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Government Proceedings
Act 1956

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to make provision for proceedings by and against the Government.

[25 February 1965]

PART 1

PRELIMINARY

Short title

1. This Act is the Government Proceedings Act 1956.

Interpretation

2.—(1) Any reference in this Act to the provisions of this Act shall, unless the context otherwise requires, include a reference to Rules of Court made for the purposes of this Act.

(2) In this Act, except insofar as the context otherwise requires or it is otherwise expressly provided —

“civil proceedings” means proceedings of whatever kind of a civil nature before a court and includes proceedings for judicial review and recovery of fines and penalties and an application at any stage of a proceeding;

“law officer” means the Attorney-General, a Deputy Attorney‑General and the Solicitor‑General;

“legal officer” includes a law officer and a legally qualified member of the Attorney‑General’s Chambers;

“officer”, in relation to the Government, includes a person in the permanent or temporary employment of the Government and accordingly (but without prejudice to the generality of the foregoing) includes a Minister of the Government;

“order” includes a judgment, decree, rule, award or declaration;

“prescribed” means prescribed by or under Rules of Court made for the purposes of this Act;

“proceedings against the Government” includes a claim by way of set‑off or counterclaim in proceedings by the Government;

“State Court” means a District Court and any Magistrate Court.

[7/97; 5/2014; 41/2014]

(3) Any reference in Part 4 or 5 to civil proceedings by or against the Government, or to civil proceedings to which the Government is a party, shall be construed as including a reference to civil proceedings to which any officer of the Government as such is a party:

Provided that the Government shall not for the purposes of Parts 4 and 5 be deemed to be a party to any proceedings by reason only that they are brought by the Attorney-General upon the relation of some other person.