Local Court Act 2007

Offence A person is guilty of an offence against this section if—

the person is an accused person or defendant in, or a party to, proceedings before the Court or has been called to give evidence in proceedings before the Court, and

the person intentionally engages in behaviour in the Court during the proceedings, and

that behaviour is disrespectful to the Court or the Judge presiding over the proceedings (according to established court practice and convention).

In this section, behaviour includes any act or failure to act.

This section does not apply to the following persons—

an Australian legal practitioner appearing in that capacity,

a police prosecutor or other public official responsible for the conduct of the prosecution, but only when acting in that capacity.

Proceedings for offences Proceedings against a person for an offence against this section are to be dealt with summarily before—

if the person is a child—the Children’s Court, or

if the person is not a child—the Local Court.

Proceedings for an offence against this section may be brought at any time within 12 months after the date of the alleged offence.

Proceedings for an offence against this section may be brought only by a person or a member of a class of persons authorised, in writing, by the Secretary of the Department of Justice for that purpose.

A Judge may refer any disrespectful behaviour in proceedings over which the Judge is presiding to the Attorney General.

Proceedings for an offence against this section may be commenced only with the authorisation of the Attorney General. Authorisation may be given by the Attorney General whether or not the disrespectful behaviour is referred to the Attorney General by a Judge under this section.

Evidence An official transcript or official audio or video recording of the proceedings in the Court is admissible in evidence in proceedings for an offence against this section and is evidence of the matter included in the transcript or audio or video recording.

The Judge presiding over the proceedings in which the alleged disrespectful behaviour occurred cannot be required to give evidence in proceedings before any court for an offence against this section.

Contempt and double jeopardy This section does not affect any power with respect to contempt or the exercise of any such power.

A person cannot be prosecuted for an offence against this section and proceeded against for contempt in respect of essentially the same behaviour. However, nothing in this section prevents proceedings for contempt in respect of behaviour that constitutes an offence against this section.