Norfolk Island Court of Petty Sessions

Norfolk Island Court of Petty Sessions
Jurisdiction Norfolk Island
LocationKingston
Appeals toSupreme Court of Norfolk Island
Judge term lengthmandatory retirement by age of 70
Number of positions4 (1 Chief Magistrate; 3 Magistrates)
Chief Magistrate
CurrentlyWendy Cull
Since8 June 2017

The Norfolk Island Court of Petty Sessions was created by the Court of Petty Sessions Act 1960 (Norfolk Island), and is the equivalent of most Australian mainland Magistrates' Courts or Local Courts.

Jurisdiction

The court is constituted under the Court of Petty Sessions Act 1960 (NI). It is an inferior court and it is also a court of record. The court exercises a civil jurisdiction where sum does not exceed A$60,000.[1] The court has criminal jurisdiction over matters of a summary nature relating to summary convictions, where a person is made liable to a penalty or punishment or to pay a sum of money for an offence, as well as minor family law applications.[2] The jurisdiction of the court may be exercised by the Chief Magistrate or any of the 3 Magistrates, usually being three Justices of the Peace or Magistrates appointed or resident locally on Norfolk Island.[3] The Chief Magistrate as of 8 June 2017 has been Wendy Cull.[4]

A person may appeal a judgment of the court to the Supreme Court of Norfolk Island where, in civil proceedings, judgment is given for at least A$100,[5] or in criminal proceedings, where the person has been fined not less than A$10 or sentenced to imprisonment for any term.[5]

Role

The Chief Magistrate of Norfolk Island is usually the office holder from time to time of the Chief Magistrate of the Australian Capital Territory (ACT).[citation needed] The Court of Petty Sessions usually sits once a month on Norfolk Island to deal with any pending criminal matters of a summary or regulatory nature.[6] The Court can be convened by telephone/audio link up for more serious matters likely to require a committal hearing and eventual trial in the Supreme Court of Norfolk Island.[citation needed]

References

  1. ^ Court of Petty Sessions Act 1960 (NI), s 107.
  2. ^ Court of Petty Sessions Act 1960 (NI), s 36.
  3. ^ Court of Petty Sessions Act 1960 (NI), s 8.
  4. ^ "Norfolk Island Government Gazette No. 27" (PDF). Norfolk Island Government. 6 July 2018. Retrieved 28 October 2024.
  5. ^ a b "1974/1975, PP no. 148 of 1976". Trove. 3 June 1976. Retrieved 28 October 2024.
  6. ^ "Norfolk Island Law". McIntyres Lawyers. Retrieved 28 October 2024.


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