Western Australian Current Acts Western Australian Current Acts (1) If a person is or
would be aggrieved by one or more of the following —
(a) the
failure of a Court officer to do any act or make any order or direction
—
(i)
on the ground that the officer is under a duty to do the
act or make the order or direction; or
(ii)
on any ground that might have justified an order of
mandamus;
(b) an
act, order or direction that a Court officer proposes to do or make —
(i)
on the ground that it would be without jurisdiction or
power or would be an abuse of process; or
(ii)
on any ground that might have justified an order of
prohibition;
(c) an
act, order or direction done or made by a Court officer —
(i)
on the ground that it was done or made without
jurisdiction or power or is an abuse of process; or
(ii)
on any ground that might have justified an order of
certiorari,
the person may apply
to the Supreme Court for an order (a review order ) that requires the Court
officer and any person who will be affected by the act, order or direction to
satisfy the Supreme Court at a hearing that the act, order or direction should
or should not be done or made or set aside, as the case requires.
(2) The procedure for
making, and in relation to, an application under subsection (1) is to be
prescribed by rules of court of the Supreme Court.
(3) On an application
made under subsection (1) and rules of court of the Supreme Court, the Supreme
Court may make any review order that is just, whether it has been applied for
or not.
(4) If at the hearing
required by a review order the Supreme Court is not satisfied in accordance
with the review order, or if it is just to do so, it may —
(a)
order that the act, order or direction be or not be done or made or set aside,
as the case requires;
(b)
grant any relief or remedy that could have been granted by way of a writ of
mandamus, prohibition or certiorari;
(c) make
any necessary consequential orders.
(5) On an application
made under subsection (1) in respect of an act, order or direction, the
Supreme Court may —
(a) if
it considers that an appeal lies under the Criminal Appeals Act 2004 in
respect of the act, order or direction, order the application to be treated as
if it were such an appeal and deal with the matter accordingly;
(b) if
it considers that an appeal lies under the Magistrates Court (Civil
Proceedings) Act 2004 in respect of the act, order or direction, order the
application to be treated as if it were such an appeal and remit the matter to
the District Court to be dealt with accordingly.
(6) When dealing with
an appeal under the Criminal Appeals Act 2004 the Supreme Court may make a
review order and, if it does, may also make an order under subsection (4).
(7) If, when dealing
with an appeal under the Magistrates Court (Civil Proceedings) Act 2004 , the
District Court considers that a review order ought to be made it may —
(a)
remit the appeal to the Supreme Court under the District Court of Western
Australia Act 1969 section 77; or
(b)
adjourn the appeal to enable an application to be made to the Supreme Court
—
(i)
under subsection (1); or
(ii)
under the District Court of Western Australia Act 1969
section 76.
(8) A Court officer,
on being served with an order made under subsection (4), must obey the order.
[Section 36 amended: No. 84 of 2004 s. 78.]