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Filing a complaint for a non-arrestable offence

Magistrate's Complaints

If you believe that a criminal offence has been committed against you and you would like to commence private prosecution, you can choose to file a Magistrate’s Complaint to the court.

What is a Magistrate’s Complaint

Magistrate's Complaint is an application to a magistrate to inquire into an alleged offence and give directions for further action. Each application costs $20.

Anyone who believes that a criminal offence has been committed against them may file a Magistrate's Complaint.

The person who files the Magistrate’s Complaint is known as the complainant. The person against whom the Magistrate’s Complaint is filed is known as the respondent.

Refer to the table of what could be considered as possible offences.

Example	Offence
Someone hurt you. For example, the person(s) punched/kicked you.	Voluntarily causing hurt (Sections 319 - 320 of the Penal Code 1871)
Someone used threatening, abusive, or insulting words or actions towards you, causing you harassment, alarm or distress. For example, the person(s) said vulgarities to you. There was no threat of violence towards you.	Harassment (threatening, abusive, or insulting words or actions) (Sections 3-4 of the Protection from Harassment Act 2014)
Someone used threatening, abusive, or insulting words or actions towards you, making you feel that violence would be used against you or provoke you to use violence. For example, the person(s) threatened to hurt you.	Fear, provocation or facilitation of violence (Section 5 of the Protection from Harassment Act 2014)
Someone stalked you. For example, the person(s) followed you home.	Stalking (Section 7 of the Protection from Harassment Act 2014)
Someone damaged your property. For example. the person threw away your bicycle.	Mischief (Section 425 of the Penal Code 1871)
Someone cheated you. For example, the person told you that his "magic stone" had healing powers and made you pay $10,000 for it.	Cheating (Section 415 of the Penal Code 1871)
Someone knows that you have a Protection Order against him and yet he breached it.	Breach of Protection Order (Section 10 of the Protection from Harassment Act 2014)
Someone knows that you have a Special Direction/Exclusion Order against him and yet he breached it.	Breach of Special Direction/Exclusion Order (Section 7 or 10 of the Community Disputes Resolution Act 2015)

Before you file

Before you begin, you may read through the Quick Guide (PDF, 440 KB) to check if you are eligible to file for a Magistrate’s Complaint, and to ascertain what crime(s) may have been committed.

How to file

Note

Step 1: Download and prepare in advance the Grounds of Complaint (PDF, 21 KB) Describe what happened to you in as much detail as possible, and as accurately as possible. Save this file as either a Word document or PDF for use in Step 2 below.

Step 2: Submit the Magistrate’s Complaint and supporting documents, including your Grounds of Complaint, using the Magistrate's Complaint Form.

Step 3: Wait for an email from the courts in 7 working days. You will be informed of the appointment date to see a magistrate, who will decide what happens next.

After you file

Step 4: Attend court on the appointment date for the payment of fees and the affirmation before the magistrate.

Step 5: Follow the magistrate's order.

Your case may proceed to mediation, be referred to the police for them to conduct inquiries to ascertain the truth or falsehood of the complaint, proceed to private prosecution or be subjected to other outcomes. The court may dismiss the complaint if there is insufficient reason for the complaint to proceed such as when no offence is disclosed.