Crown Proceedings Act 1993

Crown Proceedings Act 1993

This Act may be cited as the Crown Proceedings Act 1993.

This Act commences on a day to be proclaimed.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities, 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.

In this Act, unless the contrary intention appears –

Crown includes a Minister, an instrumentality or agency of the Crown and a prescribed person;

judgment means a judgment or order of a court;

practitioner means an Australian legal practitioner;

proceedings means civil proceedings;

State includes a Territory of the Commonwealth;

State Crown means the Crown in right of this State.

Subject to this Act, any other Act of the State, any relevant rules of court and the Judiciary Act 1903 of the Commonwealth – proceedings may be brought by or against the Crown in the same way as proceedings between subjects; and the same procedural and substantive law applies to proceedings by or against the Crown as in 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 Tasmania"; or 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 an immunity from, or a limitation on, liability that the Crown or an officer, employee or agent of the Crown enjoys by statute.

This Act does not affect the application of section 6 (6) of the Acts Interpretation Act 1931.

The Minister may, by notice in the Gazette, declare a law of another State relating to proceedings against the Crown to be a corresponding law for the purposes of this section.

A declaration under subsection (1) may declare a law as from time to time in force to be a corresponding law.

The corresponding law of each State other than Tasmania binds the State Crown.

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

A mandatory injunction is not to be granted against the Crown.

This Act does not affect any rule of law under which a person may refuse to –

discover or produce documents; or answer an interrogatory or other question –

on the ground that to do so would be prejudicial to the public interest.

The State Crown is not required to pay court fees or charges in proceedings.

Costs to which the State Crown is entitled are to be calculated as if the State Crown were liable to pay, and had paid, the fees and charges from which it is exempt under subsection (1).

A writ, warrant or similar process is not to be issued out of a court to enforce a judgment against the State Crown or the Crown in right of any other State.

If a final judgment is given against the State Crown or the Crown in right of any other State, the court is to transmit a copy of the judgment to the Attorney-General of the relevant State.

If the Attorney-General of this State receives a final judgment from a court of this or any other State, the Attorney-General is to give directions as to the manner in which the judgment is to be satisfied.

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

A direction under this section is sufficient authority for the appropriation of money from the Public Account or from funds of the relevant agency or instrumentality of the Crown.