VPRS 10179 Court f Petty Sessions Commonwealth Case Register

Full description

Section 77(iii) of the Commonwealth of Australia Constitution Act 1900 vested the new Parliament of the Commonwealth of Australia with the power to invest state courts with the jurisdiction to determine matters brought to court under Commonwealth legislation. Courts of Petty Sessions, known since 1971 as Magistrates Courts, have included a Commonwealth jurisdiction since Federation. Cases have been brought to these courts under Commonwealth Acts dealing with various matters including taxation, electoral matters, wireless and television licensing and conciliation and arbitration.

Successive Justices' Acts and, more recently, Magistrates' Court Acts have required the clerk or registrar of each court to make and keep a register of convictions, orders and other proceedings of the court. This register is the authoritative record of the court. In 1915 all Clerks of Court were instructed to keep a separate register for matters heard under Commonwealth legislation and for cases where the defendant resided in another state. Cases falling into either of these categories were recorded in Commonwealth Registers.

Commonwealth Registers are very similar to other Court Registers. Commonwealth Registers are generally in a common format, giving details of the case number, the name of the prosecutor or informant, the name of the accused or defendant, how the case came to court (arrest, warrant, summons etc), the fees or court costs accrued, a description of the charge, cause or proceeding (usually indicating the Act under which the charges have been laid), the decision or order and any remarks. The column for remarks was often used to record the payment of fines and fees. In order to authenticate entries made in the register the presiding officer(s) of the court signed it at the end of each day.