1Short title
This Act may be cited as the Local Court Act 2015.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Local Court Act 2015.
This Act commences on the day fixed by the Administrator by Gazette notice.
In this Act:
Act includes a Commonwealth Act.
acting Judge means an acting Judge as mentioned in section 60(1).
bailiff means a bailiff of the Court as mentioned in section 76(1).
Chief Judge means the Chief Judge of the Local Court as mentioned in section 50(1)(a).
civil jurisdiction, of the Court, means the jurisdiction of the Court under Part 3, Division 2.
civil proceedings means proceedings in the Court exercising its civil jurisdiction.
claim includes a cause of action.
Court means the Local Court established by Part 2.
courtroom means a room or other place where the Court is sitting or where a person who is participating in proceedings is located.
criminal jurisdiction, of the Court, means the jurisdiction of the Court under Part 3, Division 3.
criminal proceedings means proceedings in the Court exercising its criminal jurisdiction.
deal with, in relation to proceedings, includes to hear and determine.
Deputy Chief Judge means a Deputy Chief Judge of the
Local Court as mentioned in section 50(1)(b).
JP means a justice of the peace appointed under section
5 of the Justices of the Peace Act 1991.
Note for definition JP
JP does not include a
Judge, registrar or other person who is a justice of the peace by reason of holding an office mentioned in Schedule 1 to the Justices of the Peace Act 1991.
Judge means a Judge of the Local Court under section 50(1)(c) or (2) (being the Chief Judge and any
Deputy Chief Judge).
judicial registrar means a judicial registrar as mentioned in section 68(1).
jurisdictional limit, see section 12.
principal registrar means the principal registrar of the Court as mentioned in section 71(1)(a).
process includes any process by which proceedings are commenced or enforced, a summons and a warrant.
registrar means a registrar of the Court as mentioned in section 71(1)(b) or (2) (being any judicial registrar and the principal registrar).
Rules means rules of court made under section 48.
Tribunal means the Civil and Administrative Tribunal.
Note for section 3
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
A court called the Local Court of the Northern Territory is established.
The Court is a court of record.
(2) When exercising its civil jurisdiction, the Court is a court of law and equity.
(3) When exercising its criminal jurisdiction, the Court is a court of summary jurisdiction.
(1) Subject to this section, the Court is to be constituted by a Judge.
(2) The Court may be constituted by a judicial registrar for the purpose of dealing with civil proceedings.
However, the Court constituted by a judicial registrar cannot:
hear and determine a claim; or
conduct the hearing of an appeal.
(4) The Court may be constituted by 2 or more JPs, or by one JP, for a purpose prescribed by regulation.
(5) Despite subsections (2) to (4), the Court must be constituted by a Judge for any of the following:
(a) to hear and determine a charge of an indictable offence summarily under section 18(1)(a)(ii);
(b) to deal with proceedings that another Act provides must be dealt with by the Court constituted by a Judge.
(1) In particular proceedings, the Court need not be constituted by the same person or persons for the whole of the proceedings, until the taking of evidence commences.
Example for subsection (1)
In criminal proceedings, a person who is arrested may initially be brought before the Court constituted by Judge A. When the person appears to plead the Court may be constituted by Judge B. An application under section 105G of the Local Court (Criminal Procedure) Act 1928 for leave to cross‑examine a witness may be dealt with by Judge C. The preliminary examination may then be conducted by the Court constituted by Judge D. However, under subsection (2), Judge D must then complete the proceedings.
(2) Once the taking of evidence commences, the Court must be constituted by the same person or persons until the proceedings are determined.
(3) However, if the defendant in criminal proceedings pleads guilty and the proceedings are adjourned before the making of sentencing submissions commences, after that adjournment:
(a) the Court need not be constituted by the same person or persons as when the plea was entered; but
(b) the Court must then be constituted by the same person or persons until the proceedings are determined.
Example for subsection (3)
Criminal proceedings may be adjourned after a defendant pleads guilty if a pre‑sentence report is required. If the adjournment occurs before sentencing submissions commence, when the defendant re-appears for sentencing, the Court may be constituted by a different Judge from the one who constituted the Court when the plea was taken.
Further, if:
after the taking of evidence commences; or
after the making of sentencing submissions commences;
the person or one of the persons who constitutes the Court is unable to continue, the Court constituted by a different person or persons may continue to deal with the proceedings.
(5) The question whether a person is unable to continue is decided by the Chief Judge and the Chief Judge's decision is not liable to be challenged on any ground.
(6) In this section, a person is unable to continue if the person:
dies; or
(b) vacates office and is unable to finish dealing with the proceedings under section 58(2) or 64(2); or
(c) is, by reason of illness, injury or other cause, unable to continue dealing with the proceedings without unreasonable delay.
In the exercise of the Court's judicial functions the person or persons who constitute the Court are not subject to the direction or control of any person.
The Court has:
the civil jurisdiction set out in Division 2; and
the criminal jurisdiction set out in Division 3.
The Court may exercise more than one aspect of its jurisdiction, whether conferred by this or another Act, in one sitting without adjourning or interrupting the sitting.
The conferral of jurisdiction on the Local Court by this or another
Act does not limit the jurisdiction of the Supreme Court.
The jurisdictional limit for the Court's civil jurisdiction is $250 000.
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