COURTS ADMINISTRATION LEGISLATION AMENDMENT BILL 2015

2013-2014-2015

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Courts Administration Legislation

Amendment Bill 2015

No. , 2015

(Attorney-General)

A Bill for an Act to amend the law relating to the

administration of courts, and for other purposes

No. , 2015

Courts Administration Legislation Amendment Bill 2015

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 2

Schedule 1--Amendments relating to the Federal Court of

Australia

Part 1--Amendments commencing 1 July 2016

Federal Court of Australia Act 1976

Part 2--Amendments commencing 1 January 2018

Federal Court of Australia Act 1976

Schedule 2--Amendments relating to the Family Court of

Australia

Part 1--Amendments commencing 1 July 2016

Family Law Act 1975

Part 2--Amendments commencing 1 January 2018

Family Law Act 1975

Schedule 3--Amendments relating to the Federal Circuit Court

of Australia

Federal Circuit Court of Australia Act 1999

Schedule 4--Amendments relating to the National Native Title

Tribunal

Native Title Act 1993

Schedule 5--Consequential amendments

Part 1--Family Court Chief Justice, Deputy Chief Justice and

Judge Administrators

Administrative Decisions (Judicial Review) Act 1977

Australian Securities and Investments Commission Act 2001

Bankruptcy Act 1966

Child Support (Assessment) Act 1989

Child Support (Registration and Collection) Act 1988

Courts Administration Legislation Amendment Bill 2015

No. , 2015

Competition and Consumer Act 2010

Court Security Act 2013

Judicial and Statutory Officers (Remuneration and Allowances) Act

1984

Remuneration and Allowances Act 1990

Taxation Administration Act 1953

Part 2--Chief Executive Officers--amendments commencing

1 July 2016

Aboriginal and Torres Strait Islander Act 2005

Bankruptcy Act 1966

Copyright Act 1968

Court Security Act 2013

Ombudsman Act 1976

Privacy Act 1988

Public Interest Disclosure Act 2013

Part 3--Chief Executive Officers--amendments commencing

1 January 2018

Court Security Act 2013

Ombudsman Act 1976

Public Interest Disclosure Act 2013

Schedule 6--Application and transitional provisions

Part 1--Definitions

Part 2--Names of offices, appointments etc.

Part 3--Matters relating to the finance law

Part 4--Matters relating to APS employment

Part 5--Transitional rules

No. , 2015

Courts Administration Legislation Amendment Bill 2015

A Bill for an Act to amend the law relating to the

administration of courts, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Courts Administration Legislation

Amendment Act 2015.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Courts Administration Legislation Amendment Bill 2015

No. , 2015

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1,

Part 1

1 July 2016.

1 July 2016

3. Schedule 1,

Part 2

1 January 2018.

1 January 2018

4. Schedule 2,

Part 1

1 July 2016.

1 July 2016

5. Schedule 2,

Part 2

1 January 2018.

1 January 2018

6. Schedules 3

and 4

1 July 2016.

1 July 2016

7. Schedule 5,

Parts 1 and 2

1 July 2016.

1 July 2016

8. Schedule 5,

Part 3

1 January 2018.

1 January 2018

9. Schedule 6

The day this Act receives the Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amendments relating to the Federal Court of Australia Schedule 1

Amendments commencing 1 July 2016 Part 1

No. , 2015

Courts Administration Legislation Amendment Bill 2015

Schedule 1--Amendments relating to the

Federal Court of Australia

Part 1--Amendments commencing 1 July 2016

Federal Court of Australia Act 1976

1 Section 4

Insert:

administrative affairs of the Court has a meaning affected by

subsection 18A(1A).

Australian court means a federal court or a court of a State or

Territory.

Chief Executive Officer means the Chief Executive Officer and

Principal Registrar of the Court.

Note:

The Chief Executive Officer is appointed under section 18C. A person

is appointed to act as the Chief Executive Officer under section 18M.

corporate services of the Court has the meaning given by

subsection 18A(1B).

Family Court Chief Executive Officer means the Chief Executive

Officer of the Family Court of Australia.

Federal Circuit Court Chief Executive Officer means the Chief

Executive Officer and Principal Registrar of the Federal Circuit

Court of Australia.

finance law has the same meaning as in section 8 of the Public

Governance, Performance and Accountability Act 2013.

2 Section 15A (heading)

Repeal the heading, substitute:

Schedule 1 Amendments relating to the Federal Court of Australia

Part 1 Amendments commencing 1 July 2016

Courts Administration Legislation Amendment Bill 2015

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15A Consultation between the Chief Justice of the Court and the

Chief Justice of the Family Court

3 Section 15A

Omit "Chief Justice and the Chief Judge", substitute "Chief Justice of

the Court and the Chief Justice".

4 Division 1 of Part IIA (heading)

Repeal the heading, substitute:

Division 1--Management responsibilities of Chief Justice

and Chief Executive Officer

5 After subsection 18A(1)

Insert:

(1A) The administrative affairs of the Court do not include the

corporate services of the Court.

(1B) The following matters relating to the Court are the corporate

services of the Court:

(a) communications;

(b) finance;

(d) information technology;

(e) libraries;

(f) procurement and contract management;

(g) property;

(h) risk oversight and management;

(i) statistics;

(j) any other matter prescribed by a determination under

subsection (5).

6 Subsection 18A(2)

Omit "For that purpose,", substitute "For the purpose referred to in

subsection (1),".

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7 Subsection 18A(4)

Omit "$250,000", substitute "$1,000,000".

8 At the end of section 18A

Add:

(5) The Attorney-General may, by legislative instrument, determine

matters that are the corporate services of the Court (see

paragraph (1B)(j)).

9 Section 18B (heading)

Repeal the heading, substitute:

18B Chief Executive Officer

10 Section 18B

Omit "Registrar of the Court", substitute "Chief Executive Officer".

11 After section 18B

Insert:

18BAA Arrangements with other courts

(1) The Chief Justice may arrange with the chief judicial officer

(however described) of another Australian court for an officer or

officers of that court to perform on behalf of the Court any or all of

the following functions:

(a) the receipt of documents to be lodged with or filed in the

Court;

(b) the signing and issuing of writs, commissions and process for

the purposes of any proceedings in the Court;

(d) the administration of oaths and affirmations, and the

witnessing of affidavits, for the purposes of any proceedings

in the Court;

(e) such other non-judicial functions as are permitted by the

Rules of Court to be performed under such an arrangement;

(f) such other non-judicial functions as the Chief Justice

considers appropriate.

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(2) If an arrangement under subsection (1) is in force in relation to the

performance by an officer of an Australian court of a function on

behalf of the Court, the officer may perform that function despite

any other provision of this Act or any other law of the

Commonwealth.

(3) A function performed on behalf of the Court in accordance with an

arrangement under subsection (1) has effect as if the function had

been performed by the Court.

(4) Copies of an arrangement under subsection (1) are to be made

available for inspection by members of the public.

(5) For the purposes of this section, a member of the staff of an

Australian court is taken to be an officer of that court.

12 Division 1A of Part IIA

Repeal the Division.

13 Division 2 of Part IIA (heading)

Repeal the heading, substitute:

Division 2--Appointment, powers etc. of Chief Executive

Officer

14 Section 18C

Repeal the section, substitute:

18C Establishment and appointment of Chief Executive Officer

(1) There is to be a Chief Executive Officer and Principal Registrar of

the Court.

(2) The Chief Executive Officer is to be appointed by the

Governor-General by written instrument on the nomination of the

Chief Justice.

15 Section 18D (heading)

Repeal the heading, substitute:

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18D Powers of Chief Executive Officer

16 Section 18D

Omit "Registrar" (wherever occurring), substitute "Chief Executive

Officer".

17 Section 18E (heading)

Repeal the heading, substitute:

18E Remuneration of Chief Executive Officer

18 Section 18E

Omit "Registrar" (wherever occurring), substitute "Chief Executive

Officer".

19 Section 18F (heading)

Repeal the heading, substitute:

18F Terms and conditions of appointment of Chief Executive

Officer

20 Sections 18F, 18G and 18H

Omit "Registrar" (wherever occurring), substitute "Chief Executive

Officer".

21 Section 18J (heading)

Repeal the heading, substitute:

18J Outside employment of Chief Executive Officer

22 Subsection 18J(1)

Omit "Registrar", substitute "Chief Executive Officer".

23 Section 18K

Omit "Registrar" (wherever occurring), substitute "Chief Executive

Officer".

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24 Section 18L (heading)

Repeal the heading, substitute:

18L Disclosure of interests by Chief Executive Officer

25 Section 18L

Omit "Registrar" (wherever occurring), substitute "Chief Executive

Officer".

26 Section 18M (heading)

Repeal the heading, substitute:

18M Acting Chief Executive Officer

27 Section 18M

Omit "Registrar" (wherever occurring), substitute "Chief Executive

Officer".

28 Section 18N (heading)

Repeal the heading, substitute:

18N Personnel other than the Chief Executive Officer

29 Subsection 18N(1)

Omit "the Registrar", substitute "the Chief Executive Officer".

30 Before paragraph 18N(1)(a)

Insert:

(aa) such Registrars as are necessary;

31 Paragraph 18N(1)(b)

Omit "Deputy Registrars and".

32 Subsection 18N(2)

Omit "Registrar", substitute "Chief Executive Officer".

33 Subsection 18N(3)

Repeal the subsection.

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34 Subsections 18N(4) and (6)

Omit "Registrar", substitute "Chief Executive Officer".

35 Subsection 18N(6)

After "the purposes of ", insert "the administrative affairs of".

36 Sections 18Q and 18R

Repeal the sections.

37 Subsection 18S(1) (note)

Repeal the note.

38 At the end of section 18S

Add:

(4) A report prepared under this section may be included in a report

prepared and given to the Attorney-General under section 46 of the

Public Governance, Performance and Accountability Act 2013 in

relation to the listed entity referred to in section 18ZB.

39 Section 18X (heading)

Repeal the heading, substitute:

18X Proceedings arising out of the administrative affairs of Court

40 Section 18X

Omit "Registrar", substitute "Chief Executive Officer".

41 Section 18Y

Omit "The Registrar, a District Registrar, a Deputy Registrar",

substitute "The Chief Executive Officer, a Registrar, a District

Registrar".

42 Section 18Y

Omit "Registrar, District Registrar, Deputy Registrar", substitute

"Chief Executive Officer, Registrar, District Registrar".

43 After Part IIA

Insert:

Schedule 1 Amendments relating to the Federal Court of Australia

Part 1 Amendments commencing 1 July 2016

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Part IIB--Corporate services and other matters

Division 1--Corporate services

18Z Corporate services

(1) The Chief Executive Officer has the following functions:

(a) providing the corporate services of the Court;

(b) providing the corporate services of the Family Court of

Australia (within the meaning of the Family Law Act 1975);

(within the meaning of the Federal Circuit Court of Australia

Act 1999).

(2) The Chief Executive Officer has the power to do all things

necessary or convenient to be done for the purpose of

subsection (1).

(3) The Chief Executive Officer must consult with the following

persons in relation to the Chief Executive Officer's performance of

functions, or exercise of powers, under this section:

(a) the Chief Justice;

(b) the Chief Justice of the Family Court of Australia;

(d) the Family Court Chief Executive Officer;

(e) the Federal Circuit Court Chief Executive Officer.

(4) A failure to comply with subsection (3) in relation to a decision

does not affect the validity of the decision.

(5) When performing functions, or exercising powers, under this

section, the Chief Executive Officer must not make a decision that

has the effect of imposing an expenditure obligation on:

(a) the Court in relation to the administrative affairs of the Court;

(b) the Family Court of Australia in relation to the administrative

affairs of that Court (within the meaning of the Family Law

Act 1975); or

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affairs of that Court (within the meaning of the Federal

Circuit Court of Australia Act 1999);

unless:

(d) both:

(i) the Chief Executive Officer consults the relevant Chief

Justice or Chief Judge about the decision; and

(ii) the relevant Chief Justice or Chief Judge consents to the

decision; or

(e) the Attorney-General consents to the decision after

consulting the relevant Chief Justice or Chief Judge about it.

Delegation

(6) The Chief Executive Officer may, in writing, delegate to the holder

of an office or position referred to in subparagraph 18ZB(a)(ii) or

(iii) all or any of his or her functions or powers under this section.

(7) If the Chief Executive Officer delegates a function or power to a

person (the delegate) under subsection (6), the Chief Executive

Officer may give written directions to the delegate in relation to the

performance of the function or the exercise of the power.

(8) The delegate must comply with any directions given under

subsection (7).

18ZA Proceedings in relation to corporate services

Any judicial or other proceeding relating to a matter arising out of

the Chief Executive Officer's performance of functions, or exercise

of powers, under section 18Z may be instituted by or against the

Commonwealth, as the case requires.

Division 2--Application of the finance law

18ZB Application of the finance law

For the purposes of the finance law:

(a) the following group of persons is a listed entity:

(i) the Chief Executive Officer;

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(ii) the officers of the Court referred to in

subsection 18N(1);

(iii) the staff of the Registries referred to in

subsection 18N(7);

(iv) the Family Court Chief Executive Officer;

(v) the officers of the Family Court of Australia referred to

in subsection 38N(1) of the Family Law Act 1975;

(vi) the staff of the Registries referred to in

subsection 38N(7) of the Family Law Act 1975;

(vii) the Federal Circuit Court Chief Executive Officer;

(viii) the officers of the Federal Circuit Court referred to in

subsection 99(1) of the Federal Circuit Court of

Australia Act 1999;

(ix) the staff of the Federal Circuit Court referred to in

section 112 of the Federal Circuit Court of Australia

Act 1999; and

(x) the Native Title Registrar;

(xi) the Deputy Registrars of the National Native Title

Tribunal;

(xii) the staff assisting the National Native Title Tribunal

referred to in subsection 130(1) of the Native Title Act

1993;

(xiii) consultants engaged under section 18ZI for the purposes

of the National Native Title Tribunal; and

(b) the listed entity is to be known as the Federal Court of

Australia; and

the listed entity; and

(d) the persons referred to in paragraph (a) are officials of the

listed entity; and

(e) the purposes of the listed entity include the following:

(i) the functions of the Chief Executive Officer under

sections 18B and 18Z of this Act;

(ii) the functions of the Family Court Chief Executive

Officer under sections 38B and 38BA of the Family

Law Act 1975;

(iii) the functions of the Federal Circuit Court Chief

Executive Officer under sections 93A and 96 of the

Federal Circuit Court of Australia Act 1999;

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(iv) the function of the Chief Executive Officer under

subsection 129(1) of the Native Title Act 1993.

18ZC Delegation of powers etc. under the finance law

Section 110 of the Public Governance, Performance and

Accountability Act 2013 applies as if:

(a) for the delegation of a matter that relates to the administrative

affairs of the Family Court of Australia (within the meaning

of the Family Law Act 1975)--a reference to an official were

a reference to:

(i) the Family Court Chief Executive Officer; or

(ii) the holder of an office or position referred to in

subparagraph 18ZB(a)(v) or (vi), being an office or

position that, at the time the delegation is made, is

nominated in writing by the Family Court Chief

Executive Officer; and

(b) for the delegation of a matter that relates to the administrative

affairs of the Federal Circuit Court (within the meaning of

the Federal Circuit Court of Australia Act 1999)--a

reference to an official were a reference to:

(i) the Federal Circuit Court Chief Executive Officer; or

(ii) the holder of an office or position referred to in

subparagraph 18ZB(a)(viii) or (ix), being an office or

position that, at the time the delegation is made, is

nominated in writing by the Federal Circuit Court Chief

Executive Officer.

18ZD Managing appropriations

(1) This section applies if, in an Appropriation Act for the ordinary

annual services of the Government:

(a) there is a departmental item (within the meaning of that Act)

for the listed entity referred to in section 18ZB; and

(b) there is an outcome for the listed entity that relates to:

(i) the administrative affairs of the Court; or

(ii) the administrative affairs of the Family Court of

Australia (within the meaning of the Family Law Act

1975); or

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(iii) the administrative affairs of the Federal Circuit Court

(within the meaning of the Federal Circuit Court of

Australia Act 1999); or

(iv) the corporate services of the Court, the Family Court of

Australia and the Federal Circuit Court, as referred to in

subsection 18Z(1); and

departmental item and opposite the outcome, under the

heading "Departmental".

(2) Before spending a part of the outcome amount for another outcome

for the listed entity, the Chief Executive Officer must:

(a) both:

(i) consult the relevant Chief Justice or Chief Judge about

the spending; and

(ii) obtain the consent of the relevant Chief Justice or Chief

Judge to the spending; or

(b) obtain the consent of the Attorney-General to the spending.

(3) Before giving consent under paragraph (2)(b), the

Attorney-General must consult the relevant Chief Justice or Chief

Judge about the spending.

(4) This section does not affect the operation of the Appropriation Act

in relation to the listed entity's departmental item.

Note:

For example, the Appropriation Act provides that the listed entity's

departmental item may be applied for the departmental expenditure of

the listed entity.

Division 3--Application of the Public Service Act 1999 etc.

18ZE Statutory Agency etc. for purposes of the Public Service Act

1999

(1) For the purposes of the Public Service Act 1999:

(a) the persons referred to in subsection (2) together constitute a

Statutory Agency; and

(b) the Chief Executive Officer is the Head of that Statutory

Agency.

(2) The persons are the following:

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(a) the Chief Executive Officer;

(b) the APS employees referred to in the following provisions:

(i) section 18N of this Act;

(ii) section 38N of the Family Law Act 1975;

(iii) section 101, subsection 106(1), subsection 107(1),

subsection 109(1), subsection 110(1), section 111A and

section 112 of the Federal Circuit Court of Australia

Act 1999;

(iv) subsection 130(3) of the Native Title Act 1993.

18ZF Making arrangements relating to APS employees

(1) The Chief Executive Officer must make the services of APS

employees who are officers of the Family Court of Australia, or

staff of the Registries of the Family Court of Australia, available

for the purposes of assisting the Family Court Chief Executive

Officer in the performance of his or her functions under

sections 38B and 38BA of the Family Law Act 1975.

(2) While a person is performing services made available under

subsection (1), that person must do so in accordance with the

directions of the Chief Justice of the Family Court of Australia and

the Family Court Chief Executive Officer.

(3) The Chief Executive Officer must make the services of APS

employees who are officers or staff of the Federal Circuit Court

available for the purposes of assisting the Federal Circuit Court

Chief Executive Officer in the performance of his or her functions

under sections 93A and 96 of the Federal Circuit Court of

Australia Act 1999.

(4) While a person is performing services made available under

subsection (3), that person must do so in accordance with the

directions of the Chief Judge of the Federal Circuit Court and the

Federal Circuit Court Chief Executive Officer.

18ZG Delegation of powers etc. under the Public Service Act 1999

Subsection 78(7) of the Public Service Act 1999 applies as if:

(a) for a matter that relates to the administrative affairs of the

Family Court of Australia (within the meaning of the Family

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Law Act 1975)--a reference to another person were a

reference to the Family Court Chief Executive Officer; and

(b) for a matter that relates to the administrative affairs of the

Federal Circuit Court (within the meaning of the Federal

Circuit Court of Australia Act 1999)--a reference to another

person were a reference to the Federal Circuit Court Chief

Executive Officer.

Division 4--Other powers of the Chief Executive Officer

18ZH Appointment of other court officers

(1) The following officers are to be appointed by the Chief Executive

Officer:

(a) the officers of the Court referred to in paragraphs 18N(1)(aa)

to (e) of this Act;

(b) the officers of the Family Court of Australia referred to in

paragraphs 38N(1)(a) to (f) of the Family Law Act 1975;

paragraphs 99(1)(a) to (f) of the Federal Circuit Court of

Australia Act 1999;

(d) the Deputy Registrars of the National Native Title Tribunal.

(2) The Chief Executive Officer may delegate his or her powers under

paragraph (1)(b) to appoint any or all of the officers to the Family

Court Chief Executive Officer.

(3) The Chief Executive Officer may delegate his or her powers under

paragraph (1)(c) to appoint any or all of the officers to the Federal

Circuit Court Chief Executive Officer.

18ZI Engagement of consultants, family counsellors and family

dispute resolution practitioners

(1) The Chief Executive Officer may engage persons having suitable

qualifications and experience as consultants to, or to perform

services for:

(a) the Court; or

(b) the Family Court of Australia; or

(d) the National Native Title Tribunal.

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(2) The Chief Executive Officer may engage persons to perform:

(a) family counselling services under the Family Law Act 1975;

(b) family dispute resolution services under the Family Law Act

1975.

(3) An engagement under subsection (1) or (2) is to be made:

(a) on behalf of the Commonwealth; and

(b) by written agreement.

(4) The Chief Executive Officer may delegate his or her powers under

subsections (1) and (2) in relation to the Family Court of Australia

to the Family Court Chief Executive Officer.

(5) The Chief Executive Officer may delegate his or her powers under

subsections (1) and (2) in relation to the Federal Circuit Court to

the Federal Circuit Court Chief Executive Officer.

18ZJ Subdelegation of powers under this Division

(1) If, under subsection 18ZH(2) or 18ZI(4), the Chief Executive

Officer delegates any powers to the Family Court Chief Executive

Officer, the Family Court Chief Executive Officer may, in writing,

delegate all or any of those powers to the holder of an office or

position referred to in subparagraph 18ZB(a)(v) or (vi).

(2) If, under subsection 18ZH(3) or 18ZI(5), the Chief Executive

Officer delegates any powers to the Federal Circuit Court Chief

Executive Officer, the Federal Circuit Court Chief Executive

Officer may, in writing, delegate all or any of those powers to the

holder of an office or position referred to in

subparagraph 18ZB(a)(viii) or (ix).

(3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901

apply to a delegation under this section in the same way as they

apply to a delegation under section 18ZH or 18ZI.

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Division 5--Other matters

18ZK Officers of the Court, the Family Court of Australia and the

Federal Circuit Court

(1) A person may be an officer of one or more of the following courts:

(a) the Court;

(b) the Family Court of Australia;

(2) Subsection (1) has effect despite anything in this Act, the Family

Law Act 1975 and the Federal Circuit Court of Australia Act 1999.

44 Subsection 23CQ(1)

Omit "the Registrar, a Deputy Registrar,", substitute "the Chief

Executive Officer, a Registrar,".

45 Subsection 23HA(2)

Omit "the Registrar or any Deputy Registrar,", substitute "the Chief

Executive Officer or any Registrar,".

46 Subsection 34(3)

Omit "The Registrar", substitute "The Chief Executive Officer".

47 Subsection 35A(8)

Omit "the Registrar, a Deputy Registrar,", substitute "the Chief

Executive Officer, a Registrar,".

48 Subsection 36(3)

Omit "Registrar", substitute "Chief Executive Officer".

49 Section 37

Omit "the Registrar" (wherever occurring), substitute "the Chief

Executive Officer".

50 Paragraph 37AO(3)(b)

Omit "Registrar of the Court", substitute "Chief Executive Officer".

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51 Subsection 37AP(1)

Omit "Registrar of the Court", substitute "Chief Executive Officer".

52 Subsection 37AP(2)

Omit "Registrar", substitute "Chief Executive Officer".

53 Paragraph 37AQ(4)(b)

Omit "Registrar of the Court", substitute "Chief Executive Officer".

54 Subsection 41(2)

Omit "Registrar", substitute "Chief Executive Officer".

55 Subsection 44(2)

Omit "The Registrar", substitute "The Chief Executive Officer".

56 Paragraph 44(2)(a)

Omit "Deputy Registrar,", substitute "Registrar,".

57 Paragraph 45(1)(a)

Omit "the Registrar, a Deputy Registrar,", substitute "the Chief

Executive Officer, a Registrar,".

58 Subsection 58DD(5)

Omit "the Registrar or any Deputy Registrar,", substitute "the Chief

Executive Officer or any Registrar,".

59 Subsection 58DE(4)

Omit "Registrar", substitute "Chief Executive Officer".

60 Subsection 58FB(2)

Omit "Registrar" (wherever occurring), substitute "Chief Executive

Officer".

61 Subsection 58FD(3)

Omit "Registrar", substitute "Chief Executive Officer".

62 Paragraph 59(2C)(b)

Omit "Registrar", substitute "Chief Executive Officer".

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Federal Court of Australia Act 1976

63 Section 4 (definition of Family Court Chief Executive

Officer)

After "Officer" (second occurring), insert "and Principal Registrar".

64 Paragraph 18ZH(1)(b)

Omit "paragraphs 38N(1)(a) to (f)", substitute "paragraphs 38N(1)(b) to

(f)".

Amendments relating to the Family Court of Australia Schedule 2

Amendments commencing 1 July 2016 Part 1

No. , 2015

Courts Administration Legislation Amendment Bill 2015

Schedule 2--Amendments relating to the

Family Court of Australia

Part 1--Amendments commencing 1 July 2016

Family Law Act 1975

1 Subsection 4(1)

Insert:

administrative affairs of the Family Court has a meaning affected

by subsection 38A(1A).

2 Subsection 4(1) (definition of appropriate officer)

Repeal the definition.

3 Subsection 4(1)

Insert:

Australian court means a federal court or a court of a State or

Territory.

4 Subsection 4(1) (definition of Chief Executive Officer)

Omit "and the Federal Circuit Court".

5 Subsection 4(1)

Insert:

Chief Justice means the Chief Justice of the Family Court, and

includes the Deputy Chief Justice if the Deputy Chief Justice is for

the time being performing the duties and exercising the powers of

the Chief Justice.

6 Subsection 4(1) (definition of complaint handler)

Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".

7 Subsection 4(1)

Insert:

Schedule 2 Amendments relating to the Family Court of Australia

Part 1 Amendments commencing 1 July 2016

Courts Administration Legislation Amendment Bill 2015

No. , 2015

corporate services of the Family Court has the meaning given by

subsection 38A(1B).

Deputy Chief Justice means the Deputy Chief Justice of the

Family Court.

Federal Circuit Court Chief Executive Officer means the Chief

Executive and Principal Registrar of the Federal Circuit Court of

Australia.

8 Paragraph 10C(1)(c)

Omit ", or engaged under subsection 38R(1A),".

9 Paragraph 10C(1)(d)

Omit ", or engaged under subsection 115(1A) of that Act,".

10 After paragraph 10C(1)(d)

Insert:

(da) a person who is engaged under subsection 18ZI(2) of the

Federal Court of Australia Act 1976 as a family counsellor;

11 Paragraph 10G(1)(c)

Omit ", or engaged under subsection 38R(1A),".

12 Paragraph 10G(1)(d)

Omit ", or engaged under subsection 115(1A) of that Act,".

13 After paragraph 10G(1)(d)

Insert:

(da) a person who is engaged under subsection 18ZI(2) of the

Federal Court of Australia Act 1976 as a family dispute

resolution practitioner; or

14 Paragraphs 11B(a) and (b)

Repeal the paragraphs, substitute:

(a) appointed as a family consultant under section 18ZH of the

Federal Court of Australia Act 1976; or

Amendments relating to the Family Court of Australia Schedule 2

Amendments commencing 1 July 2016 Part 1

No. , 2015

Courts Administration Legislation Amendment Bill 2015

15 Section 11B (note)

Omit "and Division 1A of Part 7 of the Federal Circuit Court of

Australia Act 1999".

16 Subparagraph 11E(1)(e)(i)

Repeal the subparagraph, substitute:

(i) if the court is the Family Court--a family consultant

nominated by the Chief Executive Officer; or

(ia) if the court is the Federal Circuit Court of Australia--a

family consultant nominated by the Federal Circuit

Court Chief Executive Officer; or

17 Subparagraph 11E(1)(e)(iii)

Omit "subparagraph (i) or (ii)", substitute "subparagraph (i), (ia) or

(ii)".

18 Section 20 (definition of Chief Judge)

Repeal the definition.

19 Section 20 (definition of Deputy Chief Judge)

Repeal the definition.

20 Section 20 (definition of Judge)

Omit "Chief Judge, the Deputy Chief Judge, a Judge Administrator",

substitute "Chief Justice, the Deputy Chief Justice".

21 Section 20 (definition of Judge Administrator)

Repeal the definition.

22 Paragraphs 21(3)(a) and (b)

Repeal the paragraphs, substitute:

(a) a Chief Justice; and

(b) a Deputy Chief Justice; and

23 Paragraph 21(3)(c)

Omit "Judge Administrators,".

Schedule 2 Amendments relating to the Family Court of Australia

Part 1 Amendments commencing 1 July 2016

Courts Administration Legislation Amendment Bill 2015

No. , 2015

24 Subsections 21B(1), (1A), (1B) and (2)

Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".

25 Subsection 21B(3)

Repeal the subsection.

26 Subsection 21B(3A)

Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".

27 Subsection 21B(3B)

Repeal the subsection, substitute:

(3B) To avoid doubt, the Chief Justice may authorise under

subsection (3A):

(a) the Deputy Chief Justice; or

(b) a body that includes the Deputy Chief Justice.

28 Subsections 21B(4) and (5)

Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".

29 Subsections 22(2AAA), (2AAB), (2AAC), (2AA) and (2AF)

Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".

30 Subsection 22(2AFA) (heading)

Repeal the heading, substitute:

Appointment of Deputy Chief Justice

31 Subsection 22(2AFA)

Repeal the subsection, substitute:

(2AFA) If a person holding office as a Senior Judge or Judge of the Court is

appointed Deputy Chief Justice, the person retains that office as

Senior Judge or Judge, as the case may be, and may resign the

office of Deputy Chief Justice without resigning that

first-mentioned office.

32 Subsections 23(1) and (2)

Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".

Amendments relating to the Family Court of Australia Schedule 2

Amendments commencing 1 July 2016 Part 1

No. , 2015

Courts Administration Legislation Amendment Bill 2015

33 Subsection 23(3)

Omit "appointed as Judge Administrators or".

34 Subsection 23(3)

Omit "Chief Judge", substitute "Chief Justice".

35 Subsection 23(4)

Repeal the subsection, substitute:

(4) The remaining Judges assigned to the Appeal Division have

seniority next to the Judges to whom subsection (3) applies

according to the days on which their assignments to the Appeal

Division took effect.

36 Subsection 23(5)

Omit "appointments as Judge Administrator and".

37 Subsection 23(8)

Omit "Judge Administrators or".

38 Section 24 (heading)

Repeal the heading, substitute:

24 Absence or illness of Chief Justice

39 Section 24

Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".

40 Subsection 25(1)

Omit "Chief Judge, Deputy Chief Judge, Judge Administrators,",

substitute "Chief Justice, Deputy Chief Justice,".

41 Section 26

Omit "Chief Judge, Deputy Chief Judge, Judge Administrator,",

substitute "Chief Justice, Deputy Chief Justice,".

42 Paragraph 26E(b)

Omit "Chief Judge", substitute "Chief Justice".

Schedule 2 Amendments relating to the Family Court of Australia

Part 1 Amendments commencing 1 July 2016

Courts Administration Legislation Amendment Bill 2015

No. , 2015

43 Subsection 26JA(2)

Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".

44 Section 26M

Omit "Chief Judge", substitute "Chief Justice".

45 Subsection 27(2) (note)

Omit "Chief Judge", substitute "Chief Justice".

46 Paragraph 30(b)

Omit "Chief Judge", substitute "Chief Justice".

47 Subsections 37(1) and (2)

Omit "Chief Judge", substitute "Chief Justice".

48 Paragraph 37A(14)(b)

Omit "Chief Judge", substitute "Chief Justice".

49 Section 37B

Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".

50 Section 37C

Omit "Chief Judge", substitute "Chief Justice".

51 Division 1 of Part IVA (heading)

Repeal the heading, substitute:

Division 1--Management responsibilities of the Chief

Justice and the Chief Executive Officer

52 Subsection 38A(1)

Omit "Chief Judge", substitute "Chief Justice".

53 After subsection 38A(1)

Insert:

(1A) The administrative affairs of the Court do not include the

corporate services of the Court.

Amendments relating to the Family Court of Australia Schedule 2

Amendments commencing 1 July 2016 Part 1

No. , 2015

Courts Administration Legislation Amendment Bill 2015

(1B) The following matters relating to the Court are the corporate

services of the Court:

(a) communications;

(b) finance;

(d) information technology;

(e) libraries;

(f) procurement and contract management;

(g) property;

(h) risk oversight and management;

(i) statistics;

(j) any other matter prescribed by a determination under

subsection (5).

54 Subsection 38A(2)

Omit "For that purpose, the Chief Judge", substitute "For the purpose

referred to in subsection (1), the Chief Justice".

55 Subsection 38A(3)

Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".

56 Subsection 38A(4)

Omit "Chief Judge to enter into a contract under which the

Commonwealth is to pay or receive an amount exceeding $250,000",

substitute "Chief Justice to enter into a contract under which the

Commonwealth is to pay or receive an amount exceeding $1,000,000".

57 At the end of section 38A

Add:

(5) The Attorney-General may, by legislative instrument, determine

matters that are the corporate services of the Court (see

paragraph (1B)(j)).

Note 1:

See Part IIB of the Federal Court of Australia Act 1976 for provisions

relating to the corporate services of the Court.

Note 2:

For the purposes of the finance law (within the meaning of the Public

Governance, Performance and Accountability Act 2013), the Chief

Executive Officer, the officers of the Court and the staff of the

Schedule 2 Amendments relating to the Family Court of Australia

Part 1 Amendments commencing 1 July 2016

Courts Administration Legislation Amendment Bill 2015

No. , 2015

Registries are officials of the listed entity referred to in section 18ZB

of the Federal Court of Australia Act 1976.

Note 3:

For the purposes of the Public Service Act 1999, the APS employees

referred to in section 38N are part of the Statutory Agency declared

under section 18ZE of the Federal Court of Australia Act 1976.

58 Section 38B

Omit "Chief Judge", substitute "Chief Justice".

59 At the end of Division 1 of Part IVA

Add:

38BAA Arrangements with other courts

(1) The Chief Justice may arrange with the chief judicial officer

(however described) of another Australian court for an officer or

officers of that court to perform on behalf of the Court any or all of

the following functions:

(a) the receipt of documents to be lodged with or filed in the

Court;

(b) the signing and issuing of writs, commissions and process for

the purposes of any proceedings in the Court;

(d) the administration of oaths and affirmations, and the

witnessing of affidavits, for the purposes of any proceedings

in the Court;

(e) such other non-judicial functions as are permitted by the

Rules of Court to be performed under such an arrangement;

(f) such other non-judicial functions as the Chief Justice

considers appropriate.

(2) If an arrangement under subsection (1) is in force in relation to the

performance by an officer of an Australian court of a function on

behalf of the Court, the officer may perform that function despite

any other provision of this Act or any other law of the

Commonwealth.

(3) A function performed on behalf of the Court in accordance with an

arrangement under subsection (1) has effect as if the function had

been performed by the Court.

Amendments relating to the Family Court of Australia Schedule 2

Amendments commencing 1 July 2016 Part 1

No. , 2015

Courts Administration Legislation Amendment Bill 2015

(4) Copies of an arrangement under subsection (1) are to be made

available for inspection by members of the public.

(5) For the purposes of this section, a member of the staff of an

Australian court is taken to be an officer of that court.

38BAB Arrangements with agencies or organisations

(1) The Chief Justice may arrange with the chief executive officer

(however described) of:

(a) an agency of the Commonwealth, a State or a Territory; or

(b) another organisation;

for an employee or employees of the agency or organisation to:

or filed in the Court; or

(d) perform, on behalf of the Court, other non-judicial functions

of the Court.

(2) If an arrangement under subsection (1) is in force in relation to the

performance by an employee of an agency or organisation of a

function on behalf of the Court, the employee may perform that

function despite any other provision of this Act or any other law of

the Commonwealth.

(3) A function performed on behalf of the Court in accordance with an

arrangement under subsection (1) has effect as if the function had

been performed by the Court.

(4) Copies of an arrangement under subsection (1) are to be made

available for inspection by members of the public.

60 Division 1AA of Part IVA

Repeal the Division.

61 Subsection 38C(1)

Omit "and the Federal Circuit Court".

62 Subsection 38C(2)

Omit "joint nomination of the Chief Judge of the Family Court and the

Chief Judge of the Federal Circuit Court", substitute "nomination of the

Chief Justice".

Schedule 2 Amendments relating to the Family Court of Australia

Part 1 Amendments commencing 1 July 2016

Courts Administration Legislation Amendment Bill 2015

No. , 2015

63 Section 38D

Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".

64 Subsection 38F(4)

Omit "jointly by the Chief Judge and the Chief Judge of the Federal

Circuit Court", substitute "by the Chief Justice".

65 Subsection 38G(2)

Repeal the subsection, substitute:

(2) The Chief Justice may grant the Chief Executive Officer leave of

absence, other than recreation leave, on such terms and conditions

as the Chief Justice, with the approval of the Attorney-General,

determines.

66 Subsection 38J(1)

Omit "Chief Judge and the Chief Judge of the Federal Circuit Court",

substitute "Chief Justice".

67 At the end of subsection 38K(2)

Add:

; or (e) fails, without reasonable excuse, to comply with section 29 of

the Public Governance, Performance and Accountability Act

2013 (which deals with the duty to disclose interests) or rules

made for the purposes of that section.

68 Subsection 38L(1)

Omit "Chief Judge and the Chief Judge of the Federal Circuit Court",

substitute "Chief Justice".

69 Subsections 38L(2) and (3)

Repeal the subsections, substitute:

(2) The Chief Executive Officer must give written notice to the Chief

Justice of all material personal interests that the Chief Executive

Officer has that relate to the affairs of the Family Court.

(3) Subsections (1) and (2) apply in addition to section 29 of the

Public Governance, Performance and Accountability Act 2013

(which deals with the duty to disclose interests).

Amendments relating to the Family Court of Australia Schedule 2

Amendments commencing 1 July 2016 Part 1

No. , 2015

Courts Administration Legislation Amendment Bill 2015

70 Section 38M

Omit "Chief Judge and the Chief Judge of the Federal Circuit Court

may, in writing, jointly", substitute "Chief Justice may, in writing,".

71 Subsection 38N(2)

Omit "Chief Judge", substitute "Chief Justice".

72 Subsection 38N(3)

Repeal the subsection.

73 Subsection 38N(6)

Omit "Chief Judge", substitute "Chief Justice".

74 Subsection 38N(6)

After "the purposes of ", insert "the administrative affairs of".

75 Sections 38Q and 38R

Repeal the sections.

76 Subsection 38S(1)

Omit "Chief Judge", substitute "Chief Justice".

77 Subsection 38S(1) (note)

Repeal the note.

78 At the end of section 38S

Add:

(4) A report prepared under this section may be included in a report

prepared and given to the Attorney-General under section 46 of the

Public Governance, Performance and Accountability Act 2013 in

relation to the listed entity referred to in section 18ZB of the

Federal Court of Australia Act 1976.

79 Section 38W (heading)

Repeal the heading, substitute:

Schedule 2 Amendments relating to the Family Court of Australia

Part 1 Amendments commencing 1 July 2016

Courts Administration Legislation Amendment Bill 2015

No. , 2015

38W Delegation of administrative powers of Chief Justice

80 Section 38W

Omit "Chief Judge", substitute "Chief Justice".

81 Subsection 38Y(2)

Omit "Chief Judge", substitute "Chief Justice".

82 Subsection 94AAA(3)

Omit "Chief Judge", substitute "Chief Justice".

83 Subsection 102Q(1) (paragraph (b) of the definition of

appropriate court official)

After "Officer", insert "and Principal Registrar".

84 Subparagraphs 123(1)(sda)(i) and (sdb)(i)

Omit "or engaged under subsection 38R(1A)", substitute "of this Act or

engaged under subsection 18ZI(2) of the Federal Court of Australia Act

1976".

85 Paragraphs 123(1)(sea) and (seb)

Omit "or engaged under subsection 38R(1A)", substitute "of this Act or

engaged under subsection 18ZI(2) of the Federal Court of Australia Act

1976".

86 Paragraph 123(2)(b)

Omit "Chief Judge", substitute "Chief Justice".

87 Subsection 123(2A)

Omit "Chief Judge", substitute "Chief Justice".

88 Subsection 124(3)

Omit "Chief Judge", substitute "Chief Justice".

Amendments relating to the Family Court of Australia Schedule 2

Amendments commencing 1 January 2018 Part 2

No. , 2015

Courts Administration Legislation Amendment Bill 2015

Part 2--Amendments commencing 1 January 2018

Family Law Act 1975

89 Subsection 4(1) (definition of Chief Executive Officer)

After "Officer" (second occurring), insert "and Principal Registrar".

90 Subsection 4(1) (paragraph (a) of the definition of

Registrar)

Omit "Principal Registrar", substitute "Chief Executive Officer".

91 Section 20 (definition of Principal Registrar)

Repeal the definition.

92 Subsection 37(2)

Omit "Principal Registrar of the Court", substitute "Chief Executive

Officer".

93 Subsection 37(3)

Repeal the subsection.

94 Subsection 37A(15)

Omit "Principal Registrar", substitute "Chief Executive Officer".

95 Paragraph 37B(1)(a)

Omit "Principal Registrar", substitute "Chief Executive Officer".

96 Subparagraphs 37B(1)(b)(iii) and (c)(iii)

Omit "Principal Registrar", substitute "Chief Executive Officer".

97 Subsections 37B(2) and (3)

Omit "Principal Registrar", substitute "Chief Executive Officer".

98 Subsections 37B(4) and (4A)

Omit "the Principal Registrar, a Registrar or a Deputy Registrar (or a

former Principal Registrar,", substitute "a Registrar or a Deputy

Registrar (or a former".

Schedule 2 Amendments relating to the Family Court of Australia

Part 2 Amendments commencing 1 January 2018

Courts Administration Legislation Amendment Bill 2015

No. , 2015

99 Section 37C

Omit "A Principal Registrar,", substitute "The Chief Executive Officer

or a".

100 Section 37C

Before "Principal", insert "Chief Executive Officer and".

101 Section 38C

Repeal the section, substitute:

38C Establishment and appointment of Chief Executive Officer

(1) There is to be a Chief Executive Officer and Principal Registrar of

the Family Court.

(2) The Chief Executive Officer is to be appointed by the

Governor-General by written instrument on the nomination of the

Chief Justice.

102 Paragraph 38N(1)(a)

Repeal the paragraph.

103 Subsection 102Q(1) (paragraph (a) of the definition of

appropriate court official)

Omit "or Principal Registrar".

Amendments relating to the Federal Circuit Court of Australia Schedule 3

No. , 2015

Courts Administration Legislation Amendment Bill 2015

Schedule 3--Amendments relating to the

Federal Circuit Court of Australia

Federal Circuit Court of Australia Act 1999

1 Section 5

Insert:

administrative affairs of the Federal Circuit Court of Australia has

a meaning affected by subsection 89(2).

2 Section 5 (definition of Chief Executive Officer)

Repeal the definition, substitute:

Chief Executive Officer means the Chief Executive Officer and

Principal Registrar of the Federal Circuit Court of Australia.

Note:

The Chief Executive Officer is appointed under section 96A. A person

is appointed to act as the Chief Executive Officer under section 96J.

3 Section 5

Insert:

corporate services of the Federal Circuit Court of Australia has the

meaning given by subsection 89(2A).

4 Division 1 of Part 7 (heading)

Repeal the heading, substitute:

Division 1--Management responsibilities of the Chief

Judge and the Chief Executive Officer

5 After subsection 89(1)

Insert:

(2) The administrative affairs of the Federal Circuit Court of Australia

do not include the corporate services of the Court.

(2A) The following matters relating to the Federal Circuit Court of

Australia are the corporate services of the Court:

Schedule 3 Amendments relating to the Federal Circuit Court of Australia

Courts Administration Legislation Amendment Bill 2015

No. , 2015

(a) communications;

(b) finance;

(d) information technology;

(e) libraries;

(f) procurement and contract management;

(g) property;

(h) risk oversight and management;

(i) statistics;

(j) any other matter prescribed by a determination under

subsection (5).

6 Subsection 89(3)

Omit "For this purpose,", substitute "For the purpose mentioned in

subsection (1),".

7 At the end of section 89

Add:

(5) The Minister may, by legislative instrument, determine matters that

are the corporate services of the Court (see paragraph (2A)(j)).

Note 1:

See Part IIB of the Federal Court of Australia Act 1976 for provisions

relating to the corporate services of the Federal Circuit Court of

Australia.

Note 2:

For the purposes of the finance law (within the meaning of the Public

Governance, Performance and Accountability Act 2013),the Chief

Executive Officer, the officers of the Federal Circuit Court of

Australia and the staff of the Federal Circuit Court of Australia are

officials of the listed entity mentioned in section 18ZB of the Federal

Court of Australia Act 1976.

Note 3:

For the purposes of the Public Service Act 1999, the APS employees

mentioned in section 101, subsection 106(1), subsection 109(1),

section 111A and section 112 are part of the Statutory Agency

declared under section 18ZE of the Federal Court of Australia Act

1976.

8 Paragraph 90(1)(f)

Omit "Federal Circuit Court of Australia", substitute "Chief Judge".

Amendments relating to the Federal Circuit Court of Australia Schedule 3

No. , 2015

Courts Administration Legislation Amendment Bill 2015

9 After section 96

Insert:

96A Establishment and appointment of Chief Executive Officer

(1) There is to be a Chief Executive Officer and Principal Registrar of

the Federal Circuit Court of Australia.

(2) The Chief Executive Officer is to be appointed by the

Governor-General by written instrument on the nomination of the

Chief Judge.

96B Remuneration of Chief Executive Officer

(1) The Chief Executive Officer is to be paid the remuneration and

allowances determined by the Remuneration Tribunal.

(2) If there is no determination in force, the Chief Executive Officer is

to be paid such remuneration as is prescribed.

(3) The Chief Executive Officer is to be paid such other allowances as

are prescribed.

(4) Remuneration and allowances payable to the Chief Executive

Officer under this section are to be paid out of money appropriated

by the Parliament for the purposes of the Federal Circuit Court of

Australia.

96C Terms and conditions of appointment of Chief Executive

Officer

(1) The Chief Executive Officer holds office for the period (not longer

than 5 years) specified in the instrument of his or her appointment,

but is eligible for re-appointment.

(2) The Chief Executive Officer holds office on such terms and

conditions (if any) in respect of matters not provided for by this

Act as are determined by the Chief Judge.

96D Leave of absence of Chief Executive Officer

(1) The Chief Executive Officer has such recreation leave entitlements

as are determined by the Remuneration Tribunal.

Schedule 3 Amendments relating to the Federal Circuit Court of Australia

Courts Administration Legislation Amendment Bill 2015

No. , 2015

(2) The Chief Judge may grant the Chief Executive Officer leave of

absence, other than recreation leave, on such terms and conditions

as the Chief Judge, with the approval of the Minister, determines.

96E Resignation of Chief Executive Officer

The Chief Executive Officer may resign by giving a signed notice

of resignation to the Governor-General.

96F Outside employment of Chief Executive Officer

(1) Except with the consent of the Chief Judge, the Chief Executive

Officer must not engage in paid employment outside the duties of

his or her office.

(2) The reference in subsection (1) to paid employment does not

include service in the Defence Force.

96G Termination of appointment of Chief Executive Officer

(1) The Governor-General may terminate the appointment of the Chief

Executive Officer:

(a) for misbehaviour; or

(b) if the Chief Executive Officer is unable to perform the duties

of his or her office because of physical or mental incapacity.

(2) The Governor-General is required to terminate the appointment of

the Chief Executive Officer if:

(a) the Chief Executive Officer:

(i) becomes bankrupt; or

(ii) takes steps to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with one or more of his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of one or more of his or her creditors; or

(b) the Chief Executive Officer is absent, except on leave of

absence, for 14 consecutive days or for 28 days in any 12

months; or

contrary to section 96F; or

Amendments relating to the Federal Circuit Court of Australia Schedule 3

No. , 2015

Courts Administration Legislation Amendment Bill 2015

(d) the Chief Executive Officer fails, without reasonable excuse,

to comply with section 96H; or

(e) the Chief Executive Officer fails, without reasonable excuse,

to comply with section 29 of the Public Governance,

Performance and Accountability Act 2013 (which deals with

the duty to disclose interests) or rules made for the purposes

of that section.

96H Disclosure of interests by Chief Executive Officer

(1) The Chief Executive Officer must give written notice to the Chief

Judge of all direct or indirect pecuniary interests that the Chief

Executive Officer has or acquires in any business or in any body

corporate carrying on a business.

(2) The Chief Executive Officer must give written notice to the Chief

Judge of all material personal interests that the Chief Executive

Officer has that relate to the affairs of the Federal Circuit Court of

Australia.

(3) Subsections (1) and (2) apply in addition to section 29 of the

Public Governance, Performance and Accountability Act 2013

(which deals with the duty to disclose interests).

96J Acting Chief Executive Officer

The Chief Judge may, in writing, appoint a person to act in the

office of Chief Executive Officer:

(a) during a vacancy in the office (whether or not an

appointment has previously been made to the office); or

(b) during any period, or during all periods, when the Chief

Executive Officer is absent from duty or from Australia or is,

for any other reason, unable to perform the duties of the

office.

Note:

For rules that apply to acting appointments, see section 33A of the

Acts Interpretation Act 1901.

10 Subsections 99(2), (3), (4), (5) and (7)

Repeal the subsections.

Schedule 3 Amendments relating to the Federal Circuit Court of Australia

Courts Administration Legislation Amendment Bill 2015

No. , 2015

11 Section 100

After "the purposes of ", insert "the administrative affairs of".

12 Subsection 107(1)

Repeal the subsection, substitute:

(1) The Deputy Sheriffs of the Federal Circuit Court of Australia may

be persons engaged under the Public Service Act 1999.

13 Subsection 110(1)

Repeal the subsection, substitute:

(1) The Deputy Marshals of the Federal Circuit Court of Australia may

be persons engaged under the Public Service Act 1999.

14 Sections 112A and 115

Repeal the sections.

15 Subsection 117(1) (note)

Repeal the note.

16 At the end of section 117

Add:

(4) A report prepared under this section may be included in a report

prepared and given to the Minister under section 46 of the Public

Governance, Performance and Accountability Act 2013 in relation

to the listed entity mentioned in section 18ZB of the Federal Court

of Australia Act 1976.

17 Section 118 (heading)

Repeal the heading, substitute:

118 Proceedings arising out of administrative affairs of the Federal

Circuit Court of Australia

Amendments relating to the National Native Title Tribunal Schedule 4

No. , 2015

Courts Administration Legislation Amendment Bill 2015

Schedule 4--Amendments relating to the

National Native Title Tribunal

Native Title Act 1993

1 Section 63

Omit "Registrar of the Federal Court", substitute "Federal Court Chief

Executive Officer".

2 Subsection 64(4) (heading)

Repeal the heading, substitute:

Federal Court Chief Executive Officer to give copy of amended

application to Native Title Registrar

3 Subsection 64(4)

Omit "Registrar of the Federal Court", substitute "Federal Court Chief

Executive Officer".

4 Paragraphs 66(2)(b) and (2A)(b)

Omit "Registrar of the Federal Court", substitute "Federal Court Chief

Executive Officer".

5 Subsection 66B(3) (heading)

Repeal the heading, substitute:

Federal Court Chief Executive Officer to notify Native Title

Registrar

6 Subsections 66B(3) and 66C(1) and (2)

Omit "Registrar of the Federal Court", substitute "Federal Court Chief

Executive Officer".

7 Subsection 84C(3) (heading)

Repeal the heading, substitute:

Schedule 4 Amendments relating to the National Native Title Tribunal

Courts Administration Legislation Amendment Bill 2015

No. , 2015

Federal Court Chief Executive Officer to advise Native Title

Registrar of application etc.

8 Subsection 84C(3)

Omit "Registrar of the Court", substitute "Federal Court Chief

Executive Officer".

9 Subsections 86B(2A) and (5B)

Omit "the Registrar, a Deputy Registrar, a District Registrar or a

Deputy District Registrar of the Court", substitute "a Federal Court

Registrar".

10 Paragraph 86B(6)(b)

Omit "Registrar of the Federal Court", substitute "Federal Court

Registrar".

11 Subsection 87(9)

Omit "Registrar of the Court", substitute "Federal Court Chief

Executive Officer".

12 Subsection 87A(3)

Omit "Registrar of the Federal Court", substitute "Federal Court Chief

Executive Officer".

13 Subsection 87A(10)

Omit "Registrar of the Court", substitute "Federal Court Chief

Executive Officer".

14 Subdivision A of Division 4 of Part 6 (heading)

Repeal the heading, substitute:

Subdivision A--Management responsibilities etc. of President

of Tribunal and Federal Court Chief Executive

Officer

15 Subsection 128(2) (notes 1 and 2)

Repeal the notes, substitute:

Note 1:

See Part IIB of the Federal Court of Australia Act 1976 for provisions

relating to the administrative affairs of the Tribunal.

Amendments relating to the National Native Title Tribunal Schedule 4

No. , 2015

Courts Administration Legislation Amendment Bill 2015

Note 2:

For the purposes of the finance law (within the meaning of the Public

Governance, Performance and Accountability Act 2013), the Native

Title Registrar, the Deputy Registrars and the staff assisting the

Tribunal are officials of the listed entity referred to in section 18ZB of

the Federal Court of Australia Act 1976.

Note 3:

For the purposes of the Public Service Act 1999, the APS employees

referred to in subsection 130(3) are part of the Statutory Agency

declared under section 18ZE of the Federal Court of Australia Act

1976.

16 Section 129 (heading)

Repeal the heading, substitute:

129 Federal Court Chief Executive Officer

17 Section 129

Omit "Registrar of the Federal Court" (wherever occurring), substitute

"Federal Court Chief Executive Officer".

18 Section 129A (heading)

Repeal the heading, substitute:

129A Delegation by Federal Court Chief Executive Officer

19 Section 129A

Omit "Registrar of the Federal Court" (wherever occurring), substitute

"Federal Court Chief Executive Officer".

20 Subsection 130(2)

Repeal the subsection.

21 Subsection 130(3)

Omit "Registrar of the Federal Court", substitute "Federal Court Chief

Executive Officer".

22 Subsection 130(3A)

Repeal the subsection.

Schedule 4 Amendments relating to the National Native Title Tribunal

Courts Administration Legislation Amendment Bill 2015

No. , 2015

23 Subsections 130(4) and (5)

Omit "Registrar of the Federal Court", substitute "Federal Court Chief

Executive Officer".

24 Subsection 131A(1)

Omit "Registrar of the Federal Court", substitute "Federal Court Chief

Executive Officer".

25 Subsection 131A(1) (note)

Omit "Registrar of the Federal Court", substitute "Federal Court Chief

Executive Officer".

26 Subsection 131A(2)

Omit "Registrar of the Federal Court", substitute "Federal Court Chief

Executive Officer".

27 Section 132

Repeal the section.

28 Section 136 (heading)

Repeal the heading, substitute:

136 Proceedings arising out of administrative affairs of Tribunal

29 Section 136

Omit "Registrar of the Federal Court", substitute "Federal Court Chief

Executive Officer".

30 Section 189A (heading)

Repeal the heading, substitute:

189A Federal Court Chief Executive Officer to notify Native Title

Registrar

31 Section 189A

Omit "Registrar of the Federal Court", substitute "Federal Court Chief

Executive Officer".

Amendments relating to the National Native Title Tribunal Schedule 4

No. , 2015

Courts Administration Legislation Amendment Bill 2015

32 Section 191

Before "Registrar", insert "The".

33 Section 222 (table)

Insert:

Federal Court Chief Executive Officer

253

Federal Court Registrar

253

34 Section 253

Insert:

Federal Court Chief Executive Officer means the Chief Executive

Officer and Principal Registrar of the Federal Court.

Federal Court Registrar means the Federal Court Chief Executive

Officer or a Registrar, District Registrar or Deputy District

Registrar of the Federal Court.

Schedule 5 Consequential amendments

Part 1 Family Court Chief Justice, Deputy Chief Justice and Judge Administrators

Courts Administration Legislation Amendment Bill 2015

No. , 2015

Schedule 5--Consequential amendments

Part 1--Family Court Chief Justice, Deputy Chief

Justice and Judge Administrators

Administrative Decisions (Judicial Review) Act 1977

1 Subsection 3(1) (definition of Family Court Judge)

Omit "Chief Judge, the Deputy Chief Judge, a Judge Administrator",

substitute "Chief Justice, the Deputy Chief Justice".

2 Subparagraphs (zd)(i) and (ii) of Schedule 1

Omit "Chief Judge" (wherever occurring), substitute "Chief Justice".

Australian Securities and Investments Commission Act 2001

3 Subsection 12BA(1) (definition of Family Court Judge)

Omit "Chief Judge, the Deputy Chief Judge, a Judge Administrator",

substitute "Chief Justice, the Deputy Chief Justice".

Bankruptcy Act 1966

4 Subsection 5(1) (definition of Family Court Judge)

Omit "Chief Judge, the Deputy Chief Judge, a Judge Administrator",

substitute "Chief Justice, the Deputy Chief Justice".

Child Support (Assessment) Act 1989

5 Subsection 102A(2)

Omit "Chief Judge", substitute "Chief Justice".

Child Support (Registration and Collection) Act 1988

6 Subsection 4(1) (definition of Judge)

Omit "Chief Judge", substitute "Chief Justice".

Consequential amendments Schedule 5

Family Court Chief Justice, Deputy Chief Justice and Judge Administrators Part 1

No. , 2015

Courts Administration Legislation Amendment Bill 2015

7 Subsection 107A(2)

Omit "Chief Judge", substitute "Chief Justice".

Competition and Consumer Act 2010

8 Section 130 (definition of Family Court Judge)

Omit "Chief Judge, the Deputy Chief Judge, a Judge Administrator",

substitute "Chief Justice, the Deputy Chief Justice".

Court Security Act 2013

9 Section 5 (paragraph (a) of the definition of member)

Omit "Chief Justice", substitute "Chief Justice or Deputy Chief

Justice".

Judicial and Statutory Officers (Remuneration and

Allowances) Act 1984

10 Part 2 of the Schedule (table item dealing with Judge

Administrator of the Family Court of Australia)

Repeal the item.

Remuneration and Allowances Act 1990

11 Part 2 of Schedule 1 (table item dealing with Judge

Administrator of the Family Court)

Repeal the item.

Taxation Administration Act 1953

12 Section 14ZQ (definition of Family Court Judge)

Omit "Chief Judge, the Deputy Chief Judge, a Judge Administrator",

substitute "Chief Justice, the Deputy Chief Justice".

Schedule 5 Consequential amendments

Part 2 Chief Executive Officers--amendments commencing 1 July 2016

Courts Administration Legislation Amendment Bill 2015

No. , 2015

Part 2--Chief Executive Officers--amendments

commencing 1 July 2016

Aboriginal and Torres Strait Islander Act 2005

13 Clause 4 of Schedule 4

Omit "the Registrar, a Deputy Registrar", substitute "the Chief

Executive Officer and Principal Registrar, a Registrar".

14 Clauses 13 and 22 of Schedule 4

Before "Registrar", insert "Chief Executive Officer and Principal".

Bankruptcy Act 1966

15 Subsection 5(1) (paragraph (a) of the definition of

Registrar)

Omit "Registrar, a Deputy Registrar", substitute "Chief Executive

Officer and Principal Registrar, a Registrar".

16 Subsection 5(1) (paragraph (b) of the definition of

Registrar)

Before "a Registrar", insert "the Chief Executive Officer and Principal

Registrar or".

Copyright Act 1968

17 Paragraph 169B(5)(c)

Omit "Registrar of", substitute "Chief Executive Officer and Principal

Registrar of".

Court Security Act 2013

18 Section 5 (table items 2, 3 and 4 in the definition of

administrative head)

Repeal the items, substitute:

Consequential amendments Schedule 5

Chief Executive Officers--amendments commencing 1 July 2016 Part 2

No. , 2015

Courts Administration Legislation Amendment Bill 2015

2 Federal Court of

Australia

Chief Executive Officer and Principal Registrar

of the Federal Court of Australia

3 Family Court of

Australia

Chief Executive Officer of the Family Court of

Australia

19 Section 5 (table item 6 in the definition of administrative

head)

Repeal the item, substitute:

6 Federal Circuit

Court of

Australia

Chief Executive Officer and Principal Registrar

of the Federal Circuit Court of Australia

20 Section 5 (after paragraph (b) of the definition of member)

Insert:

(ba) the chief executive officer (however described) of a court; or

21 Section 51 (table item

1, column headed "Persons to

whom administrative head of the court may delegate")

Omit ", appointed under section 18N of the Federal Court of Australia

Act 1976".

22 Section 51 (table item

2, column headed "Persons to

whom administrative head of the

court may delegate")

Omit "appointed under section 38N of the Family Law Act 1975".

23 Section 51 (table item 3)

Repeal the item.

24 Section 51 (table item

5, column headed "Persons to

whom administrative head of the court may delegate")

Omit "appointed under section 99 of the Federal Circuit Court of

Australia Act 1999".

Schedule 5 Consequential amendments

Part 2 Chief Executive Officers--amendments commencing 1 July 2016

Courts Administration Legislation Amendment Bill 2015

No. , 2015

Ombudsman Act 1976

25 Subsection 3(1) (paragraph (a) of the definition of chief

executive officer of a court or tribunal)

Omit "Clerk", substitute "Chief Executive and Principal Registrar".

26 Subsection 3(1) (paragraph (b) of the definition of chief

executive officer of a court or tribunal)

Before "Registrar", insert "Chief Executive Officer and Principal".

27 Subsection 3(1) (paragraphs (c) and (ca) of the definition

of chief executive officer of a court or tribunal)

Repeal the paragraphs, substitute:

(ca) Chief Executive Officer and Principal Registrar of the

Federal Circuit Court of Australia;

Privacy Act 1988

28 Section 37 (table item 4, column 2)

Omit "registrar or".

Public Interest Disclosure Act 2013

29 Paragraph 73(2)(b)

Before "Registrar", insert "Chief Executive Officer and Principal".

30 Paragraph 73(2)(c)

Repeal the paragraph, substitute:

is the chief executive officer of the Family Court of

Australia; and

(ca) the Chief Executive Officer and Principal Registrar of the

Federal Circuit Court is the chief executive officer of the

Federal Circuit Court; and

Consequential amendments Schedule 5

Chief Executive Officers--amendments commencing 1 January 2018 Part 3

No. , 2015

Courts Administration Legislation Amendment Bill 2015

Part 3--Chief Executive Officers--amendments

commencing 1 January 2018

Court Security Act 2013

31 Section 5 (table item 3 in the definition of administrative

head

, column headed "Administrative head")

After "Officer", insert "and Principal Registrar".

Ombudsman Act 1976

32 Subsection 3(1) (paragraph (c) of the definition of chief

executive officer of a court or tribunal)

After "Officer", insert "and Principal Registrar".

Public Interest Disclosure Act 2013

33 Paragraph 73(2)(c)

After "Officer", insert "and Principal Registrar".

Schedule 6 Application and transitional provisions

Part 1 Definitions

Courts Administration Legislation Amendment Bill 2015

No. , 2015

Schedule 6--Application and transitional

provisions

Part 1--Definitions

1 Definitions

In this Schedule:

applies, in relation to an enterprise agreement, has the same meaning as

in the Fair Work Act 2009.

commencement time means the commencement of Part 1 of Schedule 1

to this Act.

covers, in relation to an enterprise agreement, has the same meaning as

in the Fair Work Act 2009.

enterprise agreement has the same meaning as in the Fair Work Act

2009.

Family Court means the Family Court of Australia.

Family Court CEO means the Chief Executive Officer within the

meaning of the Family Law Act (as in force immediately before the

commencement time).

Family Court CEO and Principal Registrar means the Chief Executive

Officer within the meaning of the Family Law Act (as in force

immediately after the second commencement time).

Family Law Act means the Family Law Act 1975.

Federal Circuit Court means the Federal Circuit Court of Australia.

Federal Circuit Court Act means the Federal Circuit Court of Australia

Act 1999.

Federal Court means the Federal Court of Australia.

Federal Court Act means the Federal Court of Australia Act 1976.

Federal Court CEO means the Chief Executive Officer within the

meaning of the Federal Court Act (as in force immediately after the

commencement time).

Federal Court Statutory Agency means the Statutory Agency

mentioned in section 18ZE of the Federal Court Act (as in force

immediately after the commencement time).

Native Title Act means the Native Title Act 1993.

Application and transitional provisions Schedule 6

Definitions Part 1

No. , 2015

Courts Administration Legislation Amendment Bill 2015

old Statutory Agency means the Statutory Agency mentioned in

section 38Q of the Family Law Act (as in force immediately before the

commencement time).

Public Service Act means the Public Service Act 1999.

rules means rules made under subitem 13(1).

second commencement time means the commencement of Part 2 of

Schedule 2 to this Act.

transferred agreement: see paragraph 11(1)(b).

transferred employee: see subitem 10(1).

Schedule 6 Application and transitional provisions

Part 2 Names of offices, appointments etc.

Courts Administration Legislation Amendment Bill 2015

No. , 2015

Part 2--Names of offices, appointments etc.

2 Continuity of offices after name change

To avoid doubt, subsection 25B(1) of the Acts Interpretation Act 1901

applies for the purposes of the alterations made by this Act of the names

of the following offices:

(a) the office of Chief Judge of the Family Court;

(b) the office of Deputy Chief Judge of the Family Court;

(d) the office of Chief Executive Officer of the Family Court and

Federal Circuit Court;

(e) the office of Chief Executive Officer of the Family Court;

(f) the office of Deputy Registrar of the Federal Court.

3 Continuity of appointment of Federal Court Registrar

(1)

This item applies to an appointment of a person if:

(a) the appointment is made before the commencement time

under section 18C of the Federal Court Act; and

(b) the appointment is in force immediately before that time.

(2)

The appointment continues in force (and may be dealt with) after that

time as if the person had been appointed under section 18C of the

Federal Court Act (as in force immediately after the commencement

time).

4 Continuity of appointment of court officers

(1)

This item applies to an appointment of a person if:

(a) the appointment is made before the commencement time

under:

(i) subsection 18N(3) of the Federal Court Act; or

(ii) subsection 38N(3) of the Family Law Act; or

(iii) subsection 99(7), 107(1) or 110(1) of the Federal Circuit

Court Act; or

(iv) subsection 130(2) of the Native Title Act; and

(b) the appointment is in force immediately before that time.

Application and transitional provisions Schedule 6

Names of offices, appointments etc. Part 2

No. , 2015

Courts Administration Legislation Amendment Bill 2015

(2)

The appointment continues in force (and may be dealt with) after that

time as if it had been made by the Federal Court CEO under

subsection 18ZH(1) of the Federal Court Act (as in force immediately

after the commencement time).

5 Continuity of engagement of consultants etc.

(1)

This item applies to the engagement of a person if:

(a) the engagement is made before the commencement time

under:

(i) section 18R of the Federal Court Act; or

(ii) section 38R of the Family Law Act; or

(iii) section 115 of the Federal Circuit Court Act; or

(iv) section 132 of the Native Title Act; and

(b) the engagement is in force immediately before that time.

(2)

The engagement continues in force (and may be dealt with) after that

time as if it had been made by the Federal Court CEO under

section 18ZI of the Federal Court Act (as in force immediately after the

commencement time).

6 Things done by or in relation to the Principal Registrar of

the Family Court

(1)

If, before the second commencement time, a thing was done by, or in

relation to, the Principal Registrar of the Family Court under the Family

Law Act, then the thing is taken, after that time, to have been done by,

or in relation to, the Family Court CEO and Principal Registrar under

that Act.

(2)

The rules may prescribe that subitem (1) does not apply in relation to a

specified thing done by, or in relation to, the Principal Registrar of the

Family Court before the second commencement time.

Schedule 6 Application and transitional provisions

Part 3 Matters relating to the finance law

Courts Administration Legislation Amendment Bill 2015

No. , 2015

Part 3--Matters relating to the finance law

7 Continuity of listed entity

(1)

The listed entity mentioned in section 18BB of the Federal Court Act

(as in force immediately before the commencement time) continues in

existence on and after the commencement time as the listed entity

mentioned in section 18ZB of the Federal Court Act (as in force

immediately after the commencement time) so that its identity is not

affected.

(2)

To avoid doubt, the amendments made by this Act do not affect:

(a) the continued operation or effect, after the commencement

time, of any instruments made before that time by, or on

behalf of:

(i) the listed entity; or

(ii) the accountable authority of the listed entity; or

(iii) any other official of the listed entity; or

(b) the validity or effect, after the commencement time, of

anything done before that time by or in relation to:

(i) the listed entity; or

(ii) the accountable authority of the listed entity; or

(iii) any other official of the listed entity.

8 Reporting requirements for old listed entity

(1)

Despite the listed entity mentioned in section 38BAA of the Family

Law Act immediately before the commencement time (the old listed

entity) ceasing to exist because of the repeal of that section made by this

Act, the reporting requirements in sections 39, 42 and 46 of the Public

Governance, Performance and Accountability Act 2013 apply in

relation to:

(a) the old listed entity; and

(b) the accountable authority of the old listed entity; and

30 June 2015;

as if the old listed entity had not ceased to exist.

Application and transitional provisions Schedule 6

Matters relating to the finance law Part 3

No. , 2015

Courts Administration Legislation Amendment Bill 2015

(2)

For the purposes of paragraph (1)(b), the accountable authority of the

old listed entity is:

(a) the person who was the accountable authority of the old

listed entity immediately before the commencement time; or

(b) if the rules prescribe another person--that person.

Schedule 6 Application and transitional provisions

Part 4 Matters relating to APS employment

Courts Administration Legislation Amendment Bill 2015

No. , 2015

Part 4--Matters relating to APS employment

9 Continuity of Statutory Agency

(1)

The Statutory Agency mentioned in section 18Q of the Federal Court

Act (as in force immediately before the commencement time) continues

in existence on and after the commencement time as the Statutory

Agency mentioned in section 18ZE of the Federal Court Act (as in force

immediately after the commencement time) so that its identity is not

affected.

(2)

To avoid doubt, the amendments made by this Act do not affect:

(a) the continued operation, after the commencement time, of

any instruments made before that time by, or on behalf of:

(i) the Statutory Agency; or

(ii) the Agency Head of the Statutory Agency; or

(iii) an APS employee in the Statutory Agency; or

(b) the validity or effect, after the commencement time, of

anything done before that time by or in relation to:

(i) the Statutory Agency; or

(ii) the Agency Head of the Statutory Agency; or

(iii) an APS employee in the Statutory Agency.

10 Transfer of APS employees to Federal Court Statutory

Agency

(1)

A person who is an APS employee in the old Statutory Agency

immediately before the commencement time (a transferred employee)

is moved to the Federal Court Statutory Agency at the commencement

time.

(2)

To avoid doubt, section 72 of the Public Service Act 1999 does not

apply in relation to a transferred employee who is moved to the Federal

Court Statutory Agency under subitem (1).

(3)

However, subsection 72(5A) of the Public Service Act 1999, and

regulations made for the purposes of that subsection, apply in the same

way as they would apply if a transferred employee had been moved to

the Federal Court Statutory Agency by a determination made by the

Application and transitional provisions Schedule 6

Matters relating to APS employment Part 4

No. , 2015

Courts Administration Legislation Amendment Bill 2015

Australian Public Service Commissioner under paragraph 72(1)(a) of

that Act.

11 Terms and conditions of employment for transferred

employees

Transferring enterprise agreement

(1)

If:

(a) a person is a transferred employee; and

(b) immediately before the commencement time, one of the

following enterprise agreements (the transferred agreement)

applied to the person's employment in the old Statutory

Agency:

(i) the enterprise agreement known as the Federal

Magistrates Court of Australia and Family Court of

Australia Enterprise Agreement 2011--2014;

(ii) if the rules prescribe another enterprise agreement--that

agreement;

then:

applies to the Federal Court CEO, on behalf of the

Commonwealth, and the transferred employee in relation to

the transferred employee's employment in the Federal Court

Statutory Agency; and

(d) written policies or guidelines made by the Family Court CEO

for the purposes of the transferred agreement that are in force

immediately before the commencement time continue in

force (and may be dealt with) after the commencement time

as if they had been made by the Federal Court CEO for those

purposes; and

(e) if:

(i) another enterprise agreement (the new agreement)

comes into operation after the commencement time; and

(ii) the new agreement is made by the Federal Court CEO

on behalf of the Commonwealth; and

(iii) the new agreement covers the Federal Court CEO, on

behalf of the Commonwealth, and the transferred

employee in relation to the transferred employee's

employment in the Federal Court Statutory Agency;

Schedule 6 Application and transitional provisions

Part 4 Matters relating to APS employment

Courts Administration Legislation Amendment Bill 2015

No. , 2015

then, when the new agreement comes into operation, the

transferred agreement ceases to apply to the transferred

employee in relation to the transferred employee's

employment in the Federal Court Statutory Agency.

Transferring APS determinations

(2)

If:

(a) a person is a transferred employee; and

(b) immediately before the commencement time, a determination

under subsection 24(1) of the Public Service Act 1999

applied to the person's employment in the old Statutory

Agency;

then the determination (as in force immediately before the

commencement time and to the extent to which it relates to the

transferred employee) has effect (and may be dealt with) after the

commencement time, in relation to the transferred employee's

employment in the Federal Court Statutory Agency, as if:

and

(d) the determination were applicable to the person's

employment in the Federal Court Statutory Agency.

12 Terms and conditions of employment for new employees

Transferred agreement to cover new employees

(1)

If:

(a) a person (the new employee) becomes an APS employee in

the Federal Court Statutory Agency at a time (the

employment time) that is on or after the commencement

time; and

(b) at the employment time the transferred agreement applies to a

transferred employee;

then:

the Federal Court CEO, on behalf of the Commonwealth, and

the new employee in relation to the new employee's

employment in the Federal Court Statutory Agency; and

(d) if:

Application and transitional provisions Schedule 6

Matters relating to APS employment Part 4

No. , 2015

Courts Administration Legislation Amendment Bill 2015

(i) another enterprise agreement (the new agreement)

comes into operation after the employment time; and

(ii) the new agreement is made by the Federal Court CEO

on behalf of the Commonwealth; and

(iii) the new agreement covers the Federal Court CEO, on

behalf of the Commonwealth, and the new employee in

relation to the new employee's employment in the

Federal Court Statutory Agency;

then, when the new agreement comes into operation, the

transferred agreement ceases to cover the new employee in

relation to the new employee's employment in the Federal

Court Statutory Agency.

Note:

Even though the transferred agreement covers the new employee because of

paragraph (1)(c), it might not apply to the new employee (for example, because another

enterprise agreement applies to the new employee).

Only one agreement to apply to new employees

(2)

If, at the employment time, both the transferred agreement and the

Federal Court agreement (see subitem (3)) cover the Federal Court

CEO, on behalf of the Commonwealth, and the new employee in

relation to the new employee's employment in the Federal Court

Statutory Agency, then:

(a) the Federal Court CEO may determine that one of those

enterprise agreements applies to the new employee in relation

to the new employee's employment in the Federal Court

Statutory Agency; and

(b) if:

(i) another enterprise agreement (the new agreement)

comes into operation after the employment time; and

(ii) the new agreement is made by the Federal Court CEO

on behalf of the Commonwealth; and

(iii) the new agreement covers the Federal Court CEO, on

behalf of the Commonwealth, and the new employee in

relation to the new employee's employment in the

Federal Court Statutory Agency;

then, when the new agreement comes into operation, the

enterprise agreement determined by the Federal Court CEO

under paragraph (a) ceases to apply to the new employee in

relation to the new employee's employment in the Federal

Court Statutory Agency.

Schedule 6 Application and transitional provisions

Part 4 Matters relating to APS employment

Courts Administration Legislation Amendment Bill 2015

No. , 2015

(3)

The Federal Court agreement is:

(a) the enterprise agreement known as the Federal Court of

Australia Enterprise Agreement 2011--2014; or

(b) if another enterprise agreement is prescribed by the rules--

that agreement.

Rules

(4)

The rules may prescribe circumstances in which subitem (1) or (2) does

not apply.

Delegation

(5)

The Federal Court CEO may, in writing, delegate the power conferred

by paragraph (2)(a) to:

(a) an SES employee in the Federal Court Statutory Agency; or

(b) an APS employee in the Federal Court Statutory Agency who

holds or performs the duties of an Executive Level 2 position

or an equivalent position.

Determination is not a legislative instrument

(6)

A determination made under paragraph (2)(a) is not a legislative

instrument.

Application and transitional provisions Schedule 6

Transitional rules Part 5

No. , 2015

Courts Administration Legislation Amendment Bill 2015

Part 5--Transitional rules

13 Transitional rules

(1)

The Minister may, by legislative instrument, make rules prescribing

matters:

(a) required or permitted by this Schedule to be prescribed by the

rules; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

(2)

The rules may prescribe matters of a transitional nature (including

prescribing any saving or application provisions) relating to the

amendments or repeals made by this Act.

(3)

To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

(4)

This Act (other than subitem (3)) does not limit the rules that may be

made under subitem (1).

(5)

Despite subsection 12(2) of the Legislative Instruments Act 2003, a

provision of the rules may be expressed to take effect from a day before

the rules are registered under that Act (but not before the

commencement time).

(6)

If Schedule 1 to the Acts and Instruments (Framework Reform) Act

2015 commences before this item, then subsection 12(2) (retrospective

application of legislative instruments) of the Legislation Act 2003 (as

amended by that Schedule) does not apply in relation to a provision of

the rules that commences in the period that:

(a) starts at the commencement time; and

Commonwealth of Australia Bills

COURTS ADMINISTRATION LEGISLATION AMENDMENT BILL 2015