Crown Proceedings Act 1992

This Act may be cited as the Crown Proceedings Act 1992.

In this Act, unless the contrary intention appears—

corresponding law means a law of another State relating to proceedings against the Crown declared by the regulations to be a law corresponding to this Act;

Crown includes—

a Minister, instrumentality or agency of the Crown;

a body or person declared by the regulations to be an instrumentality or agency of the Crown for the purposes of this Act;

judgment means any judgment or order of a court;

proceedings means civil proceedings;

State includes a Territory of the Commonwealth;

State Crown means the Crown in right of this State.

This Act extends not only to the Crown in right of the State but also (as far as the legislative power of the State admits) to the Crown in any other capacity but does not extend to the Crown in right of the Commonwealth except where specific provision is made for its application to the Crown in right of the Commonwealth.1

Note—

1 Specific provision is made in section 9 for representation of the Crown in right of the Commonwealth in State proceedings.

Subject to this Act and any other Act of the State, the Judiciary Act 1903 of the Commonwealth, and any relevant rules of court—

proceedings may be brought and conducted by or against the Crown in the same way as proceedings between subjects; and

the same substantive law is to be applied in such proceedings as in the case of proceedings between subjects.

Subject to the regulations, proceedings may be brought by or against the Crown—

in the case of the State Crown—under the name "The State of South Australia";

in any other case—under the name in which the Crown could sue or be sued in the courts of its own jurisdiction.

This Act does not affect any immunity from, or limitation on, liability that the Crown enjoys by statute.

This Act does not make binding on the Crown any Act or statutory provision that would not, apart from this Act, be binding on the Crown.

Subject to subsection (2), injunctive relief may be granted against the Crown.

A mandatory injunction cannot be granted against the Crown.

This Act does not affect any rule of law under which the Crown or an officer or employee of the Crown may refuse to discover or produce documents, or to answer an interrogatory or other question, on the ground that to do so would be prejudicial to the public interest.

The Attorney-General may represent the Crown in any action, proceeding or matter (whether civil or criminal) in which the Crown is a party.

The Attorney-General may intervene, on behalf of the Crown, in any proceedings—

in which the interpretation or validity of a law of the State or Commonwealth is in question; or

in which—

legislative or executive powers of the State or Commonwealth, or of an instrumentality or agency of the State or Commonwealth are in question; or

judicial powers of a court or tribunal established under the law of the State or Commonwealth are in question; or

in which the Court grants permission to intervene on the ground that the proceedings raise issues of public importance, for the purpose of submitting argument on issues of public importance.

The Attorney-General has the same right of appeal in proceedings in which he or she intervenes under subsection (2) as a party to those proceedings.

Where the Attorney-General intervenes in proceedings under this section, and there are in the opinion of the court special reasons for making an order under this subsection, the court may make an order for costs against the Crown to reimburse the parties to the proceedings for costs occasioned by the intervention.

In this section references to the Attorney-General extend not only to the Attorney-General for this State but also to the Attorney-General for any other State or the Commonwealth and references to the Crown have a correspondingly extended meaning.

No writ, warrant or similar process may be issued out of any court to enforce a judgment against the Crown.

Where a final judgment is given against the Crown in right of this State or any other State, the court must transmit a copy of the judgment to the Governor of the relevant State.

Where the Governor of this State receives a final judgment from a court of this or any other State, the Governor will give directions as to the manner in which the judgment is to be satisfied.

Any Minister, agency or instrumentality of the State Crown to which a direction is given under subsection (3) is authorised and required to carry out the direction.

A direction under this section is sufficient authority for the appropriation of money from the General Revenue of the State or from the funds of any agency or instrumentality of the Crown.

In this section—

Governor includes—

in relation to the Australian Capital Territory—the Chief Minister;

in relation to the Northern Territory—the Administrator.

Subject to this Act, and any relevant rules of court, a judgment recovered by the Crown may be enforced in the same manner as a judgment in proceedings between subjects, and not in any other way.

The State Crown is, in relation to its activities in another State, bound by a corresponding law of that other State to the same extent as the Crown in right of that other State.

Where any proceedings are brought against the State Crown, a statement must be endorsed on, or annexed to, the process by which the proceedings are commenced, containing the prescribed information.

A failure to comply with subsection (1) does not render proceedings void unless the court is of the opinion that the State Crown has been prejudiced by that failure.

Service on the State Crown of any process or document relating to proceedings must be effected by service on the Crown Solicitor except in the following cases:

if special provision relevant to service of the process or document is made by or under this Act, service must be effected in accordance with that special provision;

if the party by whom or on whose behalf the process or document is to be served has notice that some solicitor other than the Crown Solicitor is acting for the Crown in relation to the proceedings, service must be effected on that other solicitor.

No subpoena or other process may be issued by a court, tribunal or other authority requiring a Minister of the Crown to appear, in the Minister's official capacity, to give evidence, or to produce documents, in proceedings without the permission of the court, tribunal or other authority.

Permission may be granted only after the Crown Solicitor has been given reasonable notice in writing of the application for the subpoena or other process and a reasonable opportunity to be heard on the application.

A court, tribunal or other authority that grants permission must, at the same time, give directions as to the manner in which the Minister is to be served.