Home›Questions on Notice›QoN 113

❓ Hon Nick Goiran asks about the catalyst, consultation process, and concerns raised regarding amendments to the Magistrates Court (Civil Proceedings) Rules 2025. The Attorney General provides a factual response outlining the reason for the amendments and the consultation process.

AnsweredQoN 113Legislative Council

Asked

30 April 2025

Member

Hon Nick Goiran

Portfolio

Attorney General

QuestionView source ↗

I refer to the Magistrates Court (Civil Proceedings) Amendment Rules 2025 , and I ask: (a) what was the catalyst for bringing about these amendments to the rules; (b) who was consulted prior to these amendment rules being finalised; (c) in reference to (b), did any person consulted raise any concerns; (d) if yes to (c), what were these concerns; (e) in reference to (d), have the finalised amendment rules addressed these concerns; and (f) if no to (e), why not?

AnswerView source ↗

Answered

17 June 2025

Responded by

Parliamentary Secretary to the Attorney General

Response time

8 days

(a) The Magistrates Court (Civil Proceedings) Rules 2005 (the Rules) were consequential form amendments resulting from amendments to the Restraining Orders Regulations 1997 (the RO Regulations). Prior to these amendments, custodial officers in youth detention centres could not effect service of restraining orders and summonses on young people in detention, despite prison officers in adult prisons being authorised to serve those documents. Consequential amendments to the certificates of service in several forms contained in Schedule 1 of the Rules were required to provide for this change and ensure consistency with the RO Regulations.
(b) The Chief Magistrate, the Executive Director Magistrates Court and Specialist Jurisdictions and the Manager of Customer Services within the Magistrates Court and Specialist Jurisdictions directorate.
(c) No.
(d - f) Not applicable.

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