Magistrates Court of the Australian Capital Territory

The court originated as the Court of Petty Sessions in 1930.[9] It was the Territory's first court and Acton House was the first courthouse.[9]

Previously, Territorians were required to travel to Queanbeyan, Goulburn or Cooma to have their legal matters heard.[9] Under the Seat of Government Acceptance Act, state or federal courts had jurisdiction to settle legal disputes arising within the Territory.[9] Due to the small number of matters that went before the Police Court in Queanbeyan and the District Court, this situation initially worked well.[9]

In 1926, Robert Garran (then Secretary of the Attorney-General's Department) recommended building a permanent courthouse in the Territory or, if that was not economically viable, then temporary courtrooms.[9] The Federal Capital Commission was unsympathetic to both suggestions.[9] In 1929, Acton House was accepted by Attorney-General John Latham as a suitable building from which the Court of Petty Sessions could conduct legal proceedings.[9] The building was refurbished and converted for court use the same year.[9]

In July 1930, the Court of Petty Sessions Ordinance 1930 was gazetted; the Court of Petty Sessions was established on 25 November of that year.[9] Despite creation of the new court, the Territory still depended on visiting Magistrates until 1949, when FC Keane was appointed as the Territory's first resident Magistrate.[9] Prior to this, magistrates appointed by the Government of New South Wales who also held permanent appointments in either Queanbeyan or Goulburn were responsible for the court.[5] In 1974, Charles Kilduff became the Territory's inaugural Chief Magistrate.[9]

In time, the court's civil and criminal jurisdiction increased. From a base of £200 in the early years, the court could then settle civil proceedings up to $50,000.[9] And it could then deal with criminal offences that have a maximum penalty of two years' imprisonment or less and, with respect to Commonwealth matters, 12 months' imprisonment or less.[9] This has since increased.

Like the Supreme Court, the Court of Petty Sessions occupied several locations including the Acton Hotel in 1940 and Civic in April 1946.[9] It remained in Civic until 1963, when it relocated to the Law Courts Building it shared with the Supreme Court in Knowles Place, Civic.[9] The building was officially opened by Prime Minister Robert Menzies on 8 May 1963.[9] The Court of Petty Sessions was renamed the Magistrates Court on 1 February 1986.[9]

By the 1980s, as the workload of both courts increased, problems with accommodating both the Supreme Court and the Magistrates Court in the one building became more apparent.[9] Construction of a new Magistrates Court building, adjacent to the existing Law Courts Building, started in October 1994 and was completed in 1996.[9]

In 2019, stage one of construction was completed on a new building that joins the Supreme Court and the Magistrates Court into one building known as the ACT Law Courts precinct.[7][8]

The territorial jurisdiction of the Magistrates Court encompasses the entirety of the Australian Capital Territory and the Jervis Bay Territory. Under the Jervis Bay Acceptance Act 1915 (Cth),[10] the laws of the Australian Capital Territory apply in that particular area. Magistrates from the ACT travel to Jervis Bay Village on a regular basis to hold court for the region.

The Magistrates Court is established under, and has jurisdiction under, the Magistrates Court Act 1930 (ACT).[11]

It has a summary jurisdiction to deal with most criminal offences.[12] Criminal offences which carry a maximum term of imprisonment of two years or less, or for Commonwealth offences one year or less, must be heard by a magistrate. Some offences may be heard in either the Magistrates Court or the Supreme Court.

It also has jurisdiction to hear civil cases that are between $25,000 and $250,000 in value, although it cannot hear cases in which the title to land is in dispute. Any amount in dispute under $25,000 is dealt with by the ACT Civil and Administrative Tribunal.[13]

It also has jurisdiction to deal with family violence orders, personal protection orders and workplace protection orders.[14]

The Children's Court is a division within the Magistrates Court that hears matters involving children or young people, either for criminal matters or care and protection matters.[15]

The Coroner's Court is another division within the Magistrates Court that investigates violent or unnatural deaths, suspicious fires and/or explosions, but it cannot make orders to punish offenders.[16] All magistrates are coroners by virtue of their appointment and special magistrates may also be appointed coroners.[17]

The Industrial Court is another division that has jurisdiction to deal with criminal and civil matters arising out of industrial or work safety contexts.[18]

Magistrates are also justices of the peace by virtue of their appointment as a magistrate.[11]

The court is constituted by either magistrates or special magistrates.[11] Generally, magistrates sit alone. A special magistrates may also constitute the court.[11]

Magistrates and special magistrates are appointed by the executive.[11] Magistrates and special magistrates must retire at 70 years of age.[11]

The executive must also appoint a Chief Magistrate.[11] The Chief Magistrate is responsible for the prompt discharge of the court's business, and may in consultation with a magistrate, decide the types of cases which a magistrate will hear.[11]

• List of Australian Capital Territory courts and tribunals

• Official website
• Published Magistrates Court decisions