Commonwealth Consolidated Acts Commonwealth Consolidated ActsResponsibility of Chief Justice
(1) The Chief Justice is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.
(1AA) In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Justice:
(a) may, subject to this Act and to such consultation with Judges as is appropriate and practicable, do all or any of the following:
(i) make arrangements as to the Judge or Judges who is or are to constitute the Court in particular matters or classes of matters;
(ii) without limiting the generality of subparagraph (i)--assign particular caseloads, classes of cases or functions to particular Judges;
(iii) temporarily restrict a Judge to non - sitting duties; and
(b) must ensure that arrangements are in place to provide Judges with appropriate access to (or reimbursement for the cost of):
(i) annual health assessments; and
(ii) short - term counselling services; and
(c) may deal, as set out in subsection (1AAA), with a complaint about the performance by another Judge of his or her judicial or official duties; and
(d) may take any measures that the Chief Justice believes are reasonably necessary to maintain public confidence in the Court, including, but not limited to, temporarily restricting another Judge to non - sitting duties.
(1AAA) The Chief Justice may, if a complaint is made about another Judge of the Court, deal with the complaint by doing either or both of the following in respect of the complaint:
(a) deciding whether or not to handle the complaint and then doing one of the following:
(ii) handling the complaint if the Chief Justice has a relevant belief in relation to the complaint about the other Judge;
(iii) arranging for any other complaint handlers to assist the Chief Justice to handle the complaint if the Chief Justice has a relevant belief in relation to the complaint about the other Judge;
(b) arranging for any other complaint handlers to decide whether or not to handle the complaint and then to do one of the following:
(ii) handle the complaint if each of the complaint handlers has a relevant belief in relation to the complaint about the other Judge.
Note: A complaint handler (other than the Chief Justice) may handle a complaint by referring it to the Chief Justice. The Chief Justice may then do either or both of the things referred to in paragraph (a) or (b) in respect of the complaint.
(1AAB) The Chief Justice may authorise, in writing, a person or a body to do one or more of the following:
(a) assist the Chief Justice to handle complaints or a specified complaint;
(b) decide whether or not to handle complaints or a specified complaint;
(c) dismiss complaints or a specified complaint;
(d) handle complaints or a specified complaint.
(1AB) In exercising the functions or powers mentioned in paragraph (1AA)(a), the Chief Justice has the same protection and immunity as if he or she were exercising those functions or powers as, or as a member of, the Court.
Note: See also section 18XA.
(1AC) Despite section 39B of the Judiciary Act 1903 , the Court does not have jurisdiction with respect to a matter relating to the exercise by the Chief Justice of the functions or powers mentioned in subsection (1AA), (1AAA) or (1AAB).
Exercise of powers of General and Fair Work Divisions of the Court
(1A) A Judge who is assigned to a Division of the Court must exercise, or participate in exercising, the powers of the Court only in that Division, except as set out in subsection (1B).
(1B) The Chief Justice may arrange for a Judge who is assigned to a particular Division of the Court to exercise, or participate in exercising, the powers of the Court in the other Division if the Chief Justice considers that circumstances make it desirable to do so.
(1C) To avoid doubt, a Judge who is not assigned to either Division of the Court may exercise, or participate in exercising, the powers of the Court in either Division.
(1D) Subsection (1A) does not affect the validity of any exercise of powers by the Court otherwise than in accordance with that subsection.
Judges who are also Judges of the Supreme Court of the ACT and the Northern Territory
(2) Where a Judge of the Federal Court of Australia also holds office as an additional Judge of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia, arrangements shall be made between the Chief Justice of the Federal Court of Australia and the Chief Judge or Chief Justice, as the case may be, of that Supreme Court as to the extent to which the Judge is to take part in the exercise of the jurisdiction of that Supreme Court, but the Chief Justice of the Federal Court of Australia shall consult with the Judge concerned before making any such arrangements.
(3) Where a Judge, other than an additional Judge, of the
Supreme Court of the Australian Capital Territory or of the Supreme Court of
the Northern Territory of Australia also holds office as a Judge of the
Federal Court of Australia, he or she is not required to take part in
the exercise of the jurisdiction of the Federal Court of Australia except in
accordance with arrangements made between the Chief Justice of the Federal
Court of Australia and the Chief Judge or Chief Justice, as the case may be,
of that Supreme Court, but the Chief Judge or Chief Justice, as the case may
be, of that Supreme Court shall consult with the Judge concerned before making
any such arrangements.