Commonwealth Numbered Acts

FAMILY COURT OF AUSTRALIA (ADDITIONAL JURISDICTION AND EXERCISE OF POWERS) ACT 1988 No. 8 of 1988 - SECT 17

17. After section 26 of the Principal Act the following Division is inserted:
                       "Division 4 - Judicial Registrars
Judicial Registrars

"26A. The Governor-General may appoint one or more Judicial Registrars of the
Court. Powers of Judicial Registrars

"26B. (1) The Judges, or a majority of them, may make Rules of Court
delegating to the Judicial Registrars all or any of the powers of the Court
except the power to make an order in relation to the custody, guardianship or
welfare of, or access to, a child, other than an order until further order or
an order made in undefended proceedings or with the consent of all the parties
to the proceedings.

"(2) Without limiting the generality of subsection (1), the Judges, or a
majority of them, may make Rules of Court under that subsection:

   (a)  delegating to the Judicial Registrars all or any of the powers of the
        Court that could be delegated to the Registrars of the Court; and

   (b)  delegating to the Judicial Registrars powers of the Court by reference
        to powers of the Court that have been delegated to the Registrars of
        the Court under section 37A.

"(3) A power delegated to the Judicial Registrars shall, when exercised by a
Judicial Registrar, be deemed to have been exercised by the Court or a Judge,
as the case requires.

"(4) The delegation of a power to the Judicial Registrars does not prevent the
exercise of the power by the Court or a Judge.

"(5) The provisions of this Act, the regulations and the Rules of Court, and
other laws of the Commonwealth, that relate to the exercise by the Court of a
power that is, under a delegation made under subsection (1), exercisable by a
Judicial Registrar, apply in relation to an exercise of the power by a
Judicial Registrar as if references to the Court, or to a court exercising
jurisdiction under this Act, were references to a Judicial Registrar.

"(6) The Judicial Registrars shall have, in addition to the powers delegated
to them under subsection (1), such other powers (if any) as are conferred on
them by this Act, the regulations and the Rules of Court. Review of decisions
of Judicial Registrars

"26C. (1) A party to proceedings in which a Judicial Registrar has exercised a
power delegated under subsection 26B (1) may, within the time prescribed by,
or within such further time as is allowed in accordance with, Rules of Court
made by the Judges or a majority of them, apply to the Court to review the
exercise of the power.

"(2) The Court may, on application made under subsection (1) or of its own
motion, review the exercise by a Judicial Registrar of a power delegated under
subsection 26B (1), and may make such orders as it considers appropriate in
relation to the matter in relation to which the power was exercised.

"(3) The Court may, on the application of a party or of its own motion, refer
an application under subsection (1) to a Full Court of the Court. Exercise of
delegated powers by Court

"26D. (1) Where:

   (a)  an application for the exercise of a power delegated under subsection
        26B (1) is to be, or is being, heard by a Judicial Registrar; and

   (b)  the Judicial Registrar considers that it is not appropriate for the
        application to be determined by a Judicial Registrar; the Judicial
        Registrar shall not hear, or continue to hear, the application, and
        shall make appropriate arrangements for the application to be heard by
        the Court.

"(2) Where:

   (a)  a power delegated under subsection 26B (1) is proposed to be exercised
        in a particular case by a Judicial Registrar; but

   (b)  the Judicial Registrar has not commenced to exercise the power in that
        case; a Judge may, on application by a person who would be a party to
        the proceedings before the Judicial Registrar in relation to the
        proposed exercise of the power, order that the power be exercised in
        that case by a Judge.

"(3) Where an application is made to a Judge under subsection (2) seeking an
order that, in a particular case, a power be exercised by a Judge, the
Judicial Registrar shall not commence to exercise the power in that case until
the application has been determined. Rules of Court disallowable etc.

"26E. Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in
relation to Rules of Court made under sections 26B and 26C as if references to
regulations were references to the Rules of Court. Independence of Judicial
Registrars

"26F. Notwithstanding any provision of this Act or any other law, a Judicial
Registrar is not subject to the direction or control of any person or body in
the exercise of a power delegated under subsection 26B (1). Judicial
Registrars hold office on full time or part time basis

"26G. A Judicial Registrar may be appointed on a full time or part time basis.
Qualifications for appointment etc.

"26H. (1) A person shall not be appointed as a Judicial Registrar unless:

   (a)  the person is or has been a Judge of a court created by the Parliament
        or of a court of a State or the Northern Territory or has been
        enrolled as a legal practitioner of the High Court or of the Supreme
        Court of a State or Territory for not less than 5 years; and

   (b)  the person is, by reason of training, experience and personality, a
        suitable person to deal with matters of family law.

"(2) A person who has attained 65 years of age shall not be appointed as a
Judicial Registrar on a full time basis. Term of office

"261. (1) A Judicial Registrar:

   (a)  shall be appointed with effect from the day specified in the
        instrument of appointment; and

   (b)  holds office, subject to this Act:

        (i)    for such term (not exceeding 7 years) as is specified in the
               instrument of appointment, but is eligible for re-appointment;
               or

        (ii)   if the instrument of appointment so provides, until attaining
               65 years of age, but is eligible for re-appointment on a part
               time basis.

"(2) The Governor-General shall not appoint a person as a Judicial Registrar
on a full time basis for a term that extends beyond the day on which the
person will attain 65 years of age. Remuneration and allowances

"26J. (1) A Judicial Registrar shall be paid such remuneration as is
determined by the Remuneration Tribunal.

"(2) A Judicial Registrar shall be paid such allowances as are prescribed.

"(3) This section has effect subject to the Remuneration Tribunals Act 1973.
Resignation

"26K. A Judicial Registrar may resign by writing signed and delivered to the
Governor-General. Termination of appointment

"26L. (1) The Governor-General may terminate the appointment of a Judicial
Registrar for misbehaviour or physical or mental incapacity.

"(2) The Governor-General shall terminate the appointment of a Judicial
Registrar if the Judicial Registrar becomes bankrupt, applies to take the
benefit of a law for the relief of bankrupt or insolvent debtors, compounds
with his or her creditors or makes an assignment of his or her remuneration
for their benefit. Oath or affirmation of office

"26M. A Judicial Registrar shall, before proceeding to discharge the duties of
the office, take, before the Chief Judge or another Judge of the Family Court,
an oath or affirmation in the following form:
  'I,                            , do swear that I will be faithful and
bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and
Successors according to law and that I will well and truly serve Her in the
office of Judicial Registrar of the Family Court of Australia, So help me
God.' or   'I,                            , do solemnly and sincerely promise
and declare that I will be faithful and bear true allegiance to Her Majesty
Queen Elizabeth the Second, Her Heirs and Successors according to law and that
I will well and truly serve Her in the office of Judicial Registrar of the
Family Court of Australia.'. Terms and conditions of appointment not provided
for by Act

"26N. A Judicial Registrar holds office on such terms and conditions (if any)
in relation to matters not provided by this Act as are determined, in writing,
by the Governor-General.".