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These Regulations may be cited as the Local Court
Regulations 2016.
These Regulations commence on the commencement of the Local Court
Act 2015.
(1) For section 6(4) of the Act, the Court may be constituted by 2 or more JPs for the purpose of exercising the Court's criminal jurisdiction as mentioned in subregulations (2) and (3).
(2) In proceedings relating to a charge of a summary offence, the Court constituted by 2 or more JPs may do either or both of the following:
anything preliminary to the hearing of the charge;
(b) if there is no Judge available to constitute the Court to hear and determine the charge without the proceedings being unreasonably delayed – hear and determine the charge.
(3) In proceedings relating to a charge of an indictable offence that is to be heard and determined summarily, the Court constituted by 2 or more JPs:
may do anything preliminary to the hearing of the charge; but
cannot hear and determine the charge.
(1) If the Court is constituted by 2 or more JPs, both or all of them must be present and acting together.
(2) If the Court is constituted by 2 JPs, the decision of the Court is:
the unanimous decision of both of them; or
(b) if they cannot agree – the decision of the one who was first appointed as a JP.
(3) If the Court is constituted by more than 2 JPs, the decision of the Court is:
the unanimous decision of all of them; or
the decision of a majority of them; or
(c) if there is an equality of votes – the decision of the one who was first appointed as a JP.
(1) For section 6(4) of the Act, the Court may be constituted by one JP for the purpose of exercising the Court's criminal jurisdiction as mentioned in subregulation (2).
(2) In proceedings relating to a charge of a summary offence, the Court constituted by one JP may do either or both of the following:
anything preliminary to the hearing of the charge;
(b) if the criteria mentioned in subregulation (3) are satisfied – hear and determine the charge.
The criteria for subregulation (2)(b) are that:
(a) the offence is an offence against a law in force in the Territory; and
the offence is not punishable by a term of imprisonment; and
(c) the maximum fine that may be imposed on an individual for the offence is not more than 10 penalty units; and
(d) the parties have given written consent to the charge being heard and determined by the Court constituted by one JP.
The Court may be constituted by one JP for the purposes of performing the Court's functions under the Bail Act 1982 (except as otherwise provided in that Act).
(1) The Schedule prescribes the fees payable in relation to proceedings and for other matters listed in the Schedule.
(2) The fees are specified in revenue units unless otherwise indicated.
The fees are payable:
to the Court unless otherwise specified; and
at the time specified in the Schedule.
This regulation is subject to regulations 8 to 12.
No fees are payable in relation to proceedings under the Domestic and Family Violence Act 2007 or the Personal Violence
Restraining Orders Act 2016.
This regulation applies in relation to a person acting in civil proceedings for or by the authority of the Territory.
The person is exempt from payment of the fees specified in the
Schedule, items 1 and 2.
The person is entitled to recover an amount equal to the fee that would otherwise have been payable as part of a judgment debt as if it were a cost incurred.
On recovery of the judgement debt, the person must pay an amount equal to the fee to the Court.
This regulation applies in relation to the parties to civil proceedings.
The parties are exempt from payment of the fees specified in the
Schedule, item 4.
(1) This regulation applies where criminal proceedings are commenced under the Act by:
a police officer in the officer's capacity as an officer; or
(b) in relation to legislation that is administered by an Agency within the meaning of the Public Sector Employment and Management Act 1993:
an employee, as defined in that Act; or
a Chief Executive Officer, as defined in that Act.
(2) The officer, employee or Chief Executive Officer is exempt from payment of the fees specified in the Schedule, item 8, 9, 10, 11 and 13, unless otherwise ordered by the Court.
A registrar may waive payment of all or part of any of the following fees, subject to any written directions given by the principal registrar, if satisfied that payment of the fee would cause financial hardship to the person otherwise required to pay it:
a fee specified in the Schedule, item 1,
2, 3, or 4;
(b) a fee specified in the Schedule, item 8, that is prescribed for filing a complaint, information or application.