New South Wales Consolidated Acts

LOCAL COURT ACT 2007 - SECT 14

14 The Chief Magistrate

(1) The Governor may appoint a qualified person to be the Chief Magistrate of the Local Court.

(2) A person is a
"qualified person" if the person is:

(a) a Magistrate, or

(b) a Judge of the District Court.

(3) The appointment may be made:

(a) by the commission of a person's appointment as a Magistrate or a Judge of the District Court, or

(b) by a subsequent commission under the public seal of the State.

(4) The appointment of a person who is a Judge of the District Court as the Chief Magistrate also operates to appoint the person as a Magistrate.

(5) If the Chief Magistrate also holds office as a Judge of the District Court, the Chief Magistrate may (while holding office as the Chief Magistrate) exercise the jurisdiction of the District Court if:

(a) the Chief Magistrate is requested to do so by the Chief Judge of the District Court in relation to particular proceedings before that Court, and

(b) the Chief Magistrate agrees to the request.

Note : Section 13 of the District Court Act 1973 enables the Governor to appoint the Chief Magistrate as a Judge of the District Court.

(6) Subsection (5) has effect despite clause 5 (Effect of employment as Magistrate) of Schedule 1.

(7) Part 2 of Schedule 1 has effect with respect to the Chief Magistrate.