Handbook and Services Guide 2016

Transcription

Handbook and Services Guide 2016
Handbook and
Services Guide 2016
Department of the Attorney General
Handbook and Services Guide 2016
This Handbook and Services Guide incorporates the
Department’s Information Statement as required under the
Freedom of Information Act 1992.
This publication is a guide to the services provided by the
Western Australian Department of the Attorney General
in 2016. The Handbook and Services Guide also identifies
the extensive body of information which the Department
makes available to the public.
The Guide is designed to assist people understand their
rights and responsibilities under Western Australian law and
to understand the justice system. It does this by providing
information on services available through the Department
and where and how to access them.
While correct at the time of printing, information may be
subject to change during the year. The information is also
available on the Department’s website at:
www.dotag.wa.gov.au which is updated regularly.
Suggestions for the inclusion of information in future
editions can be directed to the Public Affairs Branch on
9264 6137.
Department of the Attorney General
GPO Box F317
PERTH WA 6841
Phone:
9264 1600
Web:
www.dotag.wa.gov.au
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From the Director General
Providing services to Government and the community
This Handbook is a guide to the services
provided by the Department in 2016
and provides information about how to
access them.
The Department is responsible to the
Attorney General, the Hon Michael
Mischin MLC, and provides the following
services to the State Government and
people of Western Australia:
• the administration of courts, tribunals
and boards
• the registration of births, deaths,
marriages and changes of name
• advocacy, guardianship and
administration services
The 2016 Handbook consists of two
sections. The first section gives an
outline of the Department’s role and
function and the following section is a
summary of services provided, including
contact information.
In providing these services the
Department remains committed to
its core values of excellent service,
integrity and accountability, equity and
fairness, collaboration and learning and
professional autonomy.
I am sure you will find the information
in the handbook useful and additional
information and assistance can be found
on our website www.dotag.wa.gov.au.
• trustee services
• legal, legislative drafting, policy
and multi-agency coordination for
government.
Cheryl Gwilliam
Cheryl Gwilliam
DIRECTOR GENERAL
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Contents
ABOUT THE DEPARTMENT ......................6
Employment Opportunities ................18
Role of the Department .......................7
Attorney General .................................7
Accountable Authority ........................7
Corporate Structure .................................8
Volunteers .............................................21
Court Counselling and Support.........21
Court Welfare Service........................21
Justices of the Peace .........................22
Office of the Public Advocate...........22
Services to Government .......................9
Parliamentary Counsel’s Office ...........9
State Solicitor’s Office........................10
Policy and Aboriginal Services .........10
Commissioner for Victims of Crime ..11
Access and Information Services .......12
Freedom of Information (FOI) .........12
Access to information available
to the public ....................................12
Access to personal information .....13
Amending personal information ...13
Access to non-personal
information ......................................13
Notification of decisions to access
information and review rights .......14
Access to employee information...14
Other Corporate Information ............15
Public Interest Disclosure .................15
Making a public
interest disclosure ..........................16
Complaints and feedback ................16
Website ..............................................17
Disability Access ................................17
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COMMUNITY SERVICES .........................23
Aboriginal Services ..............................24
Aboriginal Justice Program ...............24
Aboriginal Mediation Service ...........24
Advocacy, Guardianship and
Administration Services ......................25
Public Advocate ................................25
Birth, Death, Marriage and
Change of Name Registrations..........27
Marriage ceremonies ........................27
Certificates..........................................27
Commemorative birth certificates ...28
Change of name - registration
and certificates ..................................28
Court and Tribunal Services ................31
How courts work ...............................31
Attending court ............................. 31
Criminal and civil court case
procedures .........................................32
Criminal matters..............................32
Civil and administrative matters ...32
Other Court Services..........................33
Court child-minding ........................33
Court Risk Assessment Directorate ..33
Court video-link ...............................34
Court Welfare Service ................... 34
Aboriginal liaison officers ...............35
Jury services.....................................35
Courts.....................................................36
Supreme Court ...................................36
Family Court .......................................37
Counselling.........................................38
District Court ......................................38
Children’s Court ..................................40
Magistrates Court ..............................41
Magistrates Court Stirling Gardens ..46
Drug Court ..........................................46
Family Violence .................................47
Mental Health Court ..........................48
Coroner’s Court...................................49
Tribunals ................................................50
State Administrative Tribunal ...........50
Boards ...................................................51
Gender Reassignment Board ...........51
Mentally Impaired
Accused Review Board ....................52
Prisoners Review Board....................52
Supervised Release
Review Board ....................................53
Fines and Enforcement Services........54
Sheriff’s Office ....................................54
Fines Enforcement Registry ......... 54
Justices of the Peace ...........................56
Trustee Services ...................................57
Public Trustee.....................................57
Wills ..................................................57
Give2Good .......................................57
Deceased estate administration ....57
Executor assist .................................57
Trust management .........................57
Private administrator support ........58
Grants ....................................................59
Criminal Property
Confiscation Grants............................59
Victim Services .....................................60
Support for victims..........................60
Preparing a victim
impact statement ...........................60
Victim Support Service ......................63
Family Violence Service ....................63
Child Witness Service ........................64
Criminal Injuries Compensation .......65
Related Service Providers...................67
Index ......................................................68
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ABOUT THE DEPARTMENT
HEADING
6
Role of the Department
The Department of the Attorney General manages critical aspects of the Western
Australian justice system and various State Government legal responsibilities.
The key services of the Department are
to provide:
• the administration of courts, tribunals
and boards
• the registration of births, deaths,
marriages and changes of name
• advocacy, guardianship and
administration services
• trustee services
• legal, legislative drafting, policy
and multi-agency co-ordination for
government.
Attorney General
Hon Michael Mischin MLC
Attorney General; Minister for Commerce
Dumas House
2 Havelock Street
WEST PERTH WA 6005
Phone: 6552 5600
Fax:
6552 5601
Accountable Authority
Cheryl Gwilliam
Director General
Department of the Attorney General
GPO Box F317
PERTH WA 6841
Phone: 9264 1833
Fax:
9264 1121
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HEADING
Corporate Structure
Director General
Cheryl Gwilliam
Management Assurance – Manager: Duska Separovic
Advisory Services – Manager: Mark Hainsworth
Public Affairs – Manager: Michelle Downie
Policy and Aboriginal Services – Director: Bob Taddeo
Develops policy and legislation for the State Government and information for
Departmental business areas. Aboriginal mediation and Aboriginal Justice Program.
Commissioner for Victims of Crime – Commissioner: Jennifer Hoffman
Provides strategic advice on issues surrounding victims of crime in WA.
Court and Tribunal Services – A/Executive Director: Joanne Stampalia
Courts, tribunals and boards, victim support, court security, fines enforcement
and Justices of the Peace.
Parliamentary Counsel’s Office – Parliamentary Counsel: Geoffrey Lawn
Legislative drafting services to Government and to private Members of Parliament.
Office of the Public Advocate – Public Advocate: Pauline Bagdonavicius
Advocacy and investigation, guardianship and community education services
on behalf of adults with decision-making disabilities.
Public Trustee – Public Trustee: Brian Roche
Trustee services to the WA community.
Registry of Births, Deaths and Marriages – Registrar: Brett Burns
Creates and stores birth, death and marriage records and change of name
records and conducts civil marriages.
State Solicitor’s Office – State Solicitor: Paul Evans
Legal services to Government.
Corporate Services – Executive Director: Bill Hewitt
Asset management and contracts, business services, financial management,
human resources and information services.
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Services to Government
Parliamentary Counsel’s Office
The Parliamentary Counsel’s Office
provides comprehensive legislative
drafting and related services to the
State Government, its departments and
agencies and to private members of
Parliament. The services include:
• maintaining an electronic database of
Acts and subsidiary legislation of the
State so that past and current versions
of those laws are readily accessible by
the public, government agencies and
the judiciary
• preparing drafts of bills for ministers
for introduction into State Parliament
according to the Government’s
legislative program
• making its legislative drafting services
available to private members of
Parliament and to facilitate the work
of parliamentary committees.
• preparing draft subsidiary legislation
for ministers and Government
agencies so the Acts they administer
can be fully implemented and properly
administered
Contact
• compiling and consolidating texts of
Acts and subsidiary legislation of the
State so that those laws are reprinted
and available for those who must
comply with, apply, or enforce them
Parliamentary Counsel’s Office
Level 13, Westralia Square
141 St Georges Terrace
PERTH WA 6000
Phone: 9264 1444 Fax: 9321 2410
Email: [email protected]
Web: www.dotag.wa.gov.au
During 2016, the Parliamentary Counsel’s Office
will move location to 28 Barrack Street, Perth.
• maintaining and arranging publication
of the WA legislation information
tables
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State Solicitor’s Office
Policy and Aboriginal Services
The State Solicitor’s Office provides
broad-based legal services to the
Government of Western Australia and
many State Government departments,
instrumentalities and agencies.
The Policy and Aboriginal Services
Directorate is responsible for strategic
policy and legislation projects to support
the Attorney General’s wide-ranging
reform agenda and the provision of
effective justice services in Western
Australia. The key functions are:
These legal services include:
• conducting litigation
• providing legal advice
• representing clients in courts and
tribunals
• preparing a range of legal documents,
including contracts, agreements and
court documents.
The office also advises the Attorney
General on legal matters, including those
relating to law reform.
The State Solicitor’s Office is not permitted
to provide legal advice to private
individuals or businesses. If you require
legal assistance contact a private solicitor
or a public law body such as Legal Aid
WA.
Contact
State Solicitor’s Office
Level 16, Westralia Square
141 St Georges Terrace
PERTH WA 6000
Phone: 9264 1888 Fax: 9264 1111
Web: www.dotag.wa.gov.au
During 2016, the State Solicitor’s Office will move
location to 28 Barrack Street, Perth.
• facilitating the amendment of legislation
to reform criminal and civil law and
procedure
• developing policy initiatives to
improve justice-related outcomes for
all members of the community and
developing initiatives that improve
justice outcomes for Aboriginal people
• providing policy advice to the Director
General and the Attorney General to
assist them in their roles
• undertaking reviews, evaluation and
research to recommend improvements
to and future directions for policy,
legislation and services
• conducting research and statistical
analysis of current justice issues and
trends
• administration of the Aboriginal Justice
Program and Aboriginal Mediation
Service
• providing administrative support to the
Law Reform Commission of Western
Australia.
Contact
Policy and Aboriginal Services Directorate
Department of the Attorney General
Level 12, Westralia Square
141 St Georges Terrace
PERTH WA 6000
Phone: 9264 6105 Fax: 9264 6114
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During 2016, Policy and Aboriginal Services
Directorate will move location to 28 Barrack
Street, Perth.
Commissioner for Victims of Crime
Commissioner for Victims of Crime
The Commissioner for Victims of Crime
has particular responsibility to ensure
members of the public and government
agencies are aware of the Victims of
Crime Act 1994 and their corresponding
rights and responsibilities under that Act.
The Commissioner:
• provides high level advice and
expertise to the Director General
and the Attorney General on issues
surrounding victims of crime in
Western Australia
• monitors and reviews the effect of
all elements of the justice system
on victims of crime with a particular
focus on police and court practices and
procedures
• builds and sustains effective
communication and working
relationships with key stakeholders,
victims of crime, government agencies
and industry representatives.
Information available
Videos
Videos aimed to help victims of crime
navigate through elements of the
criminal justice system and to raise
awareness of available support services
can be accessed via the Department
of the Attorney General website at
www.dotag.wa.gov.au > About the
Department > Services to Government >
Commissioner for Victims of Crime.
Contact
Commissioner for Victims of Crime
Department of the Attorney General
GPO Box F317
PERTH WA 6841
Phone: 9264 6324 Fax: 9264 1836
Email:
[email protected]
During 2016, the Office of the Commissioner for
Victims of Crime will move location to
28 Barrack Street, Perth.
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Access and Information Services
Freedom of Information (FOI)
The Western Australian Freedom of Information (FOI) Act 1992 allows access to
information held by the Department of the Attorney General. Under the Act, the
Department is required to deal with applications for information within 45 days of
receipt.
The FOI Act encourages an open and
transparent Government through the
release of documents and information.
For complete details of the FOI process,
visit www.dotag.wa.gov.au.
The FOI Act is not the only process
through which Departmental
documentation can be released to the
public. Prior to lodging a FOI access
application, people can contact us to
check if an existing procedure for release
of information is already in place.
Access to information available
to the public
All FOI applications made to the
Department are co-ordinated by a FOI
officer. The officer can also assist with
requests for documents available for
purchase or free of charge.
No information requested through a FOI
request can be released over the phone.
A FOI application should include as much
information as possible as this will help
us locate relevant information.
There are a number of FOI co-ordinators
who respond to information applications.
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To arrange to inspect Department
information available to the public,
contact the appropriate FOI co-ordinator.
Knowledge Management and
Compliance Branch
Department of the Attorney General
GPO Box F317
PERTH WA 6841
Phone: 9264 1124 Fax: 9264 1155
Web: www.dotag.wa.gov.au
Office of the Public Advocate
PO Box 6293
EAST PERTH WA 6892
Phone: 1300 858 455 Fax: 9278 7333
Web: www.publicadvocate.wa.gov.au
Public Trustee
GPO Box M946
PERTH WA 6843
Phone: 1300 746 116 Fax: 9222 6627
Web: www.publictrustee.wa.gov.au
State Administrative Tribunal
GPO Box U1991
PERTH WA 6845
Phone: 9219 3111 Fax: 9325 5099
Web:
www.sat.justice.wa.gov.au
State Solicitor’s Office
GPO Box B83
PERTH WA 6838
Phone: 9264 1888 Fax: 9264 1111
Web: www.dotag.wa.gov.au
Access to personal information
Applications for your personal
information must be made in writing.
Fees and charges do not apply.
Access to non-personal
information
All FOI applications for non-personal
information must be made in writing,
accompanied by a $30 application fee
and addressed to the appropriate FOI
co-ordinator.
The following additional charges may
apply when processing a FOI application:
Personal information can be:
• time taken with application: $30 per
hour
• factual or routine information, such as
date of birth, length of employment or
qualifications
• supervised access: $30 per hour
• opinions or evaluative material such as
advice or recommendations of a third
party, records of interviews or material
in personnel records.
Amending personal information
The right to amend personal
information held by the Department
ensures personal information does not
unfairly harm the person referred to,
misrepresent facts about them or give a
misleading impression.
Applicants must provide details and, if
necessary, documentation to support
their claim if the information they seek
to amend is inaccurate, incomplete, out
of date or misleading.
• photocopying: $30 per hour (staff
time) and 20c per copy
• transcribing information from tape or
other device: $30 per hour
• duplicating tape, film or computer
information: actual cost
• delivery, packaging and postage:
actual cost.
If charges are expected to be more
than $25, the applicant will be given an
estimate as soon as possible after the
application is received.
The Department reserves the right to
request an advance deposit. A reduction
in charges may be sought in cases of
financial hardship.
Applicants must also show how they
want the amendment to be made within
the options set out in the Freedom of
Information Act 1992.
This includes altering information,
striking out or deleting information,
inserting information and inserting notes
in relation to information.
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Notification of decisions to access
information and review rights
under the FOI Act
The Department will issue a written
notice of its decision to an applicant
within 45 days of receipt of a request for
information (or 30 days for applications
to amend personal information).
Once the application has been evaluated
a notice advising the applicant of the
manner in which the access has been
provided under the FOI Act is sent out
and may consist of the following:
• full access
• partial access (edited format)
• refused access.
The notice will include the date of the
decision, name and designation of the
decision maker, reasons for deleting
any matter, reasons for deferring access,
arrangements for giving access, reasons
for refusing access to any matter, the
amount and basis for any charges levied
and the rights of review and procedures
to be followed.
An applicant who disagrees with a
decision made by the Department
can submit a written request to the
Department to review the decision
internally, within 30 days of receiving it.
The person who conducts this Internal
Review will be different from, and
not subordinate to, the original
decision maker. Fees do not apply. The
Department must respond with a written
notice of a decision within 15 days.
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If the applicant is still not satisfied they
may lodge a written complaint to the
Government’s independent Information
Commissioner, who reports directly to
the Parliament, for an external review.
This application needs to be lodged with
the Information Commissioner within
60 days of receiving the internal review
decision.
Office of the Information Commissioner
Albert Facey House
469 Wellington Street
PERTH WA 6000
Phone: 6551 7888
Toll free: 1800 621 244
Email: [email protected]
Web: www.foi.wa.gov.au
Access to employee information
Employee, personal and employment
details are stored on the Department’s
electronic human resource management
system and individual personal files.
Photocopies of requested documents can
be provided.
Former employees have similar rights
of access to personal files as do current
staff.
Requests can be made in writing to:
Manager
Information Management and Analysis
Shared Transactional
Human Resources Directorate
Department of the Attorney General
PO Box F317
PERTH WA 6841
Other Corporate Information
Public Interest Disclosure
The Department’s Corporate Services
Division supports a diverse workforce,
a complex range of building assets and
operational needs of the agency.
Under the Public Interest Disclosure Act
2003, any person can report something
they believe is wrong with the way a
public authority, public officer or public
sector contractor is acting, or may be
going to act, which is of public interest.
This support also extends to independent
offices, including the Department of
Corrective Services, the Parliamentary
Inspector of the Corruption and Crime
Commission, Professional Standards
Council, Legal Costs Committee and the
Law Reform Commission.
This might involve:
• improper conduct
• an offence under State laws (including
corruption)
Corporate information
• administration matters
The Department produces a range of
information including:
• irregular or unauthorised use of public
resources
• Annual Report
• substantial mismanagement of public
resources
• Law Almanac (online only)
• Budget papers - Available for purchase
from the State Law Publisher or
through the Department of Treasury
website at
www.ourstatebudget.wa.gov.au
• Corporate records - ministerial
correspondence, ombudsman inquiries,
Parliamentary Counsel files, freedom
of information files and administration
files.
Court documents can be requested from
courts directly.
Public access to corporate records is
subject to a Freedom of Information
application being made.
• conduct that involves a substantial
and specific risk of injury, prejudice
to public safety or harm to the
environment.
A public interest disclosure must always
be in the public interest to report it.
It does not apply to information that
someone has, or is, engaging in criminal
behaviour not connected to their
employment.
The Public Interest Disclosure Act 2003
details what may be disclosed and who
it must be disclosed to. It also provides
for the protection of people who make
a disclosure and those who may be the
subject of a disclosure.
Refer to the Freedom of Information
section for further advice on retrieving
these records via the Freedom of
Information process.
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Making a public interest disclosure
Complaints and feedback
To make a public interest disclosure, a
public interest disclosure form, available
from the Department’s website,
www.dotag.wa.gov.au must be
completed. Completed forms must be
lodged with the Department’s Public
Interest Disclosure Officer.
The Department of the Attorney General
is committed to providing quality
service to Government, agencies and
the WA community and welcomes
your feedback on our performance. The
Department is committed to openness
and transparency and will ensure all
complaints are addressed in a timely
and appropriate manner.
It is recommended that you seek advice
from the Public Sector Commission
or the Department’s Public Interest
Disclosure Officer before making a public
interest disclosure.
Contact
Public Interest Disclosure Officer
Department of the Attorney General
GPO Box F317
PERTH WA 6841
Phone: 9264 6333 (secure confidential
phone line)
Web: www.dotag.wa.gov.au
Public Sector Commission
Locked Bag 3002
WEST PERTH WA 6872
Phone: 6552 8888
Email:
[email protected]
Web:
www.publicsector.wa.gov.au
Information available
Online
• making a disclosure of public interest
• public interest disclosure form
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Your feedback
If you wish to provide a comment,
compliment or complaint about our staff,
procedures or services, you can choose
one of the following feedback options:
• Lodge your feedback via the
Department website
www.dotag.wa.gov.au
• Contact the Customer Feedback
Co-ordinator below via phone, fax,
email or in writing. Alternatively, all
staff members can take your feedback
details and may be able to assist you.
Contact
Customer Feedback Co-ordinator
Department of the Attorney General
GPO Box F317
PERTH WA 6841
Phone: 9264 6270
Fax:
9264 9713
Email: [email protected]
For assistance with an interpreter,
contact the Australian Government’s
approved Translating and Interpreting
Service (TIS) National on 13 14 50 which
is available 24 hours a day, seven days a
week for any person in Australia.
National Relay Service 13 36 77 for TTY/
voice calls.
Please provide your preferred contact
information as well as an alternative.
What will happen next?
We will send acknowledgement of
receipt of your feedback within five
business days with information on how
to obtain further updates if required.
If your feedback requires a response,
we will aim to contact you within 10
business days.
Website
The Department’s website provides
information about the following areas:
•
•
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About the Department
Births, Deaths and Marriages
Commissioner for Victims of Crime
Court and Tribunal Services
Parliamentary Counsel
Policy and Aboriginal Services
Public Advocate
Public Trustee
State Solicitor
The website also includes quick links and
feature items to navigate directly to the
most frequently information sought.
Contact
Public Affairs
Department of the Attorney General
GPO Box F317
PERTH WA 6841
Phone: 9264 6137
Fax:
9264 1836
Web:
www.dotag.wa.gov.au
Disability access
The Department of the Attorney General
is committed to ensuring that people
with disabilities, their families and carers
are able to access the Department’s
services, facilities, employment and
information by providing them with
the same opportunities, rights and
responsibilities enjoyed by all other
people in the community.
The Department’s Disability Access
and Inclusion Plan 2013 - 2018 (DAIP)
details the Department’s disability
services priorities and must be read in
conjunction with the Disability Services
Policy and related plans within business
areas. The plan is available from:
www.dotag.wa.gov.au.
The Department’s plan broadly reflects
the public sector’s aim to ensure
people with disabilities, their carers
and families, have the same rights
and opportunities as other community
members to access the services provided
by our agencies.
If you have any queries about accessing
information, services or buildings/
facilities please contact the DAIP
Co-ordinator on 9264 6270 or select the
‘Feedback’ link on:
www.dotag.wa.gov.au.
Information available
The Disability Access and Inclusion Plan
2013 - 2018 can be made available in a
variety of formats on request.
17
Employment Opportunities
There are countless ways to develop your career at the Department of the Attorney
General. It is one of the most diverse public sector organisations in WA, providing a
variety of legal, justice and related services to Government and the community.
The Department is an equal opportunity
employer and we strongly encourage
people from diverse backgrounds to join
us.
Employment opportunities are
advertised on www.dotag.wa.gov.au and
www.jobs.wa.gov.au.
The Department also advertises through
various local and national newspapers.
Appointment to all positions within
the Department is subject to criminal
records screening. Strict safeguards and
confidentiality requirements are in place
to protect the rights of all individuals
screened.
Aboriginal Services
Aboriginal Services furthers the interest
of Aboriginal people through its leading
role in the Aboriginal Justice Program,
the Aboriginal Mediation Service and
the Aboriginal Traineeship Program.
This program provides a 12-month
structured workplace-based traineeship
at certificate level. Staff have the
opportunity to play an important role in
improving the lives of Aboriginal people.
Corporate Support
The range of careers and business areas
include:
Corporate Services staff provide support
services across the Department. This
Division has excellent career prospects
for people working in many fields of
corporate support including:
Policy
• accounting
As part of the policy area you could
be involved in strategic policy and
legislation projects that support the
Attorney General’s wide-ranging reform
agenda and the provision of effective
justice services. Our roles are aimed at
people who have a strong background in
policy development, research, statistics
and evaluation.
• administrative support
• contract and asset management
• finance
• human resources
• information technology
• internal auditing
• policy development
• project management
• public affairs.
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Court and Tribunal Services
Court and Tribunal Services is responsible
for ensuring the delivery of an effective
justice system.
There are a variety of challenging and
fulfilling roles in courts, including:
• administration officers
• business analysts
• case management officers
• customer service officers
• fines enforcement staff
• jury officers
• roles supporting the judiciary
• victim support workers and
counsellors.
Office of the Public Advocate
The Office of the Public Advocate
protects and promotes the rights of
adults with a decision-making disability,
to reduce their risk of exploitation, abuse
and neglect. The two main roles of the
Office of the Public Advocate are:
• Investigator advocates: who conduct
investigations to determine if a person
needs a guardian and/or administrator
appointed.
• Guardians: who make decisions in
the best interests of adults with a
decision-making disability, when the
State Administrative Tribunal appoints
the Public Advocate as their guardian
of last resort.
Parliamentary Counsel’s Office
The Parliamentary Counsel’s Office
employs specialist lawyers who provide
comprehensive legislative drafting
and related services to Government to
prepare legislation which gives effect to
Government policy and priorities.
Officers also provide drafting services to
private members of Parliament.
Career opportunities are also available in
administrative support.
Public Trustee
The Public Trustee provides professional
and independent trustee and
management services. Employment
opportunities include:
• administering deceased estates
• helping establish enduring powers of
attorney
• helping people to prepare wills
• overseeing the financial and legal
affairs of people who cannot make
these decisions themselves.
19
Registry of Births, Deaths
and Marriages
The Registry’s purpose is to create and
preserve an accurate, permanent and
confidential record of births, deaths,
marriages and changes of name that
occur in Western Australia.
A range of careers are offered in:
• helping with family research
• managing demographic records critical
to progressing the State’s planning
State Solicitor’s Office
The State Solicitor’s Office is a leading
WA law office which provides a broad
range of legal services to the WA
Government, its departments and
agencies. These services include legal
advice, representation as counsel in
courts and tribunals, the preparation
of legal documents and the conduct of
litigation.
Career opportunities include:
• civil marriage ceremonies
• lawyers (from restricted practice to
partner equivalent level)
• registering births, deaths, marriages
and changes of name.
• articled clerks and legal officer trainees
• law clerks and paralegals
• legal assistants and legal secretaries
• researchers.
20
Volunteers
The Department of the Attorney General has a variety of volunteers who provide a
range of support to its various services. Volunteers also provide expertise and input
into Department projects and initiatives through community reference groups.
Court Counselling and Support
Court Welfare Service
Volunteers are engaged in the Family
Violence Service, Victim Support
Service and Child Witness Service
where they provide support and court
companionship to victims of family and
domestic violence, victims of crime
and child witnesses required to give
evidence or who may otherwise be
attending court.
The Court Welfare Service is a volunteer
organisation that offers advice, support
and referrals to people who are involved
in the WA courts system. It also supports
the daily running of the court. Court
welfare officers are trained volunteers
who, after six months’ supervision, are
rostered to attend court at least one
morning each week for a year. No prior
legal knowledge or training is needed,
but a police clearance is required.
This support includes court preparation,
assistance with violence restraining
order applications, court familiarisation,
keeping victims informed of court dates
and outcomes and providing general
information about the services available.
Volunteers undergo extensive training
and are supported by a professional
team.
Contact
Contact
Court Welfare Service
Level 4, Central Law Courts
501 Hay Street
PERTH WA 6000
Phone: 9425 2356
Monday to Friday 9am - 12pm
Co-ordinator Volunteer Services
Victim Support and Child Witness Service
Department of the Attorney General
Level 2, District Court Building
500 Hay Street
PERTH WA 6000
Phone: 9425 2850
21
Justices of the Peace
Justices of the Peace are volunteers who
undertake a range of administrative
duties in the community including
swearing, affirming and declaring
documents. Other administrative duties
relate to bail applications and issuing
search warrants.
At many court locations throughout the
State, Justices of the Peace are required
to perform judicial duties presiding in
magistrates courts.
Contact
Manager, Justices of the Peace Branch
Department of the Attorney General
GPO Box F317
PERTH WA 6841
Phone: 9425 2827 Fax 9425 2771
Email: [email protected]
Web: www.courts.dotag.wa.gov.au
22
Office of the Public Advocate
Volunteers in the Office of the Public
Advocate’s Community Guardianship
Program are matched with an adult with
a decision-making disability for whom
the Public Advocate has been appointed
as the guardian of last resort.
Once appointed by the State
Administrative Tribunal, the community
guardian’s role is to make informed
decisions in the person’s best interests.
Contact
Community Guardianship
Program Co-ordinator
Office of the Public Advocate
Phone: 1300 858 455
Web: www.publicadvocate.wa.gov.au
COMMUNITY SERVICES
23
Aboriginal Services
The Department of the Attorney General is committed to developing culturally
relevant policy, programs and services for Aboriginal people. The Policy and
Aboriginal Services Directorate co-ordinates and facilitates engagement with the
Aboriginal community through various Aboriginal justice programs.
It is also responsible for administering the Aboriginal Mediation Service.
Aboriginal Justice Program
The Department’s major Aboriginal
justice initiatives aim to address specific
targets including:
• lack of motor vehicle licences
• compounding of fine and infringement
defaults.
The targets aim to reduce the
involvement of Aboriginal people in the
criminal justice system.
Contact
Policy and Aboriginal Services
Directorate
Department of the Attorney General
GPO Box F317
PERTH WA 6841
Phone: 9264 6105 Fax: 9264 6114
Web: www.dotag.wa.gov.au
Aboriginal Mediation Service
The Aboriginal Mediation Service (AMS)
provides culturally appropriate dispute
resolution services to Aboriginal and
Torres Strait Islander people. The aim is
to assist in addressing conflict or disputes
between individuals and/or groups,
including families and communities.
Mediation through AMS requires all
parties to commit to
24
voluntarily participate in good faith.
Parties work towards resolving their
dispute and attempt to reach outcomes
that everyone can live with. The service
aims to assist people resolve conflicts
before they escalate into violence or
result in court action. If the service
cannot assist in resolving a dispute,
the service will make every attempt to
provide information about appropriate
agencies or support groups that may be
able to assist.
The service works closely with other
agencies to provide a practical approach
to bring peace and reduce the level of
violence between disputing parties.
Information available
Publications
• Aboriginal Mediation Service brochure
• Fact sheet about mediation
Contact
Aboriginal Mediation Service
Department of the Attorney General
GPO Box F317
PERTH WA 6841
Phone: 9264 6150
Freecall: 1800 045 577 Fax: 9264 6114
Web: www.dotag.wa.gov.au
During 2016, Aboriginal Justice Program and Aboriginal Mediation
Service will move location to 28 Barrack Street, Perth.
Advocacy, Guardianship
and Administration Services
Public Advocate
The Public Advocate is an independent statutory officer. The role of the Public
Advocate, appointed under the Guardianship and Administration Act 1990, is to
promote and protect the human rights, dignity and autonomy of adults with a
decision-making disability and to reduce their risk of neglect, exploitation and abuse.
People with a decision-making disability
include people who are unable to make
reasoned decisions due to dementia,
intellectual disability, mental illness
and/or an acquired brain injury.
The Office of the Public Advocate:
• investigates concerns about the abuse,
neglect or exploitation of an adult
with a decision-making disability
and decides whether a guardian or
administrator is required
• provides guardianship services for
personal, lifestyle and/or treatment
decisions on behalf of an adult with
a decision-making disability when a
hearing in the State Administrative
Tribunal determines there is no one
else suitable or willing, and appoints
the Public Advocate as guardian of last
resort
• promotes the guardianship and
administration system and the human
rights of adults with a decisionmaking disability, through a telephone
advisory service, community education
and input into public policy
• conducts a community guardianship
program which matches volunteers
from the community with adults
with decision-making disabilities and
works towards those volunteers being
appointed by the State Administrative
Tribunal as guardian for that person.
Information available
The Office of the Public Advocate
provides information on how to protect
the human rights of adults with a
decision-making disability, as well as
advice and training in the areas of
guardianship, administration, enduring
powers of attorney and enduring powers
of guardianship.
Office of the Public Advocate
publications are available online
at www.publicadvocate.wa.gov.au
Publications include:
Information sheets
• The Guardianship and Administration
System
• Role of the Public Advocate
25
• Role of the State Administrative
Tribunal
• If you can’t make your own decisions,
who will make them for you?
• Guardianship
• Administration
• Annual reports
• Sterilisation
• Your choices to make an Advance
Health Directive and appoint an
enduring guardian
• Public Advocate - customer feedback
and service standards
• Enduring Powers of Attorney
• Enduring Power of Attorney guide
• Enduring Powers of Guardianship
• Enduring Power of Attorney
information kit*
• Planning for the Future.
• Enduring Power of Guardianship guide*
Position statements
• Enduring Power of Guardianship
information kit*
• Decisions about treatment
• Restraint
• Role of the Public Advocate
as guardian of last resort in
accommodation decisions
*Hardcopy versions can be purchased
from the State Law Publisher. Call 6552
6000 or email [email protected].
Contact
• Role of the Public Advocate as
guardian of last resort in treatment
decisions
Office of the Public Advocate
PO Box 6293
EAST PERTH WA 6892
• Role of the Public Advocate as
guardian of last resort in contact
decisions
Phone: 1300 858 455
Fax:
9278 7333
Web: www.publicadvocate.wa.gov.au
• Role of the Public Advocate as
guardian of last resort in treatment
decisions: palliative care.
Brochures and guides
• Office of the Public Advocate
• Community Guardianship Program
• Are you worried about a vulnerable
adult who needs help making
decisions? (For Aboriginal people)
26
Telephone Advisory Service
This service provides information
for people who have a personal or
professional interest in the human rights
and needs of adults with a decisionmaking disability, or require information
about enduring powers of attorney and
enduring powers of guardianship.
Available 9am - 4:30pm, Monday to
Friday (recorded information available
24 hours). Phone: 1300 858 455.
Birth, Death, Marriage and
Change of Name Registrations
Registry of Births, Deaths and Marriages
The Registry of Births, Deaths and Marriages creates and permanently stores birth,
death, marriage and change of name records for life events occurring in Western
Australia and performs civil marriages in the Perth Registry Office.
The Registry allows eligible people to
obtain documentary proof of these
key life events for legal, personal
or historical purposes. It also allows
approved organisations to obtain
authorised information for research
purposes.
An appointment for a pre-wedding
interview must be made at least one
calendar month before your ceremony.
Information in the register may be
corrected on application.
Marriage fees
Supporting documentation and payment
of prescribed fees are required.
Marriage ceremonies
The Registry provides civil marriage
ceremonies with minimum formality.
Couples can personalise their ceremony
by introducing additional vows, music or
floral displays.
The waiting and marriage rooms are
well-appointed, with guest seating and
provision for a photographer to move
around and record the special event.
Registry marriages give couples the
option and convenience of a central,
air-conditioned location. Marriage
ceremonies are conducted at 30 minute
intervals between 9:30am - 12pm and
2pm - 3:30pm, Monday to Friday.
These are held between 8:30am 11:30am and 2pm - 3:30pm, Monday to
Friday.
Refer to the Registry website at:
www.bdm.dotag.wa.gov.au.
Certificates (birth, death, marriage and
change of name)
When applying for a certificate,
applicants must provide proof of identity
from a range of commonly available
identity documents.
If applying in person, original documents
are required. Applications sent by post
must be accompanied by photocopied
and certified identification documents.
The list of acceptable identification
documents and information on who can
apply for a certificate can be found at
www.bdm.dotag.wa.gov.au.
27
Commemorative birth certificates
These are available for anyone born in
WA (access and identification conditions
apply). A selection of certificates is
available.
A standard certificate is supplied with
each commemorative certificate ordered.
Certificate designs and application forms
are available at:
www.bdm.dotag.wa.gov.au.
registers is to be given or denied. This
policy information is available on the
registry website at:
www.bdm.dotag.wa.gov.au.
The Registry has a range of information
available including:
Publications
• Commemorative birth certificates order
form
Change of name registration and certificates
• Commonwealth Marriage Act –
Happily ever before and after
The Registry will change a name and
issue a change of name certificate
in a minimum of 15 working days
of receiving a properly completed
application form, the required
identification and the relevant fees. If
paying by personal cheque, an additional
10 working days are required for cheque
clearance.
• Your registry wedding
Information available
Fees
• Tracing your family tree
• Help us to protect your identity and
reduce fraud
• Registering your child’s birth and
applying for a birth certificate.
Forms
Application forms, including a certificate
application form, are available at:
www.bdm.dotag.wa.gov.au.
Information on fees payable for all
products and services provided by the
registry is available at:
www.bdm.dotag.wa.gov.au.
Documents and products available for
purchase (conditions apply)
Recorded information
• Commemorative birth certificate.
Information on certificates, registry
marriages and change of name
applications can be accessed
24 hours on 1300 305 021.
Online indexes
Register access
The Registry maintains a written
statement of the policies on which
access to information contained in the
28
• Certified copy of a registration of birth,
death, marriage or a change of name.
Free online searching for WA births
registered between 1841 - 1932; deaths
registered between 1841 - 1971 and
marriages registered between 1841
- 1936 are available to help family
historians trace their ancestors.
Contact
Registry of Births, Deaths
and Marriages
Level 10, Westralia Square
141 St Georges Terrace
PERTH WA 6000
Phone: 1300 305 021 Fax: 9264 1599
Web: www.bdm.dotag.wa.gov.au
Registry business hours:
8:30am - 4:30pm Monday to Friday
Postal address:
PO Box 7720
Cloisters Square
PERTH WA 6850
Regional offices can be contacted at the
following courthouses:
Albany **
184 Stirling Terrace
ALBANY WA 6330
Phone: 9845 5200 Fax: 9841 7920
Armadale **
109 Jull Street
ARMADALE WA 6112
Phone: 9399 0700 Fax: 9497 1488
Broome
Hamersley Street
BROOME WA 6725
Phone: 9192 1137 Fax: 9192 1878
Bunbury **
3 Stephen Street
BUNBURY WA 6230
Phone: 9781 4200 Fax: 9721 8180
Busselton
12 Stanley Street
BUSSELTON WA 6280
Phone: 9754 9666 Fax: 9752 4950
Carnarvon
Cnr Babbage Island Road and Robinson
Street
CARNARVON WA 6701
Phone: 9941 5500 Fax: 9941 2779
Christmas Island
Administration Offices
CHRISTMAS ISLAND WA 6798
Phone: 9164 7901 Fax: 9164 8530
Collie
Wittenoom Street
COLLIE WA 6225
Phone: 9734 2061 Fax: 9734 1817
Derby
Loch Street
DERBY WA 6728
Phone: 9191 1406 Fax: 9193 1025
Esperance
100 Dempster Street
ESPERANCE WA 6450
Phone: 9071 2444 Fax: 9071 2288
Fremantle **
8 Holdsworth Street
FREMANTLE WA 6160
Phone: 9431 0300 Fax: 9430 4464
Geraldton **
Marine Terrace
GERALDTON WA 6530
Phone: 9921 3722 Fax: 9964 1864
Halls Creek Police Station
Great Northern Highway
HALLS CREEK WA 6770
Phone: 9168 9777 Fax: 9168 9760
Joondalup **
21 Reid Promenade
JOONDALUP WA 6027
Phone: 9400 0700 Fax: 9300 2005
29
Kalgoorlie **
208 Hannan Street
KALGOORLIE WA 6430
Phone: 9093 5300 Fax: 9021 2005
Midland **
24 Spring Park Road
MIDLAND WA 6058
Phone: 9250 0200 Fax: 9274 6676
Karratha
Balmoral Road
KARRATHA WA 6714
Phone: 9185 2922 Fax: 9185 2413
Moora
Dandaragan Street
MOORA WA 6510
Phone: 9651 1407 Fax: 9651 1375
Katanning
Clive Street
KATANNING WA 6317
Phone: 9821 1177 Fax: 9821 2210
Mt Magnet
Cnr Hepburn and Richardson Streets
MT MAGNET WA 6638
Phone: 9963 4040 Fax: 9963 4488
Kununurra
94 Coolibah Drive
KUNUNURRA WA 6743
Phone: 9166 7100 Fax: 9168 1103
Narrogin
Fortune Street
NARROGIN WA 6312
Phone: 9881 1722 Fax: 9881 3344
Leonora
Rochester Street
LEONORA WA 6438
Phone: 9037 6106 Fax: 9037 6248
Northam
118 Wellington Street
NORTHAM WA 6401
Phone: 9622 1035 Fax: 9622 1234
Mandurah **
333 Pinjarra Road
MANDURAH WA 6210
Phone: 9583 1100 Fax: 9581 1842
Rockingham **
15 Whitfield Street
ROCKINGHAM WA 6168
Phone: 9527 6433 Fax: 9592 3077
Manjimup
Mount Street
MANJIMUP WA 6258
Phone: 9771 1316 Fax: 9777 1252
Roebourne
Hampton Street
ROEBOURNE WA 6718
Phone: 9182 1281 Fax: 9182 1191
Merredin
20 Mitchell Street
MERREDIN WA 6415
Phone: 9041 5266 Fax: 9041 2604
South Hedland
Hawke Place
SOUTH HEDLAND WA 6722
Phone: 9172 9300 Fax: 9172 9330
** Indicates online regional courthouses that can provide a WA full certificate of a birth, death or
marriage (registered from 1841 onwards).
*Correct at 25 November 2015. Other regional offices accept WA birth, death or marriage
certificate applications and fax them to the Perth Registry Office for processing.
30
Court and Tribunal Services
Court and Tribunal Services
The Department, alongside the judiciary, administers 29 court locations across the
State. It is also responsible for managing tribunals and boards, the Sheriff’s Office,
including the Fines Enforcement Registry, as well as providing services to victims of
crime and children engaged in the justice system.
The Court and Tribunal Services division
provides:
• support services to the judiciary
• court buildings, accommodation,
technology, security and staff support
to all courts, tribunals and boards
• juror management and provision of
sufficient jurors to the courts
keeping with court process.
If you are appearing in court you should:
• remember to take any relevant
documents about the case with you
• be on time – if you are late, your case
might be heard in your absence or a
warrant might be issued for your arrest
• fines enforcement
• dress appropriately in clean, smart
clothing
• the appointment, registration and
training of Justices of the Peace.
• turn off your mobile phone inside the
courtroom
Courts normally sit between 10am 1pm and 2:15pm - 4:15pm weekdays.
Hours may vary according to the
requirements of the trial judge or
magistrate.
• stand when a judge or magistrate
enters or leaves the courtroom. If you
are a litigant or defendant you should
stand when the magistrate or judge
speaks to you and when you speak to
them.
How courts work
The Department aims to provide a court
system that is responsive to community
needs for access to justice.
Attending court
To ensure the smooth operation of a
court, it is important everyone attending
the court behaves appropriately and in
If you think you will need an interpreter
you should contact the court several
days before your proceedings.
As you enter or leave a courtroom, you
should be quiet so you do not disrupt
proceedings. It is customary to bow
towards the bench.
31
Talking, smoking, eating and chewing
gum are not permitted in court. When
you address the judge or magistrate,
refer to them as “your honour”.
discretion and commence the action
by prosecution notice accompanied
with either a court hearing notice or
summons.
Address others such as lawyers,
witnesses and court staff by their titles
and surnames (eg Mr Smith). The judge
or magistrate cannot speak to you about
your case except when it is being heard
and when the other party is present.
The alleged offender receives a
document requiring his or her
attendance at court, which also provides
information as to the alleged offence.
Taking photographs or video recording
the proceedings is not allowed.
Court staff will help you in any way
they can, but they cannot give you
legal advice. For legal advice you should
contact a lawyer or Legal Aid.
Criminal and civil court case
procedures
There are several ways criminal offences
and civil disputes come before the court.
Criminal matters
In the case of a criminal offence, the
alleged offender is arrested and taken
to a police station where the charge is
explained and a formal written charge is
made.
The alternative is that the accused is
summonsed by police to attend court to
answer the charge or charges.
Usually, the arrested person is released
on bail, which is an undertaking/
agreement to attend court on a certain
day at a given time. For the most serious
offences, the arrested person may be
kept in custody.
For less serious offences, rather than
arrest, the charging officer can exercise
32
A date is set for the court attendance
and the accused person will be
requested to plead ‘guilty’ or ‘not guilty’.
If a person needs legal help before
being able to plead, the case is
adjourned to a later date.
If the accused pleads guilty, the
magistrate will deal with the matter. If
the plea is not guilty, a trial date is set
and trial preparations begin.
Civil and administrative matters
In civil and administrative cases, courts
and tribunals can make decisions on a
range of disputes, or review decisions
made by another person or organisation.
Civil
For civil matters, a person may seek
advice from a solicitor about a legal
problem or complaint.
The solicitor may send a letter on behalf
of the complainant to the third party,
demanding certain actions.
If this does not produce a satisfactory
response, an official notice (commonly
known as a writ of summons in the
Supreme and District courts and a
claim in the Magistrates Court) is sent
requiring the third party to answer the
claims made against them.
In most cases a writ of summons or
claim may be taken out in person,
without a solicitor being involved. If the
parties cannot reach agreement on their
dispute, the court will decide the matter.
Other court services
Court child-minding
Administrative
Access to child-minding services is
available for people required to attend
court.
To start proceedings for an
administrative case, an application form
should be completed at the relevant
tribunal.
The service uses approved local childcare
centres and is free to jurors, witnesses,
accused or litigants who need to attend
court.
The applicant will be advised on what to
do next and how to serve other parties
named in the application.
To arrange to use the child-minding
service or for more information, contact
the court you will be attending at least
two days beforehand.
Disagreement with outcome
If you disagree with a court or tribunal
decision or sentence, you may have a
right of appeal or be able to apply for a
re-hearing or review of the decision or
sentence. You should consult a lawyer to
find out about the necessary steps.
Self-represented litigants
Should a litigant wish to represent
themselves in court, procedural
information on court processes is
available at www.dotag.wa.gov.au,
under the section titled Court and
Tribunal Services.
Court registries are also able to provide
information of this nature.
The Department, including its registries,
is unable to provide litigants with legal
advice.
It is recommended the litigant seek this
advice from a community legal centre,
Legal Aid, the Aboriginal Legal Service or
their lawyer.
Court Risk Assessment Directorate
The Department is committed to
providing a safe and secure court
environment for all court users and the
community.
All risk and safety aspects of court
security including the security and safety
of the judiciary, members of the public,
protection of internal and external court
areas and the secure movement and
welfare of people in custody in all court
locations, is facilitated by a dedicated
Court Risk Assessment Directorate in
conjunction with registry managers and
contracted security providers.
Primary security check points provide
security screening at major court
buildings in Western Australia. Security
checkpoints are used at the Supreme
Court, District Court, Central Law Courts,
Perth Children’s Court and Family Court.
People entering court buildings may
undergo security screening.
33
Security officers have statutory powers
which allow them to conduct searches
to prevent banned and dangerous items
being brought into court.
Note: Where possible, these systems
also exist in the facilities managed by
Department of Mines and Petroleum and
WA Police.
Contact
Contact
Court Risk Assessment Directorate
Phone: 9425 7425
Email: [email protected]
Web: www.courts.dotag.wa.gov.au
Contact your nearest court registry listed
in the Courts section.
Court video-link
Video-conferencing systems are
installed in all Department of the
Attorney General managed courthouses
throughout Western Australia to improve
services to customers. The technology
provides interactive and real-time video
and audio between any site with a
video-conferencing system.
Court Welfare Service
The Court Welfare Service is a volunteer
organisation that offers information,
support and referrals to anyone required
to attend court, including accused, family
members of accused or witnesses.
It also supports the daily running of the
court by assisting various court services
such as Legal Aid duty officers and the
court registry.
The video-link system is used for:
Trained court welfare officers provide a
range of services including:
• persons in custody appearing from a
secure facility
• organising transport to and from court
• court hearings
• arranging child minding while you
attend court
• receiving evidence from witnesses
remote to the courtroom, as well as
intrastate, interstate or overseas
• helping with restraining order
applications
• case management of regional criminal
and civil lists by judges and registrars
in Perth
• regional lawyers participating in
both Perth-based and other regional
location proceedings
• providing Perth-based interpreting
services to people appearing in
regional proceedings
• persons in custody appearing before
the court for bench warrants, remand
appearances and bail applications.
34
• providing referrals to support and
welfare agencies, mental health
services and court-based programs
• providing access to accommodation.
Information available
Contact
Publications
Aboriginal liaison officers can be
contacted at:
• Court Welfare Service
Contact
Court Welfare Service
Phone: 9425 2356
Monday to Friday 9am - 12pm
• Albany Court: 9845 5200
• Broome Court: 9192 1137
• Carnarvon Court: 9941 1082
• Kununurra Court: 9166 7100
• Perth Children’s Court: 9218 0100
Aboriginal liaison officers
• Perth Magistrates Court: 9425 2222
Aboriginal liaison officers are located at
various courthouses throughout the State
and provide a critical link between the
justice system, Aboriginal persons and
the community.
• South Hedland Court: 9172 9300
Aboriginal liaison officers work closely
with magistrates, support agencies
and Aboriginal communities to provide
relevant information and advice on court
procedures to Aboriginal communities
and families that come into contact with
the justice system.
They also help the accused to
understand outcomes of court
proceedings by explaining payment
options for fines, bail and the
consequences of not complying with
court orders or failing to pay fines.
Aboriginal liaison officers are located
at registries of the Magistrates Court of
Western Australia at Albany, Broome,
Carnarvon, Kununurra, Perth, South
Hedland, and the Perth Children’s Court.
Jury services
The jury system is an important part
of the State’s judicial system and is
co-ordinated by the Sheriff of Western
Australia.
The electoral roll is maintained by the
Western Australian Electoral Commission
and is the source database for a citizen’s
inclusion into a jury book.
The Sheriff prepares jury books for the
State’s 17 jury districts, including Cocos
and Christmas Islands. The jury books list
citizens liable to serve as a juror in the
respective districts.
Potential jurors are randomly selected
by computer and random ballots are
conducted throughout the process to
ensure its integrity.
The Sheriff’s Office summonses people
as jurors for the Supreme and District
courts and investigates the failure of a
juror to attend court.
Employers are required to continue to
pay their employees who attend court
35
for jury duty. Employers may then apply
to be reimbursed the wages paid to their
employees.
Courts
Self-employed jurors may also apply to
be reimbursed income lost as a result of
their jury duty.
The Supreme Court is the State’s highest
court with responsibility for both criminal
and civil matters. It is also the main
appeal court of Western Australia. The
Supreme Court is divided into two
divisions, the General Division and the
Court of Appeal.
Unemployed jurors are paid set
attendance fees and all jurors are paid
return public transport fares.
Deferral from jury service
Jury service is an important civic
obligation that is central to the success
of our justice system.
Where individual circumstances conflict
with this responsibility, jurors can apply
to defer jury service to another period
within six months from the original
summons date.
Only one deferral can be granted per
jury summons issued.
Information available
• Jury duty brochure
• Summons information sheet
• Courthouse information sheets
• A Fair Trial - Our jury system (DVD)
Contact
Jury Services
Department of the Attorney General
Level 2, District Court Building
500 Hay Street PERTH WA 6000
Phone: 9425 2481
Fax: 9425 4406
Web: www.courts.dotag.wa.gov.au
36
Supreme Court
The General Division deals with serious
criminal charges, such as murder, armed
robbery, arson and serious breaches of
Commonwealth drug enforcement laws.
In addition to its exclusive jurisdiction
to hear civil cases where the amount
involved in the dispute is more than
$750,000, the Supreme Court also
determines a range of complex and
significant matters.
The General Division also deals with
probate (including disputes over wills),
Admiralty (disputes involving ships),
disputed elections and applications
under the Corporations Act.
The Court of Appeal hears appeals from
single judge decisions of the Supreme
Court and from lower courts and various
tribunals. Appeals from the Court of
Appeal go to the High Court of Australia,
which is the ultimate Australian court
from which there is no appeal.
Information available
Documents
Court records comprise matters
commenced in the criminal, civil,
appellate or probate jurisdiction.
A person may search for, inspect
and take a copy of any writ and any
statement of claim endorsed on the
writ; any originating application under
the Corporations Law; any appeal notice
(Court of Appeal) and any judgment or
order of the court, on payment of the
prescribed fee.
Information available
A person may make an application to
the Principal Registrar to inspect any
other document of the court.
• Aboriginal and Torres Strait Islander
families attending the Family Court
Contact
Supreme Court of Western Australia
Stirling Gardens
Barrack Street
PERTH WA 6000
Phone: 9421 5333
Fax: 9221 4436
Web: www.supremecourt.wa.gov.au
During 2016, the General Division of the
Supreme Court will move location to
28 Barrack Street, Perth. The Court of Appeal
will continue to operate from Stirling Gardens.
Family Court
The Family Court of Western Australia
deals with divorce, parenting orders,
property of a marriage or de facto
relationship, maintenance, adoptions and
surrogacy.
It has State and Federal jurisdiction in
matters of family law and is presided
over by judges, magistrates and
registrars.
The Department provides administrative
and logistics support to the Family Court
of WA, but its operating costs and staff
salaries are paid from Federal funds.
Daily court lists online from 4pm
weekdays.
Publications
• Range of various brochures
• Marriage, families and separation
• The Client Administration Officer
• Before you file – Pre-action procedures
for financial cases and parenting cases
• Kits - divorce, consent orders,
parenting orders, property order,
recovery order and
• Superannuation information
• A guide to representing yourself in
the Family Court of WA children and
property cases
• Case management guidelines - 7 May
2012.
Contact
Family Court of Western Australia
Level 1
150 Terrace Road
PERTH WA 6000
Phone: 9224 8222
Fax: 9224 8360
Web: www.familycourt.wa.gov.au
Postal address:
GPO Box 9991
PERTH WA 6848
37
Counselling
District Court
Family Court Counselling and
Consultancy Service
The District Court deals with serious
criminal offences where the maximum
penalty is 20 years’ imprisonment.
The service works collaboratively with
Family Court judges and magistrates
assisting parents applying to the Court to
develop safe and sustainable parenting
arrangements for their children.
Parents are required to attempt
mediation prior to applications to the
Court unless exempt due to levels of
risk.
A family consultant is allocated to
cases where there are concerns about
the levels of risk to children and a risk
assessment and case management are
required as part of the court process.
Contact
Family Court Counselling and
Consultancy Service
Level 3, Family Court of Western
Australia
150 Terrace Road
PERTH WA 6000
Phone: 9224 8248
Freecall: 1800 199 228
Fax:
9224 8244
These offences include serious assaults,
breaking and entering and stealing and
receiving. A judge presides over District
Court matters and a jury usually decides
the guilt or innocence of an accused. On
election, a matter may be dealt with by
a judge sitting without a jury.
In civil law, the court deals with matters
involving claims up to $750,000.
It has unlimited jurisdiction in claims
for damages for personal injuries and
exclusive jurisdiction in claims for
damages for injury sustained in vehicle
accidents.
Lodging documents electronically
Electronic lodgement (eLodgment)
allows members of the legal profession
and approved litigants to transmit District
Court writs of summons and other civil
documents and associated payments of
court fees online by direct debit. Sealed
service copies of writs of summons are
available online immediately to the
lodging party. Contact Courts Technology
Group on 9425 2645 or
[email protected] to
register for eLodgment.
Information available
Publications
• Information for unrepresented litigants
in the civil jurisdictions
• How to apply to have your driver’s
licence disqualification removed
38
• How to apply to have your serious old
conviction removed from your record
• New Civil Case Management
procedures
• How to lodge an appeal against a
Criminal Injuries Compensation Award
• How to lodge an appeal against a civil
decision of the Magistrates Court.
Judgments and sentencing remarks
The District Court website has links to
the court’s civil judgment database.
Criminal sentencing remarks determined
by the sentencing judge to be of
particular significance or public interest
are also published on the website.
Contact
District Court
500 Hay Street
PERTH WA 6000
Phone: 9425 2128 Fax: 9425 2268
After hours (emergency only):
9330 4033
Web: www.districtcourt.wa.gov.au
Civil court listings
Phone: 9425 2348 or 9425 2178
Transcripts
Phone: 9425 2416
Fax: 9425 2268
Metro trial, judge allocation, video-link
bookings, court allocation
Phone: 9425 2275 or 9425 2294
Fax: 9425 2924
Criminal (Circuit)
Phone: 9425 2339 or 9425 2539
Fax: 9425 2924
Fines and exhibits
Phone: 9425 2341
Fax: 9425 2268
Bench warrants
Phone: 9425 2150
Fax: 9425 2538
Interpreters, child-minding,
criminal calendars
Phone: 9425 2422
Fax: 9425 2268
Section 32 applications
Phone: 9425 2382
Fax: 9425 2538
Civil (Perth) pre-trial conferences
Phone: 9425 2793
Criminal (Perth) non-trial enquiries
Phone: 9425 2150, 9425 2541
or 9425 2382
Fax: 9425 2538
Metro trial enquiries
Phone: 9425 2514 or 9425 2294
Fax: 9425 2924
39
Children’s Court
Information available
The Children’s Court of Western Australia
deals with offences alleged to have
been committed by young people
aged 10 to 17 years. It also deals
with protection and care applications
for children under the age of 18. A
responsible adult must attend court with
the young person.
Publications
Services available
Duty lawyers are available at the
Perth Children’s Court from 9am.
Most regional courts will also have
a duty lawyer service available prior
to court commencing, however it is
recommended that you obtain necessary
legal advice before a court date.
Legal Aid Commission, Youth Legal
Service and Aboriginal Legal Service
provide free legal advice for children.
Child-minding services can be accessed
through the court (see the Other Court
Services section). A free interpreter
service is also available for those who
have difficulty with the English language.
Special facilities for victims of crime are
available at the Children’s Court.
The court can provide an interpreter
to be in court with a child and their
guardian. If you need this service, you
should contact the Children’s Court
Registry well before a scheduled court
date. If you are concerned that your child
may be getting involved in committing
offences, you can contact your nearest
Department of Corrective Services Youth
Justice Services office for advice.
Phone 13 12 17 for further information.
40
• Important information for parents and
guardians
• A guide for those appearing in the
court
• After conviction, what’s next?
• Protection proceedings - What you
need to know
General
• Children’s activity kit
• Educational visits - 9218 0110
Contact
Children’s Court of WA
160 Pier Street
PERTH WA 6000
Phone: 9218 0100 Fax: 9221 1705
Email: [email protected]
Web: www.childrenscourt.wa.gov.au
Youth Justice Services (DCS)
Phone: 9218 0190
Supervised bail co-ordinator
Phone: 9218 0166
Aboriginal Legal Service
Phone: 9265 6666
Freecall: 1800 019 900
Legal Aid WA – Children’s Legal Unit
Phone: 9261 6293
Youth Legal Service
Phone: 9202 1688
Freecall: 1800 199 006
Metropolitan Children’s Courts
Magistrates Court
Armadale
109 Jull Street
ARMADALE WA 6112
Phone: 9399 0700 Fax: 9497 1488
The Magistrates Court deals with criminal
and civil matters involving people aged
18 years and above.
Fremantle
8 Holdsworth Street
FREMANTLE WA 6160
Phone: 9431 0300 Fax: 9430 4464
Joondalup
21 Reid Promenade
JOONDALUP WA 6027
Phone: 9400 0700 Fax: 9300 2005
Midland
24 Spring Park Road
MIDLAND WA 6056
Phone: 9250 0200 Fax: 9274 6676
Rockingham
15 - 17 Whitfield Street
ROCKINGHAM WA 6168
Phone: 9527 6433 Fax: 9592 3077
It operates at many locations throughout
the State.
Criminal offences (known as simple
offences) are dealt with in the
Magistrates Court. More serious criminal
offences (known as indictable offences)
begin in the Magistrates Court but may
be sent to be heard in either the District
Court or Supreme Court.
The Magistrates Court deals with civil
matters involving claims up to $75,000.
For minor cases, the court’s jurisdictional
limit is $10,000.
The court also deals with consumer
or trader claims of up to $75,000 and
minor consumer or trader claims of up
to $10,000. Residential tenancy and
restraining order matters are also dealt
with by the civil jurisdiction.
41
Information available
• each charge against the accused
Documents and records
Parties to a case and certain interested
parties may access Magistrates Court
records in the following way:
• the conviction or order made in
respect of the charge
Criminal jurisdiction
A party to a case is entitled, on request
(and payment of any relevant fees), to
inspect or obtain a copy of any:
Civil jurisdiction
A party to a case is entitled, on request
(and the payment of any relevant fees),
to inspect or obtain a copy of any:
• document lodged with or issued by
the court as required by law that is
part of the court’s records of the case
• document lodged with or issued by
the court as required by law that is
part of the court’s records of the case
• document admitted as evidence by
the court
• document admitted as evidence in the
case by the court
• transcript of the proceedings
• transcript of the proceedings
• written judgment or order made by
the court on the case.
• written judgment or written order
made by the court on the case.
Where a conviction or order is made
or a charge is dismissed, an interested
party may request to view any exhibit
in the proceedings that is held by an
officer of the court and is not able to be
reasonably copied, or receive a copy of:
• any penalty imposed on the accused
in relation to the charge.
Information available
Further information on the following
court processes and procedures is
available from the courts website at
www.magistratescourt.wa.gov.au
• the prosecution notice containing the
charge
• Understanding civil proceedings in the
Magistrates Court
• the record of proceedings
• How to commence a general
procedure claim
• any statement of the accused’s
convictions that is tendered in the
proceedings
• How to commence a minor case claim
• Consumer/trader claim
• the conviction or order.
• Statement of claim
Except as provided in any order under
section 171 of the Criminal Procedure
Act 2004, any person is entitled on
request to the following information
relating to a case:
• Statement of defence
• the name of the accused
• When served with a claim
42
• Claiming interest
• Serving a court document
• When a claim has been served
• Change of venue
imprisonment previously suspended
• Pre-trial conferences - Minor claim
• Contempt of court
• Pre-trial conferences - General
procedure
• Violence restraining order
• Listing conferences
• Extraordinary motor driver’s licence
• Mediation
• Trial
• Summonsing a witness in a criminal
case
• Summonsing a witness
• Cross examination by an accused
• Damages (unliquidated amount not
exceeding $10,000)
• Spent conviction at the time of
conviction
• Damages (exceeding $10,000)
• Summary judgement
• Application to set aside a court
decision
• Applications
• Review of a court officer’s decision
• Preparing yourself for court
• Contempt of court
• Enforcing a judgment means inquiry Information for the judgment creditor
• Summonsing a witness in a criminal
case
• Means inquiry - Information for the
judgment debtor
• Cross examination by an accused
• Misconduct restraining order
• Applying for a suspension order
• Spent conviction at the time of
conviction
• Property (seizure and sale) order Information for the judgment creditor
• Application to set aside a court
decision
• Property (seizure and sale) order Information for the judgment debtor
• Review of a Court Officer’s decision.
• Interpleader proceedings
Magistrates Court Perth
Central Law Courts
501 Hay Street
PERTH WA 6000
Phone: 9425 2222 Fax: 9425 2777
Web: www.magistratescourt.wa.gov.au
• Debt appropriation order
• Property (seizure and delivery) order
• Default inquiry - Information for the
judgment creditor
Contact
• Default inquiry - Information for the
judgment debtor
• Earnings appropriation order
• Warrant for arrest
• Order for arrest and imprisonment
for contempt of court where
43
Metropolitan registries
Standard hours are 8:30am - 4:30pm
Armadale
109 Jull Street
ARMADALE WA 6112
Phone: 9399 0700 Fax: 9497 1488
Fremantle
8 Holdsworth Street
FREMANTLE WA 6160
Phone: 9431 0300 Fax: 9430 4464
Joondalup
21 Reid Promenade
JOONDALUP WA 6027
Phone: 9400 0700 Fax: 9300 2005
Midland
24 Spring Park Road
MIDLAND WA 6056
Phone: 9250 0200 Fax: 9274 6676
Rockingham
15-17 Whitfield Street
ROCKINGHAM WA 6168
Phone: 9527 6433 Fax: 9592 3077
Mandurah
333 Pinjarra Road
MANDURAH WA 6210
Phone: 9583 1100 Fax: 9581 1842
Regional registries
Standard hours are 8:30am - 4:30pm
Albany
184 Stirling Terrace
ALBANY WA 6330
Phone: 9845 5200 Fax: 9841 7920
Broome
Hamersley Street
BROOME WA 6725
Phone: 9192 1137 Fax: 9192 1878
44
Bunbury
3 Stephen Street
BUNBURY WA 6230
Phone: 9781 4200 Fax: 9721 8180
Busselton
12 Stanley Street
BUSSELTON WA 6280
Phone: 9754 9666 Fax: 9752 4950
Carnarvon
Cnr Babbage Island Road and Robinson
Street
CARNARVON WA 6701
Phone: 9941 5500 Fax: 9941 2779
Christmas Island
CHRISTMAS ISLAND WA 6798
Phone: 9164 7901 Fax: 9164 8530
Cocos (Keeling) Islands
C/- Police Station
INDIAN OCEAN WA 6799
Phone: 9162 6600 Fax: 9162 6601
Collie
Wittenoom Street
COLLIE WA 6225
Phone: 9734 2061 Fax: 9734 1817
Derby
Loch Street
DERBY WA 6728
Phone: 9191 1406 Fax: 9193 1025
Esperance
100 Dempster Street
ESPERANCE WA 6450
Phone: 9071 2444 Fax: 9071 2288
Geraldton
Marine Terrace
GERALDTON WA 6530
Phone: 9921 3722 Fax: 9964 1864
Kalgoorlie
208 Hannan Street
KALGOORLIE WA 6430
Phone: 9093 5300 Fax: 9021 2005
Moora
Dandaragan Street
MOORA WA 6510
Phone: 9651 1407 Fax: 9651 1375
Karratha
Balmoral Road
KARRATHA WA 6714
Phone: 9185 2922 Fax: 9185 2413
Narrogin
Fortune Street
NARROGIN WA 6312
Phone: 9881 1722 Fax: 9881 3344
Katanning
Clive Street
KATANNING WA 6317
Phone: 9821 1177 Fax: 9821 2210
Northam
118 Wellington Street
NORTHAM WA 6401
Phone: 9622 1035 Fax: 9622 1234
Kununurra
94 Coolibah Drive
KUNUNURRA WA 6743
Phone: 9166 7100 Fax: 9168 1103
Roebourne
Hampton Street
ROEBOURNE WA 6718
Phone: 9182 1281 Fax: 9182 1191
Manjimup
Mount Street
MANJIMUP WA 6258
Phone: 9771 1316 Fax: 9777 1252
Merredin
20 Mitchell Street
MERREDIN WA 6415
Phone: 9041 5266 Fax: 9041 2604
South Hedland
Hawke Place
SOUTH HEDLAND WA 6722
Phone: 9172 9300 Fax: 9172 9330
45
Magistrates Court Stirling
Gardens
The Magistrates Court Stirling Gardens
was established to deal with accused
who are charged with indictable
offences and will come before
the Supreme Court and plead ‘not
guilty’ when they first appear in any
Magistrates Court.
The Principal Registrar of the Supreme
Court and a Registrar of the Supreme
Court are appointed as magistrates
and sit at 9:15am every Wednesday
morning.
Drug Court
The Perth Drug Court operates in
the Perth Magistrates Court to divert
offenders with serious drug related
problems into treatment programs,
where they can address those problems
and reduce their risk of reoffending.
Offenders are referred to the Perth
Adult Drug Court from the Magistrates,
District and Supreme courts and may
46
be managed by the Perth Drug Court
if required to appear in the District or
Supreme courts for final sentencing.
A separate drug court operates in the
Perth Children’s Court.
In order to make application for a Perth
Drug Court program, offenders must
admit to their drug related problems
and plead guilty to their offences.
Participation is voluntary and offenders
must commit to the program.
Inclusion in a Perth Adult Drug Court
program is decided by the Perth
Drug Court Magistrate, based on an
assessment by the Department of
Corrective Services’ Court Assessment
and Treatment Service (CATS).
Programs run from approximately six to
18 months, depending on the offender’s
circumstances.
Offenders are case-managed by the
Perth Drug Court Magistrate and
supported by a team that includes
prosecution and defence counsel, CATS
and various community-based treatment
and support services.
Contact
Magistrates Court
Level 2, Central Law Courts
501 Hay Street
PERTH WA 6000
Phone: 9425 2222 Fax: 9425 2777
Email:
[email protected]
Children’s Court of WA
160 Pier Street
PERTH WA 6000
Phone: 9218 0100 Fax: 9221 1705
District Court
500 Hay Street
PERTH WA 6000
Phone: 9425 2128 Fax: 9425 2268
Court Assessment and Treatment
Service
Level 4, 30 Moore Street
EAST PERTH WA 6004
Phone: 9230 2100 Fax: 9230 2101
Police Drug Court Prosecutor –
Magistrates Court
Level 12, 16 St Georges Terrace
PERTH WA 6000
Phone: 9218 5262 Fax: 9218 5210
Drug Court Prosecutor - Children’s Court
160 Pier Street
PERTH WA 6000
Phone: 9218 0149 Fax: 9218 0152
Drug Court Lawyer - Magistrates Court
Legal Aid Commission
32 St Georges Terrace
PERTH WA 6000
Phone: 9261 6227 Fax: 9261 6206
Drug Court Lawyer - Children’s Court
55 St Georges Terrace
PERTH WA 6000
Phone: 9261 6293 Fax: 9221 9116
Alcohol and Drug Information Service
24 hour phone support/counselling
Phone: 9442 5000
Freecall: 1800 198 024
Parent Drug Information Service
24 hour phone support/counselling
Phone: 9442 5050
Freecall: 1800 653 203 (country callers)
Drug Court - Statewide contact
details:
More info online at:
www.courts.dotag.wa.gov.au
Information available
• What is the Drug Court?
• What is the Children’s Drug Court?
Family Violence
A family violence service is available
at each of the courts detailed below
to help victims with family violence
and court matters. This includes
assistance with violence restraining
order applications, safety planning, and
referral to community counselling and
support services.
Specially trained staff can help with:
• discussing specific violence issues
and the options available to deal with
them
• developing a safety plan
47
• completing court-related documents
• applying for a violence restraining
order
• preparing for court and in-court
support
• information about ongoing court
matters
• accessing services such as counselling,
police, legal assistance, medical care
and other relevant agencies.
Contact
The Family Violence Service can be
contacted by phone or in person at the
following locations. Midland court also
has an Aboriginal worker available to
help clients.
Armadale Family Violence Service
Armadale Court
109 Jull Street
ARMADALE WA 6112
Phone: 9399 0722
Fremantle Family Violence Service
Fremantle Justice Complex
8 Holdsworth Street
FREMANTLE WA 6160
Phone: 9431 0324 Fax: 9335 9783
Geraldton - Barndimalgu Family
Violence Service
Phone: 9921 3722
Joondalup Family Violence Service
Joondalup Courthouse
21 Reid Promenade
JOONDALUP WA 6027
Phone: 9400 0707 Fax: 9400 0728
48
Midland Family Violence Service
Midland Court
24 Spring Park Road
MIDLAND WA 6056
Phone: 9250 0229 Fax: 9274 6676
Perth Family Violence Service
Level 5, Central Law Courts
501 Hay Street
PERTH WA 6000
Phone: 9425 2459 Fax: 9425 2465
Rockingham Family Violence Service
Rockingham Justice Complex
15 - 17 Whitfield Street
ROCKINGHAM WA 6168
Phone: 9592 4018 Fax: 9527 9280
Mental Health Court Diversion
and Support Program Pilot
The Start Court is Western Australia’s
first mental health court diversion and
support program.
This is a multi-agency court which aims
to identify and divert mentally ill people
who are involved in the justice system;
reducing the risk of future offending and
subsequent contact with the system.
It is an opportunity for the accused:
•
to be linked or re-engaged with the
most appropriate service to help
provide continuous care to manage
their mental health issues
•
to access a wide range of support in
areas of mental health, community
living and social circumstances
•
to have their participation in
the Start program taken into
consideration in their final sentence.
The Start Court focuses on providing
more options for people in court with
mental illness and more capacity for the
court to respond in ways that support
people whilst addressing their offending
behaviour.
The Perth Children’s Court also has
access to on-site mental health support.
The mental health court diversion and
support pilot project, known as Links,
provides the President and magistrates
of the Children’s Court access to a team
of mental health specialists, including
a clinical psychologist, a consultant
psychiatrist, mental health nurses and
support workers.
The Links team is on-hand to provide
assessments and reports to the court,
make referrals to appropriate services,
and offer some clinical intervention.
Links aims to divert young offenders
from the criminal justice stream to
ensure they receive necessary treatment
as well as alternative sentencing options
for those whose offences are the result
of mental illness.
Contact
Perth Magistrates Court
Central Law Courts
501 Hay Street
PERTH WA 6000
Phone:9425 3422
Email:
[email protected]
Perth Children’s Court
Phone: 9218 0100
Web: www.magistratescourt.wa.gov.au
and www.mentalhealth.wa.gov.au
Coroner’s Court
The coronial system investigates some
2,500 cases each year where a death
arises from apparent unnatural causes or
when the cause of death is unknown.
The role of the Coroner is to ensure
deaths reported to them are investigated
and, where appropriate, an inquest is
held. The hearing is usually open to the
public. During an inquest, witnesses are
called to give evidence to enable the
Coroner to determine a cause of death.
At the Coroner’s discretion, the family
of the deceased or other parties with
an interest into the circumstances
surrounding the death may be
represented by another person (usually
a lawyer) to ask questions of witnesses.
Coronial Counselling Service
The Coronial Counselling Service offers
information, counselling and support for
family and friends of a deceased person
whose death is subject to a coronial
inquiry.
Counsellors can discuss the cause of
death and answer questions about the
post-mortem examination process. They
can also provide support to the family
of the deceased during the investigation
and at the inquest.
The counselling service is also involved
in Disaster Victim Identification (DVI)
that helps emergency service personnel
obtain information to identify potential
victims in multiple fatality events
(usually events involving five or more
victims).
49
Information available
Publications
• Coroner’s Court annual report
Tribunals
State Administrative Tribunal
Internet
The State Administrative Tribunal is an
independent statutory body established
under the State Administrative Tribunal
Act 2004. The Tribunal makes and
reviews a range of administrative
decisions.
• Information on the coronial inquiry
process, listings and inquest findings is
available online at:
www.coronerscourt.wa.gov.au.
Individuals, businesses, public officials
and vocational bodies can bring
applications before the Tribunal under
160 enabling acts in the following areas:
Contact
Human rights
Coroner’s Court
Level 10, Central Law Courts
501 Hay Street
PERTH WA 6000
Phone: 9425 2900 Fax: 9425 2901
Freecall: 1800 671 994 (country callers
only)
Web: www.coronerscourt.wa.gov.au
Decisions that affect vulnerable
people in the community, relating to
guardianship, administration, mental
health, adoption, children and equal
opportunity.
• Coroner’s Court – Important information
about inquests
• When a person dies suddenly brochure.
Coronial Counselling Service
Level 10, Central Law Courts
501 Hay Street
PERTH WA 6000
Phone: 9425 2900 Fax: 9425 2901
Weekends and public holidays:
0419 904 476 (7am - 6pm)
Coronial Inquiries
Hatch House
144 Stirling Street
PERTH WA 6000
Phone: 9267 5700 (24-hours)
Fax: 9267 5755
Development and resources
Decisions on matters regarding planning,
development, land and water resources.
Vocational regulation
Decisions for a wide range of
professional and vocational occupations
including the determination of questions
regarding serious misconduct.
Commercial and civil
Decisions for a wide range of
jurisdictions including strata title and
retirement village disputes, commercial
tenancy, building disputes, credit and
other commercial matters.
The State Administrative Tribunal is not
a court and as such, the strict rules of
evidence may not apply.
50
The Tribunal:
• aims to make the correct or preferable
decision based on the merits of an
application
• encourages mediation
• usually publicly lists its hearings
• publishes reasons for final decisions
and final orders on its website.
The Tribunal is judicially led by a
President, who is also a Justice of the
Supreme Court, and by two deputy
presidents who are appointed District
Court judges.
Information available
Application forms
• Simple application forms that are
tailored to the needs of each applicant
are available. Applications can be
completed online using an interactive
application form or forms which can
be saved or printed for ease of use.
Applications can also be obtained by
phoning or visiting the Tribunal’s office.
Publications
• Brochures on each area of the
Tribunal’s jurisdiction are also available
from the Tribunal’s office or its website
www.sat.justice.wa.gov.au.
Internet
• Information about the Tribunal’s
procedures is available on the website.
Contact
State Administrative Tribunal
Level 6
State Administrative Tribunal Building
565 Hay Street
PERTH WA 6000
Phone: 9219 3111 Fax: 9325 5099
Local call (for country residents):
1300 306 017
Email: [email protected]
Web: www.sat.justice.wa.gov.au
Postal address:
GPO Box U1991
PERTH WA 6845
All correspondence should be addressed
through the Executive Officer.
Boards
Gender Reassignment Board
The Gender Reassignment Board
considers applications from people
who have undergone gender change
procedures and want to have their new
gender legally recognised in accordance
with the Gender Reassignment Act 2000
(WA). The Board determines eligibility
for recognition certificates.
Contact
Gender Reassignment Board
State Administrative Tribunal
Level 6
State Administrative Tribunal Building
565 Hay Street
PERTH WA 6000
Phone: 9219 3111
Email: [email protected]
Web: www.courts.dotag.wa.gov.au
Postal address:
GPO Box U1991
PERTH WA 6845
All correspondence should be addressed
through the Executive Officer.
51
Mentally Impaired
Accused Review Board
The Mentally Impaired Accused Review
Board is concerned with people
found not guilty of offences due to
unsoundness of mind and those found to
be mentally unfit to stand trial.
Established under the Criminal Law
(Mentally Impaired Accused) Act 1996,
the Board regularly reviews every
mentally impaired accused detained on
a custody order. If the mental stability
of an accused person has improved, or
the risk to the safety of the community
has reduced, it may consider them for a
gradual return to the community.
Information available
Publications
• Mentally Impaired Accused Review
Board annual report
Contact
Mentally Impaired Accused
Review Board
GPO Box C127
PERTH WA 6839
Phone: 9423 8700
Email:
[email protected]
Prisoners Review Board
The Prisoners Review Board is an
independent statutory body established
by the Sentence Administration Act
2003. The Board considers prisoners
for release from custody, sets or varies
conditions of release and considers
applications for the suspension and/or
cancellation of early release orders.
52
It considers re-entry release orders
and makes recommendations about
re-socialisation programs for various
categories of prisoners. The board also
sets policies and procedures for the
discharge of its functions, maintains
records and provides information about
its policies and operations.
When a prisoner is sentenced to life
imprisonment, the Board must report
to the Attorney General and may make
recommendations about re-socialisation
programs and release on parole.
The decision to release a prisoner
serving life or indefinite sentence rests
with the Governor of Western Australia.
In deciding whether or not to release a
prisoner on parole, the Board considers,
but is not limited to, assessing the
following:
• the degree of risk that the release of
the prisoner would appear to present
to the personal safety of people in the
community or of any individual in the
community
• the circumstances of the commission
of, and the seriousness of, an offence
for which the prisoner is in custody
• remarks by a court
• any victim’s submission
• prisoner’s behaviour
• whether the prisoner has participated
in programs available to the prisoner
when in custody and the prisoner’s
performance when participating in a
program
• the behaviour of the prisoner when
subject to any release order made
previously
• the likelihood of the prisoner
committing an offence when subject
to an early release order
• the likelihood of the prisoner
complying with the standard
obligations and any additional
requirements of any early release
order
• any other consideration that is, or may
be, relevant to whether the prisoner
should be released.
Above all, the Board or any other person
performing functions under the Act must
regard the safety of the community as
the paramount consideration.
Victim’s submission
The Act specifically provides for
consideration of victim submissions.
A victim’s submission states the victim’s
opinion of the effect the release of the
prisoner would have on the victim and
makes suggestions about the conditions
that should apply to the prisoner if
released. If a victim is unable to make a
victim’s submission due to age, disability
or infirmity, a person may make a
victim’s submission on the victim’s
behalf.
In performing its functions, the Board
considers any victim submission and is
to give the submission such weight as
it sees fit. The Board may not provide a
victim submission to a prisoner.
Information available
Publications
• Annual report
• Parole information booklet
Contact
Prisoners Review Board
GPO Box C127
PERTH WA 6839
Phone: 9423 8700
Email:
[email protected]
Web:
www.prisonersreviewboard.wa.gov.au
Supervised Release
Review Board
The Supervised Release Review Board
created under the provisions of the
Young Offenders Act 1994, determines
the suitability of young offenders in
detention to be released.
The board makes decisions about release
and sets conditions for release. It also
examines any breaches of conditions.
The board has six members, including
the chairperson who is usually a
judge or retired judge, a police officer,
an officer from the Department of
Corrective Services and three community
members including one who has
knowledge of victims’ interests and a
member from the Aboriginal community.
Information available
Publications
• Supervised Release Review Board
annual report
Contact
Supervised Release Review Board
GPO Box C127
PERTH WA 6839
Phone: 9423 8700
Email: [email protected]
53
Fines and Enforcement Services
Fines and civil enforcement services are provided by the Sheriff’s Office of Western
Australia which also co-ordinates the State’s jury service to the courts.
Sheriff’s Office
The Sheriff is also referred to as the
Sheriff of the Supreme Court, Marshal
of the Family Court and Marshal of the
Federal Court of Australia.
The position’s authority is vested from
a range of State and Federal legislation,
each with a statutory responsibility to
the courts.
The Sheriff uses enforcement sanctions
such as wheel clamping, number plate
removal and seizure and sale of property
to recover monies outstanding under
an Enforcement Warrant issued by the
Registrar, Fines Enforcement Registry.
Fines Enforcement Registry
The Fines Enforcement Registry (FER)
enforces fines imposed in WA courts and
those arising from unpaid infringement
notices.
The Registrar uses the suspension of
driver’s and motor vehicle licences to
enforce the payment of court fines and
infringement fines. The Registrar also
issues Enforcement Warrants to the
Sheriff for Enforcement should a licence
suspension prove ineffective.
For court fines the Registrar also uses
other enforcement options, namely,
54
community work and/or imprisonment
in default of payment should an
Enforcement Warrant prove ineffective.
Information available
Publications
• Information on court fines and
infringement notices
Forms
• Request to lift or not impose a licence
suspension order (time to pay)
• Statutory declaration in support of
request not to impose or to cancel a
licence suspension
• Centrepay deductions Request
• Application for revocation (enables
matters to be determined by a court)
• Application for revocation by WA Police
traffic matter
• Application for revocation by
prosecuting authority
• Licence suspension certificate request
• Direct debit request
Online licence suspension search
The public can find out if their driver’s
licence has been suspended for the nonpayment of fines or infringements by
entering their details online at:
www.courts.dotag.wa.gov.au. The
website also includes information about
fines and infringements and payment
options, such as Time to Pay.
Contact
Fines Enforcement Registry
For payments and general enquiries,
visit your nearest Magistrates Court.
Phone: 1300 650 235
Eastern states/mobile callers:
(08) 9235 0235
Fax: 9425 7070
Email: [email protected]
Web: www.courts.dotag.wa.gov.au or
www.paymyfines.wa.gov.au
Postal address:
Fines Enforcement Registry
PO Box X2293
PERTH WA 6847
Civil enforcement services
The Department’s civil enforcement
services cover the serving of documents,
including summonses for witnesses
for the State and the execution of
orders and warrants to enforce court
judgments.
Execution of orders can lead to the
seizure and sale of goods and land if the
order is not immediately satisfied. In this
case a bailiff may be involved. Sheriff’s
Officers undertake the enforcement of
matters issued by the Supreme and
District courts.
The Sheriff contracts private bailiffs to
undertake the enforcement of matters
from the magistrates courts. Police
officers also act as bailiffs in remote
locations.
55
Contact
Sheriff’s Office
Department of the Attorney General
Level 5, Central Law Courts
501 Hay Street
PERTH WA 6000
Phone: 9425 2493 Fax: 9221 7894
Web: www.courts.dotag.wa.gov.au
Manager, Enforcement Services
Department of the Attorney General
Level 5, Central Law Courts
501 Hay Street
PERTH WA 6000
Phone: 9425 2484 Fax: 9221 7894
Criminal enforcement services
The Department’s criminal enforcement
services include the execution of
enforcement warrants to recover unpaid
fines and infringements for the State
and various prosecuting authorities.
Enforcement sanctions include wheel
clamping, licence plate removal, seizure
and sale of goods, community service
and imprisonment.
Contact
Sheriff’s Office
Department of the Attorney General
Level 5, Central Law Courts
501 Hay Street
PERTH WA 6000
Phone: 9425 2932 Fax: 9221 7894
Email: [email protected]
Web: www.courts.dotag.wa.gov.au
Manager, Criminal Enforcement
Department of the Attorney General
Level 5, Central Law Courts
501 Hay Street
PERTH WA 6000
Phone: 9425 2549 Fax: 9221 7894
55
Justices of the Peace
The office of Justice of the Peace is a voluntary and statutory position involving
a range of duties and responsibilities - most commonly including witnessing of
documents such as affidavits and statutory declarations.
At many centres throughout the State
- predominantly in regional areas –
Justices of the Peace (JP) are required
to preside in magistrates courts. Other
duties relate to bail applications and
issuing search warrants.
JP member associations, individual
JPs and other agencies co-ordinate
document witnessing centres at various
locations throughout the State. To find
a current list of signing centres visit the
Department’s website at:
www.dotag.wa.gov.au.
An online database is provided to locate
the closest JP. This database allows you
to search for a JP by name, location, JP
registration number or language spoken.
56
Alternatively, a telephone answering
service (1300 657 788) can also provide
you with a JP listed by location.
Information on becoming a JP, the role
of a JP and witnessing documents is
available on the Department’s website.
Contact
Justice of the Peace Branch
Department of the Attorney General
GPO Box F317
PERTH WA 6841
Phone: 9425 2827 Fax 9425 2771
Email: [email protected]
Web: www.courts.dotag.wa.gov.au
Trustee Services
Public Trustee
The Public Trustee provides a comprehensive range of affordable, professional
and impartial will, deceased estate administration and trustee services to the WA
community.
It is a statutory authority within the
provisions of the Financial Management
Act 2006. Key services offered:
Will drafting
Professional advice and drafting of wills
that nominate the Public Trustee as
executor, or wills that nominate a private
executor, such as a family member or
friend.
WA Will Bank
Safe will storage in the Public Trustee’s
purpose-built, fire-proof vault, which
keeps wills safe from loss, theft or
damage.
It is free to deposit and retrieve your
own will from the WA Will Bank.
Give2Good
The Public Trustee is trustee of the
Give2Good Foundation, a Western
Australian charitable foundation
established to help everyday
philanthropists give to good causes.
Give2Good aims to attract, grow and
distribute charitable funds to create a
stream of ongoing funding for charitable
organisations.
Deceased estate administration
The Public Trustee administers deceased
estates when the Public Trustee is
named as the executor in a will, or
when an executor is unable or unwilling
to take on the role.
It can also administer the estates of
those who die without making a will.
Executor assist
The Public Trustee offers assistance for
executors who wish to keep their role,
but would like assistance with certain
tasks. Assistance includes obtaining the
grant of probate, lodging tax returns for
the estate or preparing documents for
the transfer of property or equities.
Trust management
The Public Trustee provides financial and
asset management services for people
who are unable to manage their own
financial affairs due to, for example,
dementia or intellectual disability.
The Public Trustee can act as trustee
for a range of trusts, including courtawarded compensation payments or
as the financial administrator for a
represented person.
57
Private Administrator Support
Contact
A further role is to examine the accounts
of private administrators appointed by
the State Administrative Tribunal.
Public Trustee
553 Hay Street
PERTH WA 6000
Phone: 1300 746 116 Fax: 9222 6617
Information available
Publications
• Who we are. What we do: Public
Trustee Service Guide
• Financial Impacts of Mental Illness DVD
• Your Last Will and Testament
• Deceased Estate Administration and
Executor Assist
• Protecting Elderly & Vulnerable
Western Australians
• Protecting Your Trust. Information for
families, carers and beneficiaries of
court trusts
• Supporting Private Administrators
• Public Trustee Common and
Investment Funds Information Guide
• Private Administrator’s Guide
• Have you received an inheritance?
• WA Will Bank Deposit Form
A range of other electronic publications
such as forms, annual reports,
newsletters, bulletins and the Public
Trustee’s scale of fees are available at
www.publictrustee.wa.gov.au
58
Email: [email protected]
Web: www.publictrustee.wa.gov.au
Postal address:
GPO Box M946
PERTH WA 6843
Grants
Criminal Property
Confiscation Grants
Under the Criminal Property Confiscation
Act 2000, money and property used
for criminal activity can be confiscated
and funds made available for programs
that prevent or reduce drug-related
criminal activity, support victims of
crime or advance other law enforcement
purposes.
The Department administers the Criminal
Property Confiscation Grants Program on
behalf of the Attorney General.
Advertisements for applications are
placed in The West Australian newspaper
and the Department’s website whenever
a new funding round is opened.
The Regional Westlink Network also
promotes each new round.
Contact
Grants Administrator
Department of the Attorney General
Level 12, Westralia Square
141 St Georges Terrace
PERTH WA 6000
Phone: 9264 1206
Fax: 9264 6114
Email:
confiscation.grants.program@justice.
wa.gov.au
Web: www.dotag.wa.gov.au
During 2016, Criminal Property
Confiscation Grants will move location to
28 Barrack Street, Perth.
59
Victim Services
A priority of the Department of the Attorney General is to give victims of crime
access to quality services and a stronger voice in the justice process. By allowing
victims a more formal role in the criminal justice system, the Department can
significantly contribute to restoring a victim’s sense of wellbeing.
Support for victims
The Victim Support and Child Witness
Service offers a confidential service for
victims of crime or family violence and
for children who are required to appear
in court.
The three distinct but interrelated
services are:
• Victim Support Service
• Child Witness Service
• Family Violence Service.
is used if the offender pleads guilty or is
found to be guilty by the court.
The prosecutor presents it to the court
before sentencing and the judge or
magistrate may take it into account
when sentencing the offender.
If a victim chooses to make a victim
impact statement and requires help,
Victim Support and Child Witness Service
can help. They can also arrange to have
the statement translated into English if
required.
These services are flexible and offer
professional counsellors, trained
volunteers and a network of service
providers across the State. The types of
help offered by each service are detailed
in the following pages.
Information available
In a number of regional areas, all
services are delivered from one location.
Where this is not the case, the location
appears in the contact section under that
specific service.
• Special Witness Status
Preparing a victim impact
statement
A victim impact statement outlines the
way a crime has affected a victim and
60
Publications
• Victim Support Service
• Child Witness Service
• Family Violence Service
• Court support
• How can I help?
• Preparing a Victim Impact Statement
(VIS)
• What do I do now?
It is available for viewing at all courts
throughout WA. A version for Aboriginal
people is also available on request.
Bunbury Victim Support Service
Ground floor, Bunbury Court Complex
65 Wittenoom Street
BUNBURY WA 6230
Victim Support Service
Phone: 9781 4294 Fax: 9781 4233
Monday to Friday 8:30am - 4:30pm
The DVD and accompanying brochure
are available to victims of crime and
agencies.
Bunbury Child Witness Service
Phone: 9781 4212 Fax: 9781 4233
Monday to Friday 8:30am - 4:30pm
DVD
The Taking the Stand DVD helps adult
victims of crime who are required to
give evidence in court.
Contact
Victim Support and
Child Witness Service
Level 2, District Court Building
500 Hay Street
PERTH WA 6000
Phone: 9425 2850 Fax: 9425 4428
Freecall: 1800 818 988
Regional
Albany Victim Support
and Child Witness Service
Albany Courthouse
184 Stirling Terrace
ALBANY WA 6330
Phone: 9845 5222 Fax: 9841 7920
Monday to Friday 8:30am - 5pm
Broome Victim Support
and Child Witness Service
Kimberley Regional Offices
2 Weld Street
BROOME WA 6726
PO Box 5453
BROOME WA 6726
Phone: 9194 2400 Fax: 9194 2424
Monday to Friday 8:30am - 4:30pm
Carnarvon Victim Support
and Child Witness Service
29 Stuart Street
CARNARVON WA 6701
PO Box 1151
CARNARVON WA 6701
Phone: 9941 4070 Fax: 9941 4080
Monday to Friday 8:30am - 4:30pm
Derby Victim Support
and Child Witness Service
Derby Courthouse
Loch Street
DERBY WA 6728
PO Box 137
DERBY WA 6728
Phone: 9191 2274 Fax: 9191 1025
Monday to Friday 8am - 4pm
Esperance Victim Support
and Child Witness Service
Dempster Street
ESPERANCE WA 6450
PO Box 1145
ESPERANCE WA 6450
Phone: 9071 6318 Fax: 9083 2666
Monday to Wednesday 9am -2pm
Thursday 9am – 1pm
Friday 9am – 12:30pm
61
Geraldton Victim Support Service
Geraldton Courthouse
Marine Terrace
GERALDTON WA 6530
PO Box 250
GERALDTON WA 6530
Phone: 9964 4816 Fax: 9921 4358
Monday to Friday 8:30am - 5pm
Geraldton Child Witness Service
Geraldton Courthouse
Marine Terrace
GERALDTON WA 6530
PO Box 250
GERALDTON WA 6530
Phone: 9921 3722 Fax: 9921 4358
Monday to Friday 8:30am - 5pm
Kalgoorlie Victim Support
and Child Witness Service
Kalgoorlie Courthouse
208 Hannan Street
KALGOORLIE WA 6430
Phone: 9093 5334
Monday to Friday 8:30am – 4:30pm
Karratha Victim Support
and Child Witness Service
Karratha Courthouse
Balmoral Road
KARRATHA WA 6714
PO Box 478
KARRATHA WA 6714
Phone: 9143 1877 Fax: 9185 6188
Monday to Wednesday 8am - 4:30pm
62
Kununurra Victim Support
and Child Witness Service
Kununurra Courthouse
94 Coolibah Drive
KUNUNURRA WA 6743
PO Box 1676
KUNUNURRA WA 6743
Phone: 9166 5003 Fax: 9166 5050
Monday to Friday 8:30am - 4:30pm
Northam Victim Support
and Child Witness Service
Northam Courthouse
118 Wellington Street
NORTHAM WA 6401
PO Box 156
NORTHAM WA 6401
Phone: 9622 7017 Fax: 9622 1234
Tuesday to Friday 8:30am - 4:30pm
Peel Victim Support
and Child Witness Service
Rockingham Justice Complex
15 - 17 Whitfield Street
ROCKINGHAM WA 6168
Phone: 9527 7699 Fax: 9527 9782
Port Hedland Victim Support
and Child Witness Service
South Hedland Justice Complex
Hawke Place
SOUTH HEDLAND WA 6722
PO Box 2284
SOUTH HEDLAND WA 6722
Phone: 9172 9313 Fax: 9172 9330
Monday to Friday 8:30am – 4:30pm
Victim Support Service
Family Violence Service
The Victim Support Service (VSS) offers
free confidential counselling and support
services to victims of crime.
The Family Violence Service provides
information and support on dealing
with violence in intimate or family
relationships, including those between:
These services are provided by
professional counsellors and trained
volunteers. Services available to victims
of crime include:
• partners – married, de facto or
otherwise
• ex-partners
• counselling and support
• assessments for Special Witness Status
• help to obtain information on police
investigations
• providing information about court
proceedings
• preparing and supporting victims of
crime during a court case
• help in writing victim impact
statements
• information about criminal injuries
compensation
• information about other relevant
services
• providing referral to other support
services
• help to understand your rights within
the criminal justice system
• information on the status of convicted
offenders in WA through the Victim
Notification Register.
• same-sex couples
Contact
Midland Family Violence Service
Midland Courthouse
24 Spring Park Road
MIDLAND WA 6056
Phone: 9250 0229 Fax: 9274 6676
Victim Support and
Child Witness Service
Department of the Attorney General
Level 2, 500 Hay Street
PERTH WA 6000
Phone: 9425 2850 Fax: 9425 4428
Web: www.courts.dotag.wa.gov.au
www.victimsofcrime.wa.gov.au
• family members
• children of either member of a couple
• live-in carers.
Contact
Armadale Family Violence
Armadale Courthouse
109 Jull Street
ARMADALE WA 6112
Phone: 9339 0722 Fax: 9487 1488
Fremantle Family Violence Service
Fremantle Justice Complex
8 Holdsworth Street
FREMANTLE WA 6160
Phone: 9431 0324 Fax: 9335 9783
Joondalup Family Violence Service
Joondalup Courthouse
21 Reid Promenade
JOONDALUP WA 6027
Phone: 9400 0707 Fax: 9400 0728
63
Perth Family Violence Service
Level 5, Central Law Courts
501 Hay Street
PERTH WA 6000
Phone: 9425 2459 Fax: 9425 2465
Rockingham Family Violence Service
Rockingham Justice Complex
15 - 17 Whitfield Street
ROCKINGHAM WA 6168
Phone: 9592 4018 Fax: 9527 9280
Information/referral to domestic and
family violence services can also be
obtained from the Women’s Council for
Domestic and Family Violence Services
WA.
Visit www.dotag.gov.au and follow the
links to victims of crime/family violence
service where you can find brochures
about the Family Violence Service and
the Family Violence Courts.
Child Witness Service
The Child Witness Service (CWS) provides
free emotional, practical preparation and
support for children who are under 18
years and may have to give evidence to
a court.
The Services provided by the CWS
include:
• practical and emotional preparation
and support for child complainants and
witnesses who are required to give
evidence in court
• information to caregivers about court
proceedings
• assessment of children’s needs for
giving evidence in court
64
• referral to counselling agencies
• preparing a victim impact statement
even if the child is not required to give
evidence
• working with the police and the Office
of the Director of Public Prosecutions
to ensure the child and the family are
kept fully informed of the progress of
the case through the courts.
Referring children to the service
Referrals to the child witness service
are made by the police but can also be
made by the child’s caregiver/s or by a
non-government agency.
Information available
Publications
• Information brochure for children and
parents to explain the role of the
service and the process involved in
preparing a child witness. A version is
available for Aboriginal people.
• Court information sheet series.
• A Guide to Giving Evidence magazine
and video on the Commissioner for
Victims of Crime website - Your Voice:
Children and Adolescents.
Contact
Victim Support and
Child Witness Service
Department of the Attorney General
Level 2, District Court Building
500 Hay Street
PERTH WA 6000
Phone: 9425 2850 Fax: 9425 2167
Web: www.dotag.wa.gov.au
Criminal Injuries
Compensation
The State Government provides for
victims of crime to be compensated for
their injuries and some losses under
the Criminal Injuries Compensation Act
2003. A victim can claim compensation
for an incident reported to the police,
regardless if the offender has been
identified, charged or convicted of the
crime.
If an offender is acquitted it is unlikely
there will be compensation.
You are eligible for compensation if you
are:
• the victim of an offence and injured as
a result
• a close relative of a person killed as a
result of an offence and have suffered
certain losses because of the death.
The Criminal Injuries Compensation Act
provides compensation if you suffer
bodily harm, mental or nervous shock or
pregnancy resulting from an offence.
Compensation is available for:
•
•
•
•
pain and suffering
loss of enjoyment of life
loss of earnings
medical and funeral expenses you
have paid, or will have to pay
• incidental expenses, such as travel and
loss from damage to personal items
• the reasonable cost of reports to
support your claim.
When an offence has caused a person’s
death, a close relative can apply for
funeral expenses and loss of support.
The amount of compensation you may
be awarded depends on the extent of
your injuries and the losses you have
suffered. The maximum compensation
that may be awarded depends on the
date of the offence.
Compensation is available for offences
committed on or after 22 January 1971,
as follows:
• on or after 1 January 2004 - $75,000
• between 1 July 1991 and 31
December 2003 - $50,000
• between 1 January 1986 and 30 June
1991 - $20,000
• between 1 January 1983 and 31
December 1985 - $15,000
• between 18 October 1976 and
31December 1982 - $7,500
• between 22 January 1971 and 17
October 1976 - $2,000.
Although it is preferable for your
application to be made when you have
reached the maximum stage of recovery
from your injuries, you only have three
years from the date of the offence to
lodge an application.
If you apply after three years you will
need to seek an extension of time and
give reasons for the delay.
Making an application
Application forms are available online at
www.dotag.wa.gov.au, by phoning
9425 3250, or by writing to the
Chief Assessor of Criminal Injuries
Compensation. Medical reports and
other documents need to be provided
with an application. You can submit an
application yourself or engage a solicitor
to act on your behalf.
65
However, the assessor cannot include
the legal costs in your compensation.
There is no fee to lodge an application.
Most applications are assessed using the
information provided.
The assessor can seek further
information from you or others, such
as employers or hospitals, to assist
in assessing your claim. You may be
required to attend a private, informal
hearing. You will be notified in advance
if the person who committed the
offence will be present at the hearing.
Information available
Publications
• Compensation for victims of crime
• Application form for criminal injuries
compensation
• Chief Assessor’s annual report
Contact
A convicted offender is notified of your
claim by the assessor’s office and may
be entitled to receive information about
it. If information is provided, personal
details such as addresses and telephone
numbers will be removed.
Office of Criminal Injuries
Compensation
Department of the Attorney General
Level 12, International House
26 St Georges Terrace
PERTH WA 6000
Phone: 9425 3250
Fax: 9425 3271
Email:
[email protected]
Web: www.courts.dotag.wa.gov.au
Your application is confidential. However,
copies of decisions made by the assessor
are available at www.austlii.edu.au.
Postal address:
GPO Box F317
PERTH WA 6841
In some cases, assessors can order the
names of people awarded compensation
not be made public. This is usually done
in awards involving sexual offences
or juvenile offenders. The State may
take action to recover the money from
offenders. You will not be involved in
these proceedings.
Appealing a decision
If you disagree with the assessor’s
decision, you can lodge an appeal in the
District Court within 21 days from the
date of the decision. You must also serve
copies of the notice of appeal on the
other party.
66
Related Service Providers
Department of Corrective Services
Legal Aid WA
Level 9, Westralia Square
141 St Georges Terrace
PERTH WA 6000
Phone: 13 12 17
Web: www.correctiveservices.wa.gov.au
32 St Georges Terrace
PERTH WA 6000
Phone: 1300 650 579
Web: www.legalaid.wa.gov.au
Law Reform Commission of WA
Level 12, Westralia Square
141 St Georges Terrace
PERTH WA 6000
Phone: 9264 1340
Fax: 9264 6114
Email: [email protected]
Web: www.lrc.justice.wa.gov.au
Office of the Director
of Public Prosecutions
Level 1, International House
26 St Georges Terrace
PERTH WA 6000
Phone: 9425 3999
Freecall (country callers): 1800 264 144
Fax: 9425 3600
Email: [email protected]
Web: www.dpp.wa.gov.au
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HEADING
Index
Aboriginal liaison officers ....................... 35
Coroner’s Court ........................................ 49
Aboriginal court....................................... 48
Corporate information ............................ 15
Aboriginal Justice Program..................... 24
Corporate services .................................. 18
Aboriginal Services .......................... 18, 24
Corporate structure ................................... 8
Aboriginal Mediation Service................. 24
Court child minding ................................ 33
About the Department ............................. 6
Court counselling and support.. 21, 60-64
Access to non-personal information ..... 13
Court security ......................................... 33
Access to personal information ............. 13
Court procedures ................................31-33
Accountable authority .............................. 7
Court video-link....................................... 34
Amending personal information ........... 13
Court Welfare Service ...................... 21, 34
Attending court ....................................... 31
Criminal and civil
court case procedures .......................32-33
Attorney General ...................................... 7
Births, deaths and marriages .... 20, 27-30
Boards ................................................ 51-53
Certificates .........................................27-28
Child witnesses ....................................... 64
Children’s Court ....................................... 40
Civil and administrative matters ........... 32
Commemorative birth certificates......... 28
Commissioner for Victims of Crime ...... 11
Complaints .............................................. 16
68
Criminal Injuries Compensation ...... 65-66
Criminal property confiscation grants ... 59
Customer feedback ................................. 16
Deaths ............................................... 27, 49
Deceased estate administration ............ 57
Director General ................................ 3, 7-8
Disability access ...................................... 17
District Court ............................................ 38
Drug Court ............................................... 46
Employee information, access to .......... 14
Employment .......................................18-20
Enduring Power of Attorney .................. 25
Enduring Power of Guardianship........... 25
Estate administration.............................. 57
Family Court Counselling
and Consultancy...................................... 38
Mentally Impaired
Accused Review Board........................... 52
Parliamentary Counsel’s Office .........9, 19
Prisoners Review Board ......................... 52
Private administrator support ................ 58
Public Advocate ................... 19, 22, 25-26
Public interest disclosure ..................15-16
Family Court ............................................ 37
Public Trustee ..............................19, 57-58
Family Violence ....................................... 47
Self-represented litigants ....................... 33
Family Violence Service ................... 63-64
Sheriff’s Office ................................... 54-55
Fines and enforcement services ..... 54-55
State Administrative Tribunal .......... 50-51
Freedom of information ......................... 12
State Solicitor’s Office ...................... 10, 20
Gender Reassignment Board ................. 51
Supervised Release Review Board ....... 53
Give2Good Foundation ........................... 57
Supreme Court .................................. 36-37
Grants....................................................... 59
Trust management ........................... 57-58
Jury services ...................................... 35-36
Victim impact statement ....................... 60
Justices of the peace ....................... 22, 56
Victim services ..................................60-66
Lodging documents electronically ........ 38
Volunteers...........................................21-22
Magistrates courts .................................. 41
Website .................................................... 17
Marriage ceremonies ............................. 27
Wills.......................................................... 57
Mental Health Court ............................... 48
69