Magistrates Court of South Australia

Magistrates Court of South Australia
Adelaide Magistrates Court building
Map
34°55′49″S 138°36′02″E / 34.930322°S 138.600586°E / -34.930322; 138.600586
Established1837
Jurisdiction South Australia
LocationVarious locations across South Australia. The main Magistrates Court is located in Adelaide.
Coordinates34°55′49″S 138°36′02″E / 34.930322°S 138.600586°E / -34.930322; 138.600586
Composition methodVice-regal appointment upon nomination by the Attorney General and Executive Council of South Australia following the advice of the Chief Justice and Chief Magistrate of South Australia.
Authorised byParliament of South Australia via the: Magistrates Court Act 1991 (SA)
Appeals toDistrict Court of South Australia Supreme Court of South Australia
Judge term lengthMandatory retirement by age of 70
WebsiteMagistrates Court of SA
Chief Magistrate
CurrentlyMary-Louise Hribal
Since1 October 2015

The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the Court of Sessions Act 1837.[1] It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA).[2]

The Magistrates Court has both a criminal and civil jurisdiction. In its criminal jurisdiction, the Magistrates Court deals with summary offences[3] and minor indictable offences.[4] The court has the power to impose a fine, imprisonment of up to five years for one offence,[5] an intensive correction order[6] (which may include community service[7]) or a good behaviour bond.[8] In its civil jurisdiction, it hears matters involving up to $100,000 for general claims, unless this requirement is waived by the parties to the proceeding.[9]

The Chief Magistrate is the leading judicial officer of the Court. Her Honour Judge Mary-Louise Hribal was appointed to the position on 1 October 2015,[10] and as of February 2023 still holds the position.[11] Including the Chief Magistrate, there are 34 magistrates[10] in South Australia, based in Adelaide and in metropolitan courts at Christies Beach, Elizabeth, Mount Barker and Port Adelaide.[12] There are also nine magistrates based in the regional courts of South Australia.[10]

  1. ^ Court of Sessions Act (1837) SA. (Austl.).
  2. ^ Magistrates Court Act 1991
  3. ^ Summary offences
  4. ^ "Minor Indictable Offences".
  5. ^ Magistrates Court Act 1991 (SA) s 9(4)(a) (Austl.).
  6. ^ Sentencing Act 2017 (SA) s 81 (Austl.).
  7. ^ Sentencing Act 2017 (SA) s.86 (Austl.).
  8. ^ Sentencing Act 2017 (SA) s 97 (Austl.).
  9. ^ Magistrates Court Act 1991 (SA) ss 3, 8 (Austl.).
  10. ^ a b c Courts Administration Authority of South Australia. (2021). Our Judiciary.
  11. ^ Cite error: The named reference katsaras2023 was invoked but never defined (see the help page).
  12. ^ Courts Administration Authority of South Australia. (2021). Court Locations – CAA. Retrieved from [1]