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 1 2 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 3 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 4 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 5 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 7 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. 8 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 9 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 10 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. 11 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. 12 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. 13 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. 14 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. 15 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 16 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: • • • • • • • • • 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. 18 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 67 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