South Australian Current Acts

MAGISTRATES COURT ACT 1991 - SECT 9AA

9AA—Nunga Court

        (1)         The purpose of the Nunga Court is—

            (a)         to include members of Aboriginal and Torres Strait Islander communities in the sentencing process; and

            (b)         to provide an opportunity for Aboriginal and Torres Strait Islander defendants, Magistrates, Aboriginal and Torres Strait Islander Elders and Respected Persons and other participants in the sentencing process to discuss the offending, sentencing and criminal justice system; and

            (c)         to increase the confidence of Aboriginal and Torres Strait Islander communities in the criminal justice system.

        (2)         The Nunga Court has jurisdiction to determine and impose sentence for an offence or offences heard and determined in the Criminal Division of the Court if—

            (a)         the defendant is an Aboriginal or Torres Strait Islander person; and

            (b)         the defendant has pleaded guilty to the offence; and

            (c)         the defendant has applied, in a manner and form determined by the Chief Magistrate, to be sentenced for the offence in the Nunga Court.

        (3)         Except where the Court is of the opinion that it is not appropriate to do so, the Court should grant an application under subsection (2)(c) and transfer the defendant's matter or matters to the Nunga Court for sentencing.

        (4)         In any proceedings before the Nunga Court, the Nunga Court must take steps to ensure that the proceedings are conducted—

            (a)         with as little formality as is reasonably possible; and

            (b)         as expeditiously as is reasonably practicable; and

            (c)         in a way that is likely to be understood and followed by such of the following persons as may be present at the proceedings:

                  (i)         the defendant;

                  (ii)         family members of the defendant;

                  (iii)         any other members of Aboriginal and Torres Strait Islander communities.

        (5)         Nothing in this section prevents the Court from establishing other programs or procedures in respect of Aboriginal or Torres Strait Islander defendants.

        (6)         Nothing in this section limits the Sentencing Act 2017 , the Young Offenders Act 1993 or any other Act or law.