New South Wales Consolidated Acts

LOCAL COURT ACT 2007 - SECT 3

3 Definitions

(1) In this Act:

"acting Magistrate" means a person appointed under section 16 to be an acting Magistrate of the Local Court.

"Assessor" means a person appointed under section 17 (1) to be an Assessor of the Local Court.

"Chief Magistrate" means the person appointed under section 14 (1) to be the Chief Magistrate of the Local Court.

"civil jurisdiction" , in relation to the Local Court, means the jurisdiction referred to in section 9 (a).

"Court" means the Local Court constituted by section 7 (1).

"criminal jurisdiction" , in relation to the Local Court, means the jurisdiction referred to in section 9 (c).

"criminal proceedings" means proceedings against a person for an offence (whether summary or indictable), and includes the following:

(a) committal proceedings,

(b) proceedings relating to bail,

(c) proceedings relating to sentence,

(d) proceedings for the review of a conviction or sentence under the Crimes (Appeal and Review) Act 2001 ,

but does not include the following:

(e) proceedings on an application for an order under the Crimes (Forensic Procedures) Act 2000 ,

(f) proceedings on an application for an order, or an application to vary or revoke any such order, under the Child Protection (Offenders Prohibition Orders) Act 2004 ,

(g) proceedings on an application for an order under Part 16A of the Law Enforcement (Powers and Responsibilities) Act 2002 ,

(h) applications for an order under section 3E or 3F of the Child Protection (Offenders Registration) Act 2000 ,

(i) proceedings on an appeal against an order under section 282I of the Fisheries Management Act 1994 .

"Deputy Chief Magistrate" means a person appointed under section 15 (1) to be a Deputy Chief Magistrate of the Local Court.

"designated place" means a place at which sittings of the Local Court are to be held in accordance with section 22 (1).

"exercise" a function includes perform a duty.

"function" includes power, authority and duty.

"government sector" has the same meaning as it has in the Government Sector Employment Act 2013 .

"Magistrate" means a person appointed or taken to be appointed under this Act to be a Magistrate of the Local Court.

"mandatory judicial retirement age" means the maximum age at which a Magistrate is required by law to retire.

Note : Section 44 of the Judicial Officers Act 1986 provided for a maximum retirement age for Magistrates of 72 years before its amendment by the Justice Legislation Amendment Act (No 3) 2018 .
Section 44 of the Judicial Officers Act 1986 , as amended, has increased the maximum retirement age for Magistrates to 75 years. Clause 9 of Schedule 6 to the Judicial Officers Act 1986 provides that the new retirement age does not apply to Magistrates holding office who were appointed before the amendments commenced unless they consent to the change applying to them as required by section 55 (2) of the Constitution Act 1902 . The retirement age of 72 years continues to apply to Magistrates who do not consent to the increased retirement age applying to them.

"part-time Magistrate" means a person:

(a) who is appointed to hold the office of Magistrate on a part-time basis, or

(b) who exercises the functions of the office of Magistrate on a part-time basis, as provided by an agreement referred to in clause 1 (2) of Schedule 1.

"practice note" means a practice note issued under section 27.

"Rule Committee" means the Local Court Rule Committee established under section 25.

"rules" means the rules made under section 26.

"special jurisdiction" , in relation to the Local Court, means the jurisdiction referred to in section 9 (b).

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes included in this Act do not form part of this Act.

Note : In the notes to this Act,
"LCA 1982" means the Local Courts Act 1982 ,
"CPA" means the Civil Procedure Act 2005 and
"DCA" means the District Court Act 1973 .