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Applying for review of an enforcement determination

Is there any way to get an enforcement determination reviewed?

You can apply to the Court for a review of the determination within 30 days of becoming aware of the order [Expiation of Offences Act 1996 (SA) s 14(1)]. The Court may allow you to apply outside of this time limit if good reason exists for doing so (s 14(5)).

You can only apply to review the enforcement determination on the grounds that you should not have been given the expiation notice in the first place because you did not commit the offence(s) which the expiation notice relates to [Expiation of Offences Act 1996 (SA) s 14(3)]. The issuing authority will be a party to the appeal.

You will need to complete the relevant form. Enquiries about this should be directed to the Registry staff at the Magistrates Court.

After you lodge your application, the Registrar will notify the authority that issued you with the expiation notice and then list it for hearing before a Magistrate or special justice within 14 days.

If the authority does not notify the Registrar of any objection to your application, the Magistrate or special justice will consider your application at the first hearing.

Neither you, nor the authority, are required to attend the hearing. However, if you would like to attend you should let the court staff know when you lodge your application.

If the authority objects to your application or the Magistrate or special justice, after having considered your application does not intend to grant it, the Magistrate or special justice will set a time for a second hearing. The Registrar will notify both you and the authority of the second hearing and each of you may attend the hearing to present further submissions and evidence to the Court.

The Magistrate or special justice may confirm, change or revoke the determination.

If the Magistrate or special justice revokes a determination it will be taken to be void (i.e. have no effect) and you will not be taken to have expiated the offence (s 14(6)). Any enforcement actions already taken will also be revoked.

There is no right of appeal from the decision of the Magistrate or special justice [s 14(7)].

See Expiation of Offences Act 1996 (SA) s 14.

See also Magistrates Court Act 1991 (SA) ss 7A and 9A.

See also Magistrates Court Rules 1992 (SA) r 47.

Applying for review of an enforcement determination  :  Last Revised: Mon Apr 23rd 2018
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