars (s 27(3)), though such directions cannot impair judicial independence (s 27(2)). Magistrates must comply with case-assignment directions (s 25(3)), though breach is not criminal.

Rights are equally explicit. Parties enjoy inspection and copying rights over lodged documents, admitted evidence, transcripts, judgments and orders (s 33(3)). Criminal-justice agencies listed in s 33(7) have near-absolute inspection rights. Any person may seek leave to inspect, view or listen to Court-held information; leave must be granted unless the Court has "good reason" not to (s 33(8)). Magistrates, JPs and delegated registrars enjoy the same protection and immunity as a Supreme Court judge (s 37(1)). Good-faith warrant executors and the Crown are immune from tort liability (s 37(2)–(3)). A person facing contempt may apologise and obtain variation or cancellation of penalty with possible refund of fines already paid (s 16(6)). An acting magistrate whose appointment expires mid-case is deemed re-appointed until the case is finished (Sch 1 cl 9(10)). Magistrates may concurrently hold other public offices with Governor's approval (s 6(3)), and service as a magistrate counts as legal practice for admission purposes (Sch 1 cl 16).

The principal sanction is contempt. Section 16(4) sets a maximum penalty of $12,000 fine or 12 months imprisonment or both. Imprisonment in default of immediate payment is permitted but capped at the shorter of 12 months or time until payment (s 16(5)). The Court may vary or cancel a contempt order upon apology and order repayment of fines (s 16(6)). Non-compliance with the underlying obligation survives punishment (s 16(7)).

Registrar refusal of process under s 17 is not itself a penalty but forces an ex-parte application to a magistrate. Breach of a Chief Magistrate direction under s 25(3) or administrative direction under s 27(3) is not an offence, yet may found a "proper reason" for suspension under Sch 1 cl 14(1)(c). Removal from office requires an address of both Houses of Parliament (Sch 1 cl 15). Suspension for illness or substandard performance triggers detailed inquiry processes (Sch 1 cll 13–14) but does not automatically terminate remuneration (cl 13(2), cl 14(4), cl 14(8)).

Fees prescribed under s 42 are enforceable as debts to the Consolidated Account. Police disobedience to warrants is disciplined under the Police Act 1892 s 23 rather than as contempt (s 32(3)).

The Act is deliberately framework legislation. Section 9 states that jurisdiction is "conferred by this Act and by other written laws". Civil jurisdiction is wholly delegated to the Magistrates Court (Civil Proceedings) Act 2004 (s 10). Criminal jurisdiction is "subject to" The Criminal Code, the Criminal Procedure Act 2004, the Children’s Court of Western Australia Act 1988 Part 3 and any other summary-jurisdiction statute (s 11(3)–(3a)). Section 11A carves out Criminal Law (Mental Impairment) Act 2023 jurisdiction when the Court is constituted only by JPs and requires referral of unfitness questions to a magistrate.

Electronic filing is governed by the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 (s 4A). Cross-border sittings are constrained by s 8(2) and the Cross-border Justice Act 2008 modifications (endnote 1M). Rules of court made under s 39 cannot be inconsistent with this Act, the Criminal Procedure Act 2004, the Magistrates Court (Civil Proceedings) Act 2004 or any other procedural statute (s 40(3)). Supreme Court review under s 36 interacts with appeal rights under the Criminal Appeals Act 2004 and the Magistrates Court (Civil Proceedings) Act 2004; the Supreme Court may convert a review application into an appeal or remit to the District Court.

Immunity under s 37 supplements but does not replace common-law judicial immunity. Record-access rights in s 33 are "subject to any other written law that relates to the possession or publication of documents" (s 33(2)). Presumptions in s 34 operate "in the absence of proof to the contrary". Salaries are fixed under the Salaries and Allowances Act 1975 (Sch 1 cl 5(2)). Public Sector Management Act appointments govern most registrars (s 26(3)–(4)).

The compilation table records amendments up to the Criminal Law (Mental Impairment) Act 2023 Pt 15 Div 19 (commenced 1 Sep 2024). Section 11A was inserted to prevent JPs from exercising mental-impairment jurisdiction and to require referral of unfitness questions to a magistrate (subject to s 31 of that Act). This change reflects legislative recognition that complex psychiatric assessments exceed the ordinary training of JPs.

The Courts Legislation Amendment (Magistrates) Act 2022 amended Sch 1 cl 12 to clarify that resignation from one of dual magistrate/Children's Court appointments operates as resignation from both, with transitional deeming rules. It also adjusted references to the Chief Judge of the Family Court.

The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 inserted s 4A to import electronic lodgment and service rules. Amendments in 2008 (Cross-border Justice Act) added extra-territorial registry and sitting powers (s 8) and modified s 6 and Sch 1 for cross-border magistrates.

These changes respond to three pressures: modernisation of court processes, recognition of specialist expertise needs in mental-health matters, and the practicalities of serving remote and interstate communities under cooperative justice schemes. None altered the core jurisdictional architecture but each expanded procedural and administrative flexibility.

Because s 35 bars prerogative writs and s 36 substitutes a statutory review order procedure, most challenges to Magistrates Court decisions proceed either by appeal under the Criminal Appeals Act 2004 or the Magistrates Court (Civil Proceedings) Act 2004 or by s 36 review. The Supreme Court has on occasion emphasised that the s 36 jurisdiction is not to be used as a de facto appeal where a statutory appeal lies (The State of Western Australia v Tovey [2012] WASC 97 illustrates the conversion power in s 36(5)). Contempt proceedings have generated appellate scrutiny, particularly the distinction between "in the face of the Court" contempt (immediate arrest power) and contempt by non-compliance with orders where another enforcement regime exists (s 15(3) excludes such cases from the contempt net).

The immunity provisions in s 37 have been invoked to strike out tort claims against magistrates for acts performed in their judicial capacity. The requirement in Sch 1 cl 14 that the Chief Justice (or nominee) inquire into allegations of substandard performance before suspension has produced procedural litigation about natural justice and the scope of "misbehaviour". Dual appointments to the Magistrates Court and Children's Court generated controversy resolved by the 2022 amendments clarifying that resignation from one operates as resignation from both.

No High Court constitutional challenge has directly impugned the Act, but its status as a "court" for Chapter III purposes has been assumed in federal jurisdiction cases where the Magistrates Court exercises cross-vested authority.

Most practitioners miss that s 11A(2) mandates automatic referral of unfitness-to-stand-trial questions to a magistrate whenever the Court is constituted only by JPs; failure to recognise this can produce jurisdictional error. Section 15(3) is a trap: if another written law already provides an enforcement mechanism for a non-monetary order, the disobedience cannot be treated as contempt; many lawyers erroneously assume all breaches are contemptuous.

The s 33(8) "shall give leave unless good reason not to" language creates a presumptive right of access that is wider than many assume; courts have been criticised for imposing overly restrictive conditions. Registrars' power under s 17 to refuse process is final unless a magistrate grants leave; the ex-parte nature of the leave application means tactical use of this provision can ambush opponents. Acting magistrates under Sch 1 cl 9(10) continue in office after formal expiry if a case is part-heard; failure to appreciate this can lead to arguments about constitution of the Court.

The interplay between s 36 review orders and statutory appeal rights frequently catches parties who commence review when an appeal would be simpler; the Supreme Court may convert but is not obliged to do so. Finally, the contempt apology power in s 16(6) is under-utilised; an early, fulsome apology can produce complete cancellation of penalty and refund of fines already paid—an outcome not available in most other jurisdictions.

Practitioners should maintain a checklist: confirm constitution under s 7 (one magistrate default; JPs only in prescribed cases and never for mental-impairment matters under s 11A); ensure any document lodged is not frivolous (s 17); advise self-represented opponents of the s 30 warning before cross-examination; obtain express leave before seeking non-party access to records (s 33(8)); and diarise 21-day registrar appeal deadlines (s 29(2)).

Magistrates must comply with Chief Magistrate directions (s 25(3)) and administrative directions (s 27(3)) even though breach is not criminal; persistent non-compliance can found suspension under Sch 1 cl 14(1)(c). Court staff must administer oaths only when authorised (s 18) and must certify copies accurately to attract the s 34 presumptions.

Solicitors should lodge all applications for correction of errors (s 23), cancellation of process (s 21) or entry and inspection orders (s 22) in accordance with rules of court. When dealing with alleged contempt, distinguish "in the face" from other contempt and ensure any non-monetary order sought does not duplicate an existing statutory enforcement regime (s 15(3)). For record access, identify whether the applicant falls within the s 33(7) list (no leave required) or requires leave under s 33(8). Finally, when drafting affidavits or judgments, remember that s 19 permits admission of affidavits subject to contrary rules, and s 31 permits economical reasons that do not canvass every argument.

Compliance is best achieved by treating the Act as a procedural constitution rather than a mere enabling statute: every power exercised, every document refused, every record released, and every direction given must be traceable to a specific section or to the rules validly made under s 39.