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Box 6.1
Criminal
Magistrates court jurisdiction across states and territories
All magistrates courts deal with criminal matters that can be decided without a jury and
committal proceedings. There are, however, differences across jurisdictions:
NSW: Deals with matters with a maximum penalty of up to two years imprisonment for
a single offence, and up to five years imprisonment for multiple offences.
Victoria: Hears and determines some indictable offences (if the court is of the opinion
that the charge is appropriate to be dealt with summarily, and the defendant consents).
Queensland: Deals with matters with a maximum penalty of up to three years
imprisonment, including some indictable offences dealt with summarily.
WA: Hears and determines some indictable offences (if the court is of the opinion that
the charge can be dealt with summarily).
SA: Deals with matters with a maximum penalty of up to two years imprisonment,
juvenile prosecutions and intervention orders (including breaches).
Tasmania: Deals with matters with a maximum penalty of up to two years
imprisonment, including some indictable offences dealt with summarily.
ACT: Deals with matters with a maximum penalty of up to 14 years imprisonment if the
offence relates to money or property, and up to 10 years imprisonment in other cases.
NT: deals with some drug and fraud charges and matters with a maximum penalty of
up to 10 years imprisonment (or 10–14 years imprisonment if the accused consents).
Civil
NSW: Deals with small claims up to $10 000 and general division claims up to $60 000,
as well as family law matters.
Victoria: deals with up to $100 000 for monetary damages, as well as applications for
equitable relief and applications under the Crimes (Family Violence) Act 1987.
Queensland: Deals with small claims (including residential tenancy disputes) up to
$7500, minor debt claims up to $7500 and other claims up to $50 000.
WA: Deals with claims for debt recovery and damages (other than personal injury) up
to $25 000. It has a small disputes division and deals with residential tenancy disputes.
SA: Deals with small claims up to $5000, commercial cases up to $30 000 and
personal injury claims up to $60 000.
Tasmania: Deals with claims up to $20 000 for monetary damages and debt recovery,
minor civil claims up to $5000, residential tenancy disputes and restraint orders.
ACT: Deals with small claims up to $10 000, workers compensation claims, some
family law matters, other claims up to $50 000 and matters under the Domestic
Relations Act 1994.
NT: deals with claims up to $100 000 and workers compensation claims.
Sources: State and Territory court administration authorities and departments.
COURT
ADMINISTRATION
6.3