The Legal System

Courts and Tribunals

Introduction

This section is current at May 2010.

Many courts, Territory and Commonwealth, operate in the ACT.

A court's decision is binding on the parties to a case, and must be complied with. Further court proceedings can be taken to force compliance.

Summary offences, indictable offences and committal hearings

The laws relating to committal for trial, and the classification of crimes as summary and indictable, are in the Criminal Code 2002 (ACT).

A. Summary offences

Summary offences are common offences such as stealing, assault and possession of drugs that are usually heard in the Magistrate's Court.

B. Indictable offences

Indictable offences are more serious offences, such as assault occasioning actual bodily harm and drug dealing and may be heard in either the Magistrate's Court or Supreme Court. The more serious indictable offences are heard in the Supreme Court.

C. Indictable offences dealt with summarily

Some specified indictable offences can be dealt with as if they were summary offences unless the prosecution (or in some cases the accused) objects. This reduces the length and expense of the hearing, and limits the jail term that can be imposed if there is a conviction.

D. Committal hearings

Indictable offences that are not dealt with by the Magistrate's Court are heard in the Supreme Court, but only after a committal (preliminary) hearing in the Magistrate's Court. At a committal hearing the magistrate decides whether there is enough evidence to send the accused for a trial.

ACT Courts

The two main courts in the ACT are:

• the Magistrate's Court; and
• the Supreme Court.

The Magistrate's Court

Cases in the Magistrate's Court are decided by a magistrate (not a judge), without a jury. The maximum jail sentence a magistrate can impose is five years -- less for some offences.

The Magistrate's Court deals with:

• civil claims where the amount claimed is up to $50,000 or, if a particular law so allows, more than $50,000 can be recovered;
• summary offences;
• indictable offences including theft, burglary and assault; and
• committal hearings for other indictable offences

A. Other courts at the Magistrate's Court level

Other ACT courts at the same level of the hierarchy as the Magistrate's Court are the Coroner's Court and the Children's Court.

The Supreme Court

The Supreme Court hears civil and criminal matters under Territory laws that are outside the jurisdiction of the Magistrate's Court or specialist tribunals.

A. Civil matters

In civil law, the Supreme Court hears most claims over $50,000, commercial disputes, and matters relating to probate (see WillsIntestaciesEstatesAndFunerals), judicial review of administrative decisions (see AdministrativeLaw), and admiralty.

B. Criminal matters

The Supreme Court hears serious indictable offences, including murder, rape, arson and complex drug cases

C. Appeals

The Supreme Court decides appeals from the Magistrate's Court and some tribunals.

Sitting as the Court of Appeal (with a panel of three judges), it decides appeals from single judge decisions in the Supreme Court.

Sitting as the Court of Criminal Appeal (with a panel of three judges) it decides criminal appeals from single judge decisions in the Supreme Court, and from decisions in the Magistrate's Court.

Commonwealth Courts

Commonwealth courts in the ACT deal with Commonwealth laws when the circumstances arise in the ACT or involve ACT people or companies. A law of the ACT can confer on the Federal Court original or appellate jurisdiction in any matter the ACT Supreme Court has jurisdiction to hear (s 48AA Australian Capital Territory (Self-Government) Act 1988 (Cth)). Areas of Commonwealth law include:

• family law;
• discrimination;
• bankruptcy;
• consumer protection;
• privacy;
• actions under the Commonwealth Trade Practices Act 1974 (Cth)
• taxation; and
• review of decisions made by Commonwealth Government officers.

The main Commonwealth courts are:

• the Federal Magistrates Court;
• the Federal Court of Australia;
• the Family Court of Australia; and
• the High Court of Australia.

The Federal Magistrates Court

The Federal Magistrates Court was established to:

• offer a lower level, simpler federal court; and
• ease the workload of the Federal Court and the Family Court.

It shares the jurisdiction of both those courts, but is independent of them.

It deals with a wide range of matters, including:

• family law (a large part of its work);
• consumer protection;
• discrimination;
• employment law;
• bankruptcy;
• copyright;
• migration; and
• privacy.

The Federal Court of Australia

The Federal Court's business includes:

• actions under the Commonwealth Trade Practices Act 1974 (Cth);
• bankruptcy;
• taxation;
• judicial review of government decisions; and
• appeals from Commonwealth tribunals.

The Family Court of Australia

The Family Court is like a specialist arm of the Federal Court. It deals with:

• cases under the Commonwealth Family Law Act 1975 (Cth) (see FamilyLaw);
• applications under the Commonwealth Powers (De Facto Relationships) Act (NSW) if there are associated Family Law Act 1975 (Cth) proceedings concerning children.

The High Court of Australia

The High Court, which sits permanently in Canberra, is established by the Constitution as the highest court in Australia.

Some matters (for example, constitutional matters) go directly to the High Court. The High Court also hears appeals from:

• State and Territory Supreme Courts; and
• the federal courts.

The High Court is the final court of appeal, and its decisions are binding on all courts and tribunals.

Juries

Juries are only used in indictable criminal matters in the ACT Supreme Court (ss 22, 68A, 68B and 68E of the Supreme Court Act 1933 (ACT)). It is considered that jurors, as randomly selected members of the public, will take an independent and commonsense approach to deciding the facts.

What the jury does

The jury decides the facts of a case. In criminal matters the jury listens to the evidence and decides whether criminal guilt has been proved beyond reasonable doubt. The judge decides legal issues that arise in the case, and gives the jury guidance and directions.

The procedures for a jury are described in the Juries Act 1967 (ACT).

A. Criminal juries

In indictable cases in the Supreme Court, a jury consisting of 12 people decides a person's guilt or innocence.

If a juror is unable to continue to trial, then the number can be reduced to ten. If the number of jurors is reduced to less than ten the remaining jurors will be discharged by the Judge and the matter adjourned to a later date. The jury's decision, called a 'verdict', must be unanimous. If, after trying to reach a verdict for at least eight hours, the jury cannot reach a unanimous verdict, then the court can allow a majority verdict of 11 out of 12, or ten out of 11.

Non-jury trials

It used to be mandatory to have juries in serious criminal cases. However, it is now possible to have a Supreme Court trial with a judge sitting alone (without a jury) where the accused requests it.

B. Civil cases

Juries are not used in civil cases in the ACT.

C. Coroner's cases

A hearing for an inquest or inquiry must be conducted without a jury (s 41 Coroners Act 1997 (ACT)).

The jury roll

Under s 9 of the Juries Act 1967 (ACT) ('the Juries Act'), each person whose name is on the roll of electors of the ACT is, unless he or she is a disqualified person or is exempt from serving as a juror, liable to serve as a juror.

Jury rolls are generated randomly by computer from the electoral rolls. Anyone on the roll may be summonsed to court for jury duty. The ACT Sheriff's Office is responsible for arrangements relating to juries

People on the roll are advised by mail. The notice advises the period of inclusion on the roll (generally 12 months).

A person selected is served with a jury summons. The jury summons lists the time, date and location for attendance for jury duty and must be served at least four days before the time specified for jury duty. In practice the first summoning will take place approximately two to four weeks before the scheduled attendance date.

A. I've been called up but I can't go, what do I do?

If you receive a letter about inclusion on the roll, or a summons to attend for jury duty, and you believe you are in one of the categories of people who do not have to serve on a jury, you must still tell the Sheriff this, and the reason why, in order to 'be excused' from jury service (s 13 of the Juries Act). This is important because the Juries Act provides a penalty for a person who fails to attend in accordance with a jury summons.

There is a space on the jury duty summons to fill in if you believe you do not have to serve on a jury. You must also provide appropriate proof when you send the summons back to the Sheriff's Office.

The categories of people who do not have to serve on a jury are explained further below.

B. Who is disqualified?

Under s 10 of the Juries Act, certain people are 'disqualified' from jury service, in particular, anyone who:

"(a) has been convicted, whether within or outside the ACT, of an offence punishable under the law in force at the place where he or she was convicted by imprisonment for 1 year or longer and has not been granted a pardon in relation to the offence; or

(b) is an undischarged bankrupt; or

(c) is unable to read and speak the English language; or

(d) is, because of mental or physical disability, incapable of serving as a juror; or

(e) is of unsound mind".

B. Who is exempt?

The Juries Act exempts people in some categories from jury service (Schedule 2, Part 2.1). These include:

• a judge or master of the ACT Supreme Court; magistrates; coroners; public servants on the staff of the Supreme or Magistrates courts; appointees to ACT royal commissions, boards of inquiry or judicial commissions; and public servants currently testifying before one of those bodies;
• practising lawyers (or their employees); lawyers at the Department of Justice and Community Safety, ACT Legal Aid or the ACT DPP;
• police officers; corrections officers; and employees at certain specified places of detention, confinement and residential care operating under the Children and Young People Act 2008 (ACT);
• members of the ACT Legislative Assembly, or their advisers or private secretary staffers; certain specified employees of the Legislative Assembly; and chief executives in the ACT public service;
• practising doctors, dentists, pharmacists, or veterinary surgeons; full-time emergency service personnel; the emergency services commissioner; and the chief or deputy chief officer of an emergency service;
• foreign government and international organisation employees; persons exempt from serving as a juror under specified Commonwealth legislation; and anyone who lives in the Jervis Bay Territory.

If summonsed to jury duty, a person in one of the above categories can complete the appropriate section of the summons and return it with proof of their right to be exempt.

C. Who can claim exemption?

Some people who are not in an exempt category can nevertheless 'claim exemption' from serving on a jury:

• a minister of religion;
• a practising member of a religious society or order the beliefs or principles of which are incompatible with jury service;
• a professor, lecturer, or school principal or teacher, engaged in full-time teaching of organised classes at a university, college or school;
• an editor of a newspaper;
• a practising nurse, practising enrolled nurse or practising midwife;
• a household officer or member of staff of the Governor-General;
• a person who is 60 years old or older; or
• a person who is totally or partially blind or deaf

(Schedule 2, Part 2.2). To claim exemption, a person completes a statutory declaration (available on the ACT Supreme Court website) and submits it to the ACT Sheriff's Office at least two working days prior to the first day of attendance.

If the application is rejected, the person must attend for jury service as required, although they can then apply to the judge to claim exemption.

D. Who can ask to be excused?

Under s 14 of the Juries Act,

if a judge or the sheriff is satisfied that a person summoned or appointed to attend to serve as a juror ought to be excused from attendance because—

(a) of illness; or

(b) of pregnancy; or

(c) the person has the care of children or of aged or ill persons; or

(d) of circumstances of sufficient importance or urgency;

the judge or the sheriff may, at any time after service of the summons or the appointment, excuse the person from attendance or further attendance on the Supreme Court during the period that the judge or sheriff specifies.

Only very good reasons, such as a medical condition or a threat to the viability of a business, are likely to be accepted. The Sheriff's Office and judges are reluctant to excuse people from carrying out their civic duty. To ask to be excused, you should complete a statutory declaration (available on the ACT Supreme Court website) and submit it to the ACT Sheriff's Office at least two working days prior to the first day of attendance. Anyone dissatisfied with the decision of the Sheriff may apply to the Judge, usually on the day of the trial, to be excused from further attendance. See also C. What will happen when I turn up on the first day?

Serving on a jury

A. Payment of jurors

Jurors are paid a daily fee, as set out in the Juries Fees Regulations 1968 (ACT). The rates current as at May 2010 were as follows:

attendance on the court for 4 hours or less - $44.10

attendance on the court for more than 4 hours:

(a) for each day from day 1 to day 5 (inclusive) - $88.60

(b) for each day from day 6 to day 10 (inclusive) - $102.90

(c) for each day after day 10 - $120.00

Jurors are also paid a daily allowance of $15 to cover travel and parking costs.

Payment is normally made at the conclusion of the trial.

Public servants should receive their normal salary whilst on jury duty, but should check with their personnel section to confirm this before attending the court.

B. When do I have to be there?

It is important to understand exactly when you have to be at court and when you are allowed to leave when serving on a jury. You should always ask the Sherriff's permission if you have to leave the court other than at designated break times. This is because under the Juries Act it is an offence for a person who attends in accordance with a jury summons or who is a juror to leave the Court premises before being discharged or excused by a Judge or the Sheriff (unless permitted to do so by the Sheriff).

Attendance times

Initially, a person summonsed for jury service should attend at 9.15 am on the first day of their period of service. They should attend at 9.30 am on the first day of any subsequent trials during this period of service.

Before any attendance persons selected for jury service can ring the jury message line ((02) 6207 1792) to confirm when they are next required to attend.

Once a jury is selected, jurors for that trial are required to attend at 9.50 am for the remainder of the trial unless otherwise directed.

A morning tea break is usually taken at about 11.15 am and lunch from 1 pm to 2 pm. Persons selected as jurors on trials will be provided with a light lunch and will generally be allowed to leave the jury room and court building as long as they return by 2 pm. The Court normally adjourns by 4.15 pm.

Staying overnight (sequestration)

Normally jurors on a trial are permitted to go to their homes each evening. However, sometimes, especially when the jury has retired to consider its verdict and a verdict has not been reached at night, the Judge may order the jury to remain together overnight in suitable accommodation. Arrangements for their accommodation are made by Sheriff's Officers who will also, if necessary, collect jurors' personal effects. Sheriff's Officers will stay with the jurors overnight.

C. What will happen when I turn up on the first day?

When a person summonsed for jury service arrives at Court their attendance and current occupation will be recorded by a Court Officer. They should bring a form of photographic identification (for example a driver's licence) with them.

Anyone wishing to make an application to be excused should advise the Court Officer at this stage. Jurors then assemble in the jury assembly room.

In the courtroom

Jurors are taken into Court by a Sheriff's Officer prior to the commencement of the trial.

The accused is usually arraigned (charged) in the presence of the panel summoned. The accused is present during the jury selection. Potential jurors have the opportunity to state whether they recognise the accused, know any of the witnesses or have any other reason which may make it difficult for them to serve impartially on the jury in that particular trial. The names of significant witnesses are also mentioned to the panel.

The trial Judge will hear applications from those persons who have indicated that they wish to be excused. The accused remains in the court room while the excuses are being heard. Applications are made orally. The person is called to the witness box and sworn or affirmed and then explains to the Judge the reason why he or she seeks to be excused. If a person is excused the card containing his/her name is set aside.

Selection of jurors - and being 'challenged'

Cards containing the names of each of the prospective jurors are placed in a ballot box by the Sheriff. The Associate to the Judge then picks the cards from the box to select people to enter the jury box. As each person moves to the jury box, he or she may be challenged by the accused personally or by his or her legal representative. The Crown also has the right to challenge and also to ask that a person stand aside until all cards have been drawn from the ballot box. A certain number of potential jurors (currently eight for the accused and eight for the Crown) can be challenged without any cause or explanation. If they have not been challenged, the people selected to form the jury are sworn in on oath or affirmation. The remaining persons summoned will be advised by the Judge whether they are required to attend on a later date for another trial.

Twelve-person juries are used in the determination of all criminal matters. In some cases, however, an expanded jury, consisting of from 13 up to 16 jurors may be empanelled. When a jury consisting of more than 12 jurors is about to retire to consider its verdict, the number of jurors will be reduced to 12.

Once a jury is selected jurors for that trial are required to attend at 9.50 am for the remainder of the trial unless otherwise directed.

Can the sheriff pull people off the street to serve as jurors?

In certain circumstances the sheriff has the power to use passers-by to 'make up the numbers' for a jury. Section 31(2) of the Juries Act provides that, for a criminal trial:

If all the jury cards are exhausted, by challenge or otherwise, before 12 persons have entered the jury box at a criminal trial, the judge may order the sheriff to appoint forthwith from persons in or in the vicinity of the Supreme Court who are liable to serve as jurors so many persons to attend to serve as jurors as will enable 12 persons to enter the jury box.

D. Other important information

What if there is an emergency or I become ill?

If you become ill or another emergency arises while you are on jury duty, you should tell the sheriff. The sheriff and the judge both have the power to 'excuse' a person from further jury service (s 14) because of illness, pregnancy, carer responsibilities or other "circumstances of sufficient importance or urgency". See further above at E. Who can ask to be excused?

My employer says I can't have time off, what if I lose my job ?

If you really cannot be spared from work to serve on a jury, you could seek your employer's support in applying to be excused on the grounds of "circumstances of sufficient importance or urgency" Also see further above at E. Who can ask to be excused?.

If this is not successful, and your employer attempts to sack you or otherwise disadvantage you because of jury service, he / she / it may be subject to penalties: under s 44AA of the Juries Act it is an offence for an employer "dismiss or injure an employee, or alter an employee's position to the prejudice of the employee, because the employee is summoned to serve as a juror." The offence carries a maximum penalty of 50 penalty units ($5,500 for a person, $27,500 for a corporation), or imprisonment for six months, or both.

Once I have been called up for jury service, how long before it happens again ?

The 'jury list' is compiled from the electoral roll every two years (s 19). Once you have been summoned to attend for jury duty (whether or not you actually end up serving on a jury on that occasion), your name is required to be excluded from the list until the next one is compiled (s 18A). Depending on when the relevant summons was, this may mean there is less than two years between 'call-ups'. However, if you end up serving on a trial that lasts an extended period, and the judge at the trial decides that a longer period of 'relief' is justified, he / she can order a further period during which the jurors who served at that trial will not be placed on a jury list (s 18A).

Further information

Further information on jury service is available from the ACT Sheriff's Office (contact details at Contacts, Links and Resources). Information on when current jury panels are required is available from the Jury Information Line ((02) 6207 1792) or from the ACT Supreme Court's Jury Duty web page.

Tribunals and Commissions

Many State, Territory and Commonwealth tribunals and commissions operate alongside the court system. Whether they are called tribunals or commissions, they are specialist bodies created by Acts of parliament to deal with particular areas.

Tribunals and commissions are usually intended to be easier to use, cheaper and faster than courts. For example, unlike courts, they are usually not bound by the rules of evidence.

To understand the powers and procedures of a specific tribunal, it is necessary to look at the Act that created it, legislation such as regulations and rules, and practice notes issued by the tribunal.

ACT and Commonwealth Tribunals

Tribunals and commissions in the ACT deal with both Territory and Commonwealth law. Some of them are listed below. Each tribunal and operates differently. For information about a particular tribunal contact it directly.

A. ACT tribunals

The ACT Civil and Administrative Tribunal (ACAT) commenced in February 2009 and consolidated 16 former jurisdictions and tribunals of the ACT including:

• the Administrative Appeals Tribunal;
• the Discrimination Tribunal;
• the Guardianship And Management of Property Tribunal;
• the Mental Health Tribunal;
• the Residential Tenancies Tribunal;
• the Liquor Licensing Board;
• Energy and Water Consumer Council; and
• civil dispute (small claims) matters under $10,000.

Examples of disputes heard by ACAT include:

• arguments over finance agreements;
• disputes between landlord and tenant;
• contractual disputes;
• applications for mental health orders;
• discrimination matters; and
• any decisions made under ACT law.

For further information on ACAT, see AdministrativeLaw.

B. Commonwealth tribunals

There is a large number of tribunals at Commonwealth level. The following is not an exhaustive list, but gives some idea of the breadth of matters dealt with. The main tribunals with large workloads are:

• the Administrative Appeals Tribunal (see AdministrativeLaw);
• the National Native Title Tribunal;
• the Migration Review Tribunal and Refugee Review Tribunal (see ImmigrationRefugeesAndCitizenship);
• the Social Security Appeals Tribunal (see SocialSecurityAndFamilyAssistance);
• the Veteran's Review Board (see VeteransEntitlements); and
• Fair Work Australia (see EmploymentLaw).

There are also a number of smaller volume tribunals dealing with particular areas of Commonwealth responsibility, for example:

• Copyright Tribunal of Australia;
• Australian Competition Tribunal;
• Defence Force Remuneration Tribunal;
• Repatriation Medical Authority and the Specialist Medical Review Council (see VeteransEntitlements); and
• Defence Honours and Awards Tribunal.

How they operate

Tribunals and commissions usually hold hearings to decide cases. In contrast to the situation in courts, non-legal advocates are often able to assist people in hearings before some tribunals.

A Who conducts tribunal cases?

In many tribunals cases are conducted (heard) by two or three tribunal members, at least one of whom has legal training. The other members generally have expertise in the subject area of the case or the tribunal.

In some tribunals, such as the Refugee Review Tribunal, just one member conducts the hearing.

B. Formal and informal hearings

The style of hearing varies between tribunals. In some (such as the Administrative Appeals Tribunal), hearings resemble those of courts -- lawyers represent the parties, witnesses are cross-examined and so on. In others (such as the Social Security Appeals Tribunal), hearings are fairly informal -- the people involved might sit around a table, and legal and other representation may be prohibited unless the tribunal gives permission.

C. Appeal from tribunal decisions

In most cases there is a right, set out in the relevant Act, to appeal to a court against a tribunal decision. Usually appeals are restricted to legal questions -- the court cannot come to new conclusions about the facts that have already been decided.

Even if there is no right of appeal in the Act, a person may be able to go to court to seek judicial review of a tribunal decision. This is possible if the tribunal has acted outside its jurisdiction, or has not complied with the formal requirements of procedural fairness. See AdministrativeLaw.

Commissions of inquiry

Commissions of inquiry are set up by governments for a limited period to investigate particular issues or areas of concern. They gather information in various ways, including by holding hearings and calling witnesses.

They differ from courts and tribunals in that they do not make legally binding decisions, but instead produce reports on their findings with recommendations for future action.

A. ACT Boards of inquiry and Inquiries Act 1991

For matters of general importance to the Territory that do not require a Royal Commission, the Inquiries Act 1991 (ACT) enables the government to appoint one or more persons as a board of inquiry to inquire into the matters specified in the instrument of appointment (s 5). The chairperson, or a member authorised by the chairperson, may summon a person to appear before the board to give evidence and produce documents and other things referred to in the summons (s 26). The Act includes offences for failure to attend or answer questions (s 27). After completing its inquiry, the board is required to prepare a report and submit it to the Chief Minister, who may table it (or part of it) in the Legislative Assembly (s 14). The Chief Minister also may make the report (or part of it) public, irrespective of whether it has been tabled in the Assembly; in which case, the report attracts the same privileges and immunities as if the report or part had been laid before the Assembly (s 14).

The government generally responds to all inquiry reports (in a similar manner as it does to Legislative Assembly committee reports) although there are not necessarily any specific timing requirements.

Boards of inquiry may determine the manner in which they conduct an inquiry. They are not bound by the rules of evidence but may inform themselves of any matter in such manner as they think appropriate. They may do whatever they consider necessary or expedient for the fair and expeditious conduct of the inquiry (s 18). While their hearings should be in public, they can direct that a hearing (or part of a hearing) take place in private or that restrictions be placed on the publication or disclosure of evidence.

B. Administrative inquiries

Inquiries in the ACT can also be conducted on an administrative basis only, according to terms of reference established by the responsible Minister.

Royal commissions

Royal commissions are commissions of inquiry that have particularly strong powers to investigate matters and to call and question witnesses. Also, a Commissioner of a Royal Commission must be, or have been, a judge or legal practitioner.

Recent topics for royal commissions include, at the Commonwealth level, the Inquiry into certain Australian companies in relation to the UN Oil-For-Food Programme ('the AWB inquiry') and the Equine Influenza Inquiry.

A. Terms of reference

The State, Territory or Commonwealth government sets a royal commission's agenda (its terms of reference) (s 13 Royal Commissions Act 1991 (ACT); Royal Commissions Act 1902 (Cth)).

B. Royal commission staff

The government appoints a commissioner (or more than one) -- usually a senior barrister or judge. The commissioner's staff includes lawyers, investigators and administrative personnel.

C. Powers of royal commissions

The State, Territory and Commonwealth Royal Commission Acts confer wide-ranging powers on royal commissions, including the power to summon a person to give evidence and produce documents. It is an offence to fail to comply, and a warrant can be issued for the person's arrest.

It is also an offence not to answer questions or to knowingly give false or misleading testimony. People can be in contempt of a royal commission as if it were a court.

Royal Commission hearings (in both Commonwealth and ACT jurisdictions) are usually held in public, and evidence tendered to a Royal Commission is usually made public. However, a Commissioner may direct that a hearing (or part of a hearing) take place in private or that restrictions be placed on the publication or disclosure of evidence.

D. Who can appear

It is up to the commissioner to decide whether to allow a person to appear or be represented before a commission. This will be authorised if:

• the person, in the opinion of the commission, has a 'sufficient interest' in the inquiry, or
• the person has been subpoenaed to attend or is appearing before the commission as a witness (Royal Commissions Act 1991 (ACT) s 31).

Legal assistance

The government may provide, at its discretion, funding for legal assistance and representation for some people appearing at royal commissions, or as witnesses.

Royal commission reports

At the end of an inquiry, the royal commission produces a report containing conclusions and recommendations; for example:

• suggesting reform to laws or practices
• recommending that criminal or other proceedings be taken against individuals.

A royal commission can also refer evidence to law enforcement agencies.

The ACT Royal Commissions Act 1991 enables the Chair of a Royal Commission or a Commissioner authorised by the Chairperson to summon witnesses to appear and to provide relevant documents. At a hearing, witnesses may be represented by a legal practitioner. Hearings are usually held in public, and evidence tendered to the Commission is usually made public. However, a Commissioner may direct that a hearing (or part of a hearing) take place in private or that restrictions be placed on the publication or disclosure of evidence.

Time limits for legal action

Usually there are time limits (called 'limitation periods') for making a claim in a court or tribunal. For many court actions at ACT level, these are set out in the Limitation Act 1985 (ACT).

It is important to get legal advice about time limits as soon as there is the possibility of making a claim. The discussion that follows only indicates the types of limits that may apply.

Time limits for various matters are also discussed throughout the ACT Law Handbook Online.

Criminal cases

A. ACT

A prosecution must be commenced within six months for summary offences, but there is no time limit for indictable offences.

B. Commonwealth

Section 15B of the Crimes Act 1914 (Cth) sets out limitation periods for prosecution of offences against the Commonwealth:

• For individuals - If the maximum penalty is (or includes) six months imprisonment or more (in the case of a first conviction) - no limitation period applies. Otherwise, 12 months after the commission of the offence.
• For bodies corporate: If the maximum penalty is (or includes) a fine of more than 150 penalty units (in the case of a first conviction) - no limitation period applies. Otherwise, 12 months after the commission of the offence.

Subsection 15B(3) clarifies that any law of the Commonwealth can provide for a longer limitation period for an offence than those periods specified in s 15B.

Civil actions

A. ACT Limitation Act 1985

Under the Limitation Act 1985 (ACT), a civil action must usually be commenced within six years after the date on which it could first have been taken; that is, after the date the incident happened or the damage became apparent.

There are exceptions to this. For example, actions based on a deed, and actions to recover money or other property under a court judgment, have a 12 year limit.

For personal injury the limit is three years, although it can be extended in certain circumstances. Defamation proceedings must generally be brought within one year.

B. Time limits in other Acts

There are also limits set out in other Acts. For example:

• claims made under the Victims of Crime (Financial Assistance) Act 1983 must be filed in the Magistrate's Court within 12 months of the relevant injury or property damage.
• third party motor vehicle accident claims under the Road Transport (Third-Party Insurance) Act 2008 (ACT), where the at-fault vehicle cannot be identified or is not insured for CTP, must be made with the Nominal Defendant (ACTIA) within three months after the day of the accident. For more information see CompulsoryThirdParty Insurance Claims.

Always check the relevant Act for any time limits.

C. Extensions of time

Sometimes -- not always -- the law allows a time limit to be extended if special conditions are satisfied. However, it is not safe to rely on getting an extension. It is important to find out what the relevant time limit is and to take steps to resolve a legal problem without delay.

D. Time limits for claims against the Commonwealth

Civil claims

A person wishing to make a civil claim (for example, for negligence or breach of contract) against the Commonwealth can (briefly) commence action in the High Court or in a State or Territory Court having appropriate jurisdiction (Judiciary Act 1903 (Cth) (s 56)).

However, there is no comprehensive limitations legislation dealing with civil actions commenced in courts of federal jurisdiction - the limitation period will be that of the State or Territory where the action is instituted. Thus, if you commence a civil action against the Commonwealth in the ACT Supreme Court, the limitation periods which apply are likely to be those set out above at A.

This area of law is particularly complex; potential claimants are strongly advised to seek legal advice on their specific circumstances.

Legislation-based claims

If the claim against the Commonwealth is made under a particular Act, the legislation itself is likely to set out the applicable limitation period. Again, it is very important to seek legal advice if you are considering making such a claim.

Appeals

A person who is dissatisfied with the decision of a court or tribunal can sometimes appeal to a higher court for a review, although there are a number of restrictions on the right of appeal.

The decision of the highest court is final.

Appeals in civil matters

Appeals in civil matters must be lodged within a short period, usually 21 or 28 days. Appeals are generally limited to a review of errors of law; a higher court will not usually reconsider findings of fact that have been made.

The higher court can either affirm or overrule the lower court's decision, or send the case back to the lower court ('remit' it) to be decided again.

What courts hear appeals?

A. Appeals from ACT courts and tribunals

• Appeals from the Magistrate's Court and most tribunals are heard by the Supreme Court.
• Appeals from the ACT Civil and Administrative Tribunal (ACAT) are heard by the ACAT Appeals Tribunal.
• An appeal against a decision of a single Supreme Court judge may be made to the Court of Appeal, consisting of three members of the Supreme Court.
• In criminal cases, appeals from the Magistrate's Court go to the Supreme Court and appeals from the Supreme Court go to the Supreme Court of Appeal.
• Appeals from the ACT Court of Appeal and the ACT Court of Criminal Appeal can, in special circumstances, go to the High Court of Australia.
• Appeals from the Family Court go first to a full bench of the Family Court (three judges), then, in special circumstances, to the High Court.
• Appeals from Commonwealth tribunals go to the Administrative Appeals Tribunal and then to the Federal Court.
• Appeals from the Federal Court, where normally one judge decides a case, can be taken first to a full bench of the full Federal Court (three judges), then, in special circumstances, to the High Court.

B. Appeals from Commonwealth courts and tribunals

C. Appeals to the High Court

Appeals to the High Court are only possible if the High Court gives permission. This is called special leave, and is given after a preliminary hearing when two or three judges of the High Court consider whether the issues are sufficiently important in the development of law in Australia to justify the appeal.

Appeals in criminal cases

See CriminalOffencesInfringementsAndPenalties (and surrounding chapters) for information on appeals in criminal cases.