District Court Act 1991

This Act may be cited as the District Court

Act 1991.

In this Act, unless the contrary intention appears—

action means any civil or criminal proceedings in the Court, including proceedings for a contempt of the Court;

Associate Judge means an Associate Judge of the

District Court;

Chief Judge means the Chief Judge of the

Court;

Court or District Court means the District Court of South Australia;

District Court Judge or Judge means any Judge of the Court (including the Chief Judge);

evidentiary material means any document, object or substance of evidentiary value in proceedings before the Court and includes any document, object or substance that should, in the opinion of the Court, be produced for the purpose of enabling the Court to determine whether or not it has evidentiary value;

judgment means a judgment, order or decision and includes an interlocutory judgment or order;

judicial office means the office of Judge,

Associate Judge or Judicial Registrar;

Judicial Registrar means a District Court

Judicial Registrar;

Master means a District Court

Master;

Registrar means the Registrar, or any Deputy

Registrar of the Court, but does not include a Judicial

Registrar;

rules means the rules of the Court in force under this Act.

Subject to the rules of the Court, a reference in any Act or legislative instrument to a Master is taken to be a reference to an Associate

Judge.

The District Court of South Australia is established.

The Court is a Court of record.

The Court will have such seals as are necessary for the transaction of its business.

A document apparently sealed with a seal of the Court will, in the absence of evidence to the contrary, be taken to have been duly issued under the authority of the Court.

The Court is divided into the following Divisions:

the Civil Division;

the Criminal Division;

the Criminal Injuries Division;

the Administrative and Disciplinary Division.

The Court has the same civil jurisdiction (both at law and in equity) as the Supreme Court at first instance subject, however to the following qualifications:

the Court has no jurisdiction in probate or admiralty;

the Court has no supervisory jurisdiction except as expressly conferred by statute with respect to inferior courts or tribunals, or with respect to administrative acts, and has no jurisdiction to grant relief in the nature of a prerogative writ.

The Court, in its Criminal Injuries Division, has the jurisdiction conferred on it by the Victims of Crime

Act 2001 or a corresponding previous law.

The Court, in its Administrative and Disciplinary Division, has the jurisdiction conferred by statute.

The Court has any other civil jurisdiction conferred by statute.

All proceedings before the Court, other than in its Criminal

Division, are to be regarded as civil proceedings for the purposes of this Act or any other Act or law.

Subsection (5) does not affect any special rule as to the conduct of proceedings for a contempt of the

Court.

The Court has jurisdiction to try a charge of any offence except treason or murder, or a conspiracy or attempt to commit, or assault with intent to commit, either of those offences.

The Court has jurisdiction to convict and sentence, or to sentence, a person found guilty on trial, or on his or her own admission, of such an offence.

The Court's jurisdiction to try, convict or sentence for a summary offence exists only where the offence is charged in the same information as an indictable offence.

The Court has any other criminal jurisdiction conferred by statute.

The Court's judiciary consists of—

the Chief Judge; and

the other Judges; and

the Associate Judges; and

the Judicial Registrars.

An Associate Judge is, while holding that office, also a

Magistrate.

The Chief Judge is the principal judicial officer of the

Court.

The Chief Judge is responsible for the administration of the

Court.

If—

the Chief Judge is absent or, for any reason, is unable for the time being to carry out the duties of the office; or

the office of the Chief Judge becomes vacant, the Governor may appoint a Judge to be Acting Chief Judge until—

the Chief Judge returns to official duties; or

a person is appointed to the office of the Chief

Judge, as the case requires.

Any power or duty attached to the office of the Chief Judge by or under this or any other Act—

on the appointment of a Judge to be Acting Chief

Judge—devolves on the Judge so appointed; or

if no such appointment is made—devolves (during the absence or inability of the Chief Judge, or until the vacancy is filled) on the most senior of the other Judges available to undertake those responsibilities.

The Chief Judge is—

a Judge of the Supreme Court assigned by the Governor, by proclamation, to be the Chief Judge; or

a legal practitioner of at least 10 years standing or a District Court Judge appointed by the Governor as the Chief Judge.

Before the Governor assigns a Judge of the Supreme Court to be the Chief Judge, the Attorney‑General must consult with the Chief Justice of the Supreme Court about the proposed assignment.

A Judge of the Supreme Court assigned to be the Chief Judge ceases to be the Chief Judge if the person ceases to be a Judge of the Supreme Court.

The remuneration and conditions of service of a Judge of the Supreme Court assigned to be the Chief Judge will be the same as if he or she had not been so assigned and his or her service as the Chief Judge will be regarded as if it were service as a Judge of the Supreme Court.

A person appointed as Chief Judge under subsection (1)(b) will be taken to have been appointed as a Judge of the District Court (if he or she is not already a Judge of the District Court) and as a Judge of the Supreme Court of South Australia.

The Chief Judge may not perform the duties, or exercise the powers, of a Judge of the Supreme Court unless the Chief Justice of the Supreme Court, with the consent of the Chief Judge, assigns the Chief Judge to perform the duties and exercise the powers of a Judge of the Supreme Court for a period determined by the Chief Justice.

The Chief Judge must, as soon as is reasonably practicable after consenting to an assignment under subsection (6), notify the Attorney‑General that he or she has so consented and the Attorney‑General must, as soon as is reasonably practicable after receiving such notification, publish in the Gazette a notice setting out—

the fact that the Chief Judge has consented to an assignment under subsection (6); and

the period of the assignment.

The office of Judge of the Supreme Court is the primary judicial office of the Chief Judge and—

the remuneration and conditions of service of the Chief Judge will be the same as if he or she held a single appointment as a Judge of the Supreme Court; and

service as the Chief Judge will be regarded as if it were service as a Judge of the Supreme Court.

Subject to subsection (10), the retirement, resignation or removal from office of a person appointed as the Chief Judge under subsection (1)(b) is governed by the law applicable to the retirement, resignation or removal from office of a Judge of the Supreme Court and the Chief Judge will, until retirement, resignation or removal from office (or earlier death), continue to hold both of those appointments.

A person appointed as the Chief Judge under subsection (1)(b)—

may not, except with the approval of the Governor, resign from the office of the Chief Judge and the office of Judge of the District Court, without also resigning from the office of Judge of the Supreme Court; but

may resign from the office of the Chief Judge and the office of Judge of the Supreme Court without simultaneously resigning from the office of Judge of the District Court, and a resignation under paragraph (a) or (b) will not give rise to any right to pension, retirement leave or other similar benefit.

The Governor may, by proclamation, made at the request or with the consent of a Judge of the Supreme Court assigned to be the Chief Judge under subsection (1)(a), revoke the assignment of that Judge under this section.