VPRS 4641 Court of Petty Sessions/Magistrates' Court Commonwealth Cases Registers

Full description

Background: The Commonwealth Jurisdiction of Petty Sessions/Magistrates Courts

Section 77(iii) of the Commonwealth of Australia Constitution Act 1900, which established the Commonwealth of Australia, vested in the new Parliament of Australia responsibilities for enacting legislation relating to a large number of matters. It also gave Parliament the power to invest state courts with the jurisdiction to determine matters brought to court under Commonwealth legislation.

Since Federation, Victorian Courts of Petty Sessions have heard matters brought to court under several Commonwealth Acts including taxation, electoral, wireless and television licensing and conciliation and arbitration legislation.

Commonwealth Registers

Successive Justices' Acts and, more recently, Magistrates' Court Acts have required the clerk or registrar of the 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 Courts were instructed to keep a separate register for matters under Commonwealth legislation (as described above) and for cases where the defendant resided in another state. Cases falling into either of these categories were recorded in Commonwealth Registers. Prior to about 1915, Commonwealth matters were recorded in ordinary Petty Sessions Registers.
Content

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 the 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.