| THE STRUCTURE OF THE NEW SOUTH WALES COURT SYSTEM | |
| Introduction |
|
|
The primary role of a State court is to deal with State law. There are three tiers in the general court system in NSW : the first tier comprises the Local Court,1 the second or intermediate tier is the District Court 2 and the third or highest tier is comprised of the Supreme Court.3 There are other tribunals and courts in NSW that deal with special categories of disputes including the:
|
|
| LOCAL COURT | |
|
The Local Court is the first tier in the State court hierarchy and is administered by the Attorney General's Department. Its jurisdiction encompasses the majority of criminal and summary prosecutions, civil matters with a monetary value up to $40,000 and a range of specialist functions, such as Children's Court (care proceedings and juvenile prosecutions), family law and coronial matters. There are 160 Local
Courts dealing with a wide range of legal matters both criminal and
civil in nature. A magistrate is
the presiding judicial officer of a Local
Court and has legal qualifications but is not a judge. |
|
|
DISTRICT COURT |
|
|
The District Court is the next highest court after the Local Court. It is presided over by a judge. Most large population centres have a District Court sitting at least part of the year. District Court judges predominately come from the ranks of the legal profession, usually barristers, Some judges were solicitors or academics before their appointment to the Court. In criminal trials, there will often be a jury of 12 people. While the jury decides on the accused's guilt or innocence, the judge controls proceedings and decides questions of law. The judge also passes down the sentence if the accused is found guilty beyond reasonable doubt. The civil jurisdiction
of the District Court is limited to amounts that do not exceed $750,000.
The Court also hears all motor vehicle cases, regardless of the amount
claimed. The District Court can hear appeals from decisions of the Local
Court and can overturn a magistrate's decision. |
|
|
SUPREME COURT |
|
|
The Supreme Court of New South Wales operates on two levels: a divisional level and an appellate level.
|
|
| LAND and ENVIRONMENT COURT | |
|
The Land and Environment Court was established as a superior court of record, and it ranks equivalent to the Supreme Court in the hierarchy of courts in NSW.
|
|
| INDUSTRIAL RELATIONS COMMISSION | |
| The
Industrial
Relations Commission, conciliates and arbitrates to resolve industrial
disputes, sets conditions of employment and fixes wages and salaries by
making industrial awards, approves enterprise agreements and decides claims
of unfair dismissal. |
|
|
Reference: Carvan, J, 1999, Understanding the Australian Legal System 1999, LBC Information Services, Australia |
|
|
____________________________________________
District
Court Supreme
Court Industrial
Relations Commission Land
and Environment Court Compensation
Court Drug
Court Children's
Court Coroner's
Court Dust
Diseases Tribunal Administrative
Decisions Tribunal Consumer,
Trader and Tenancy Tribunal - formerly the Fair Trading Tribunal and
the Residential Tribunal Victim's
Compensation Tribunal |