Class 5 - Criminal proceedings
Proceedings in Class 5 involve:
Proceeedings
Proceedings in Class 5 involve summary criminal enforcement proceedings, usually by government authorities prosecuting offences against planning or environmental laws.
Class 5 prosecutions are heard by a judge without a jury.
Practice and procedure
Practice and procedure in Class 5 matters can be found in Practice Note Class 5 proceedings. (PDF , 218.7 KB)
Fast facts
Of the new prosecutions commenced in 2019:
- 32% were by the Environment Protection Authority or Office of Environment and Heritage
- 4% were by local councils
- 21% were by the Department of Planning and Environment
- 38% were by the Natural Resources Access Regulator.
Of the prosecutions determined by the Court in 2019:
- 63% involved a guilty plea
- 10% involved a not guilty plea
- 28% involved no plea.
Of the prosecutions determined by the Court in 2019:
- 65% resulted in a conviction
- 32% resulted in an acquittal
The penalties imposed included fines, orders to pay clean up or investigation costs, publication orders and environmental service orders. Fines ranged from $500 to $348,750.
In 2019, 80% of Class 5 prosecutions were finalised within 16 months of commencement. The median completion time was 374 days.
In 2019, Class 5 prosecutions were 7% of the Court's finalised caseload.
