Magistrates court (Northern Territory)

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The magistrates' court is the generic name given to a lower court constituted by magistrates and justices of the peace in the Northern Territory, a territory of Australia. There is no actual magistrates court, and the reference to the court is usually a reference to the building. The magistrates court are the first tier in the Northern Territorian court system. The magistrates also have jurisdiction to hear matters in a number of other courts, such as the Juvenile Court, the Family Matters Court, Local Court, Small Claims Court and the Work Health Court.

Northern Territory federal territory of Australia

The Northern Territory is an Australian territory in the central and central northern regions of Australia. It shares borders with Western Australia to the west, South Australia to the south, and Queensland to the east. To the north, the territory looks out to the Timor Sea, the Arafura Sea and the Gulf of Carpentaria, including Western New Guinea and other Indonesian islands. The NT covers 1,349,129 square kilometres (520,902 sq mi), making it the third-largest Australian federal division, and the 11th-largest country subdivision in the world. It is sparsely populated, with a population of only 246,700, making it the least-populous of Australia's eight states and major territories, with fewer than half as many people as Tasmania.

Australia Country in Oceania

Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It is the largest country in Oceania and the world's sixth-largest country by total area. The neighbouring countries are Papua New Guinea, Indonesia and East Timor to the north; the Solomon Islands and Vanuatu to the north-east; and New Zealand to the south-east. The population of 25 million is highly urbanised and heavily concentrated on the eastern seaboard. Australia's capital is Canberra, and its largest city is Sydney. The country's other major metropolitan areas are Melbourne, Brisbane, Perth and Adelaide.

Contents

Constitution

Magistrates courts can be constituted by a stipendiary magistrate or by justices of the peace. The Administrator of the Northern Territory may appoint stipendiary magistrates under the Magistrates Act (NT). The administrator may also appoint a Chief Stipendiary Magistrate and Deputy Chief Stipendiary Magistrates. A stipendiary magistrate receives payment by way of a salary for performing those duties.

Stipendiary magistrate

Stipendiary magistrates, magistrates in receipt of a stipend, were the most junior judges in the Scottish judiciary. As of 2014 there were only 4.9 full-time equivalent posts and the only court they sit in was the Justice of the Peace Court in Glasgow. The Courts Reform (Scotland) Act 2014, passed by the Scottish Parliament, abolished the post with the creation of the new post of summary sheriff.

Administrator of the Northern Territory representative of the Australian government in the Northern Territory

The Administrator of the Northern Territory is an official appointed by the Governor-General of Australia to represent the government of the Commonwealth in the Northern Territory. He or she performs functions similar to those of a state governor.

Justices of the Peace may specifically sit as the Court of Summary Jurisdiction. In certain cases, there must two justices sitting together. In other cases, a justice can sit alone. Justices are an honorary appointment, and so are not paid for their service to the courts.

Types of magistrates' courts

Criminal cases are dealt with by the Court of Summary Jurisdiction of the Northern Territory. The court is established under the Justices Act (NT). These are the less serious criminal cases. In certain cases, a single justice of the peace may deal with a criminal matter if both the prosecution and the defendant agree. In serious cases (e.g. Murder), the court must commit the person for trial to the Supreme Court of the Northern Territory. The Local Court of the Northern Territory deals with civil cases. It is established under the Local Courts Act (NT). It can hear debt and damage claims up to a maximum of $100,000. Amounts under $10,000 are heard in the Small Claim Division of the court. The local court has the power to grant adoptions and determine appeals against decisions of certain statutory officers. A magistrate constitutes this court. The Youth Justice Court is established by the Youth Justice Act (NT). It hears charges against young offenders. A Youth is a person who is under the age of 18 at the time of being charged or appearing before the court The Community Court of the Northern Territory aims to achieve community involvement in the sentencing process and to broaden the sentencing process .

Supreme Court of the Northern Territory

The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters. It is around the middle of the Australian court hierarchy.

The Local Court of the Northern Territory is a court in the Northern Territory which has jurisdiction over civil disputes up to A$100,000.

The Family Matters Court of the Northern Territory is established under the Community Welfare Act (NT). It makes orders in respect of the welfare or guardianship of children considered to be in need of care. The court is constituted by a Magistrate.

The Work Health Court of the Northern Territory deals with workers' compensation claims. Each Magistrate constitutes the court, and in certain circumstances, a judicial registrar or a registrar may also constitute the court.

Workers compensation insurance for injuries during employment, in exchange for relinquishing the right to sue the employer

Workers' compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue their employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain". One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that, and thus to ensure security of compensation to the workers. Individual immunity is the necessary corollary to collective liability.

The Alcohol Court of the Northern Territory deals with alcohol dependency that leads to crime to reduce the incidence of crime, help to rehabilitate offenders, and improve health and social amenity.

Magistrates also hold the office of the Coroner. The administrator may also appoint a Territory Coroner under the Coroners Act (NT). Coroners hold inquests into deaths.

All Law in the Northern Territory falls under Commercial Code providing Criminal Acts in Statute Law. Common Law has been unused in the Northern Territory for at least 25 years. Constitutional Law is not valid under the Magistrates Courts of the Northern Territory, all laws are created in Legislation or Commercial Statutes.

Locations

Current magistrates

The current Chief Magistrate is Dr John Lowndes CM.

Stipendiary Magistrates located at Darwin are:

Stipendiary Magistrates located at Alice Springs

Stipendiary Magistrates located at Katherine

Related Research Articles

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Justice of the peace judicial officer, of a lower or puisne court, elected or appointed by means of a commission (letters patent) to keep the peace

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