Local Court Act 2007

This Act is the Local Court Act 2007.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

acting Judge means a person appointed under this Act to act as a Judge.

Assessor means a person appointed under section 17 (1) to be an Assessor of the Local Court.

Chief Judge means the person appointed under this Act to be the Chief Judge of the Local Court.

civil jurisdiction, in relation to the Local Court, means the jurisdiction referred to in section 9 (a).

Court means the Local Court constituted by section 7 (1).

criminal jurisdiction, in relation to the Local Court, means the jurisdiction referred to in section 9 (c).

criminal proceedings means proceedings against a person for an offence (whether summary or indictable), and includes the following—

committal proceedings,

proceedings relating to bail,

proceedings relating to sentence,

proceedings for the review of a conviction or sentence under the Crimes (Appeal and Review) Act 2001,

but does not include the following—

proceedings on an application for an order under the Crimes (Forensic Procedures) Act 2000,

proceedings on an application for an order, or an application to vary or revoke any such order, under the Child Protection (Offenders Prohibition Orders) Act 2004,

proceedings on an application for an order under Part 16A of the Law Enforcement (Powers and Responsibilities) Act 2002,

applications for an order under section 3E or 3F of the Child Protection (Offenders Registration) Act 2000,

proceedings on an appeal against an order under section 282I of the Fisheries Management Act 1994.

Deputy Chief Judge means a person appointed under this Act to be a Deputy Chief Judge of the Local Court.

designated place means a place at which sittings of the Local Court are to be held in accordance with section 22 (1).

exercise a function includes perform a duty.

function includes power, authority and duty.

government sector has the same meaning as it has in the Government Sector Employment Act 2013.

Judge means a person appointed under this Act to be a Judge of the Local Court.

mandatory judicial retirement age means the maximum age at which a Judge is required by law to retire.

part-time Judge means a person—

who is appointed to hold the office of Judge on a part-time basis, or

who exercises the functions of the office of Judge on a part-time basis, as provided by an agreement referred to in clause 1 (2) of Schedule 1.

(Repealed)

practice note means a practice note issued under section 27.

Rule Committee means the Local Court Rule Committee established under section 25.

rules means the rules made under section 26.

special jurisdiction, in relation to the Local Court, means the jurisdiction referred to in section 9 (b).

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

Note.

In the notes to this Act, LCA 1982 means the Local Courts Act 1982, CPA means the Civil Procedure Act 2005 and DCA means the District Court Act 1973.

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

The Local Courts Act 1982 is repealed.

Schedule 4 has effect.

The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.

A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

There is constituted by this Act a court of record to be known as the Local Court of New South Wales.

There is to be a seal of the Court and any document that is required by or under this Act or any other Act or law to be sealed or stamped with the seal of the Court is to be so sealed or stamped.

Except as may be otherwise provided by or under this Act or any other Act or law, all proceedings in the Court, including all business arising out of any such proceedings, are to be heard and determined by a Judge, who is to constitute the Court.

The Court has—

a civil jurisdiction consisting of the jurisdiction conferred on it by Part 3, and

a special jurisdiction consisting of the jurisdiction conferred on it by or under any other Act or law with respect to proceedings to which Part 4 applies, and

a criminal jurisdiction consisting of the jurisdiction conferred on it by or under any other Act or law with respect to criminal proceedings.

For the purpose of exercising its civil jurisdiction, the Court is divided into—

the General Division, and

the Small Claims Division.

The Court, wherever sitting, has jurisdiction throughout the whole of New South Wales.

The Court is to be composed of a Chief Judge appointed by the Governor and such other Judges as the Governor may from time to time appoint.