The reference resulted from submissions made by the Law Society of Western Australia that the Act and the Rules, which are derived from 19th century English legislation, were out of date. At the time of the reference, a number of reviews of court systems in Australia and other jurisdictions had been undertaken. Some of these jurisdictions had effected substantial modifications to court structures or procedures. This reference complemented the Commission’s general reference to review the Justices Act 1902 (WA) which regulates the procedure of the Courts of Petty Sessions (Project No. 55). The two projects together constituted a study of the entire inferior court system in Western Australia.
Outcomes
The reference resulted from submissions made by the Law Society of Western Australia that the Act and the Rules, which are derived from 19th century English legislation, were out of date. At the time of the reference, a number of reviews of court systems in Australia and other jurisdictions had been undertaken. Some of these jurisdictions had effected substantial modifications to court structures or procedures. This reference complemented the Commission’s general reference to review the Justices Act 1902 (WA) which regulates the procedure of the Courts of Petty Sessions (Project No. 55). The two projects together constituted a study of the entire inferior court system in Western Australia.
