New South Wales Consolidated Acts New South Wales Consolidated Acts(Sections 13 (4), 14 (2), 15 (3) and 16 (3))
(cf LCA 1982, section 12A)
(1) A person's appointment as a Magistrate is taken to be an appointment on a full-time basis unless the appointment is expressed, in the commission by which the person was appointed, to be on a part-time basis.
(2) A Magistrate, although not appointed on a part-time basis, may, by agreement in writing entered into with the Chief Magistrate, exercise the functions of the office of Magistrate on a part-time basis.
The office of Magistrate is a statutory office and the Government Sector Employment Act 2013 (including Part 6) does not apply to that office.
(cf LCA 1982, section 20)
Subject to this and any other Act, a Magistrate is taken to have vacated the
office of Magistrate if--
(a) the Magistrate dies, or
(b) the Magistrate resigns that office by instrument in writing addressed to the Governor, or
(c) the Magistrate retires from office pursuant to the requirements of the Judicial Officers Act 1986 , or
(d) the Magistrate retires from that office under a provision of any other Act under which the Magistrate may so retire, or
(e) the Magistrate is removed from office pursuant to section 53 of the Constitution Act 1902 .
(cf DCA, section 13 (8) and (9))
(1) A person who vacates office as a Magistrate otherwise than by having been removed from office may, despite vacating his or her office, continue to hear and determine and otherwise deal with any proceedings that have been heard, or partly heard, by the person before vacating his or her office.
(2) While a person continues to deal with, under subclause (1), any proceedings that have been heard or partly heard by the person before vacating office, the person has all the entitlements and functions of a Magistrate and, for the purpose of those proceedings, is taken to continue to be a Magistrate.
(cf LCA 1982, section 23)
(1) Except as provided by this clause, a Magistrate must not engage in any business or employment outside the duties of his or her office except with the approval of the Governor.
(2) Subclause (1) does not allow the Governor to give approval for a Magistrate to practise as an Australian legal practitioner for fee, gain or reward.
(3) Subclause (1) does not apply to a part-time Magistrate, but such a person must not--(a) accept or continue to hold or discharge the duties of or be employed in any paid office in connection with any commercial business, or(b) engage in or undertake any such business, whether as principal or agent, or(c) practise as an Australian legal practitioner for fee, gain or reward or engage in or continue in the private practice of any other profession, occupation or trade, or enter into any employment, whether remunerated or not, with any person so engaged.
(cf LCA 1982, section 24)
Subject to clause 10A, a Magistrate is entitled to be paid remuneration in
accordance with the Statutory and Other Offices Remuneration Act 1975 .
(1) In this clause--
"eligible member" means a Magistrate who, immediately before his or her appointment as a Magistrate, was a person employed in the Public Service or an officer or employee of a public authority declared by an Act or proclamation to be an authority to which this clause applies.
"superannuation scheme" means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under an Act.
(2) An eligible member--(a) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before becoming an eligible member, and(b) is entitled to receive any payment, pension or gratuity accrued or accruing under the scheme,as if he or she had continued to be such a contributor during service as a Magistrate.
(3) Service by an eligible member as a Magistrate is taken to be service as an officer or employee in his or her previous employment for the purposes of any law under which the member continues to contribute to the scheme or by which an entitlement under the scheme is conferred.
(4) An eligible member is to be regarded as an officer or employee, and the State is to be regarded as the employer, for the purposes of the scheme.
(5) This clause ceases to apply to an eligible member if he or she becomes a contributor to another superannuation scheme, but the eligible member is not prevented from receiving a resignation benefit from the first superannuation scheme.
(6) This clause is subject to clauses 8 and 10B.
(cf LCA 1982, section 25A)
(1) A person who was employed in the government sector before the person's appointment as a Magistrate does not retain, on his or her appointment, any entitlement to extended, annual or sick leave accrued or accruing to the person as such an employee.
(2) Nothing in subclause (1) prevents the payment to a person to whom that subclause applies of the money value of any extended, annual or sick leave accrued or accruing to the person as an employee in the government sector before the person's appointment as a Magistrate.
(3) This clause applies only in relation to a person appointed as a Magistrate on or after 20 September 2002 (being the date of commencement of section 25A of the Local Courts Act 1982 ).
(cf LCA 1982, section 22)
(1) The terms and conditions of service (including leave of absence) of Magistrates are to be as determined by the Minister after consultation with the Chief Magistrate.
(2) This clause extends to the terms and conditions to be included in any agreement referred to in clause 1 (Part-time arrangements).
(3) A determination by the Minister under this clause is referred to in this Schedule as a
"conditions of service determination" .
(1) A conditions of service determination may make provision for an alternative extended leave scheme for Magistrates with pre-2002 extended leave entitlements.
(2) An
"alternative extended leave scheme" is a scheme under which a Magistrate accrues extended leave on a different basis to his or her pre-2002 extended leave entitlement.
(3) A conditions of service determination may permit a Magistrate to elect--(a) to be paid, as a gratuity, the monetary value of the Magistrate's pre-2002 extended leave entitlement, and(b) to accrue extended leave, on and from the date of election, in accordance with the alternative extended leave scheme.
(4) An alternative extended leave scheme may provide that the Magistrate accrues extended leave as if the Magistrate had first been appointed as a Magistrate on or after the election takes effect (that is, disregarding service as a Magistrate or in the government sector before the election takes effect).
(5) In this section, a
"pre-2002 extended leave entitlement" is any right to extended leave or to accrue extended leave that a Magistrate appointed before 20 September 2002 has by virtue of section 25 (1) of the Local Courts Act 1982 , as in force immediately before its repeal.
Note--: Section 30 (1) (c) of the Interpretation Act 1987 provides that the repeal of an Act does not affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act.
(cf LCA 1982, section 14)
(1) Subject to subclause (2), the Chief Magistrate holds the office of Chief Magistrate while he or she holds office as a Magistrate.
(2A) The Governor may not grant an approval under subclause (2) if the Chief Magistrate holds office as a Judge of the District Court unless the Chief Magistrate also seeks to resign from office as a Judge.
(3) The Chief Magistrate may delegate to a Deputy Chief Magistrate any of the Chief Magistrate's functions other than this power of delegation.
If the Chief Magistrate also holds office as a Judge of the District Court, the Chief Magistrate is not entitled to receive remuneration as a Magistrate or the Chief Magistrate while he or she receives remuneration as a Judge.
Note--: Section 13 (3) (a) of the District Court Act 1973 provides that where the Chief Magistrate also holds office as a Judge of the District Court, his or her service as the Chief Magistrate (during any period for which he or she also holds office as a Judge) counts as service as a Judge of that Court for the purposes of receiving the remuneration and superannuation entitlements to which a Judge of that Court is entitled.
(1) This clause applies to the Chief Magistrate if the Chief Magistrate--(a) is appointed as a Judge of the District Court at the same time as being appointed as the Chief Magistrate or while he or she holds office as the Chief Magistrate, and(b) is a contributor to a State public sector superannuation scheme immediately before being appointed as a Judge.
(2) When this clause applies to the Chief Magistrate, the Chief Magistrate--(a) ceases on his or her appointment as a Judge to be an employee who is entitled to be a contributor under the State public sector superannuation scheme concerned, and(b) is taken on that appointment to have preserved his or her superannuation benefits under the scheme in accordance with the relevant statutory provisions governing the scheme.
(3) This clause does not--(a) prevent the Chief Magistrate from contributing to the FSS Fund in a capacity other than as an employee within the meaning of the First State Superannuation Act 1992 if he or she is permitted to do so by the trust deed under which the Fund is maintained and administered, or(b) otherwise affect the provisions of any other Act or regulation relating to the rights of contributors under superannuation schemes.
(4) In this clause--
"FSS Fund" means the Fund within the meaning of the First State Superannuation Act 1992 .
"State public sector superannuation scheme" means each of the following--(a) a STC scheme within the meaning of the Superannuation Administration Act 1996 ,(b) the FSS Fund,(c) any other scheme or fund prescribed by the regulations for the purposes of this clause.
(cf LCA 1982, section 15)
(1) Subject to subclause (2), a Deputy Chief Magistrate holds the office of Deputy Chief Magistrate while he or she holds office as a Magistrate.
(2) With the approval of the Governor, a Deputy Chief Magistrate may resign the office of Deputy Chief Magistrate without resigning the office of Magistrate.
(3) A Deputy Chief Magistrate nominated for the purposes of this subclause by an order in writing of the Attorney General may, in accordance with the terms of that order, act in the office of the Chief Magistrate during--(a) an absence from duty of the Chief Magistrate, or(b) a vacancy in the office of Chief Magistrate.
(3A) The Attorney General may make any such nomination for a particular vacancy or absence or for any vacancy or absence that occurs from time to time.
(4) A Deputy Chief Magistrate has and may exercise all of the functions of the Chief Magistrate while acting in that office.
(1) An acting Magistrate has the powers and authorities of a Magistrate, is to fulfil the duties of a Magistrate and for the purposes of this or any other Act (other than the Statutory and Other Offices Remuneration Act 1975 ) is taken to be a Magistrate.
(2) A person appointed as an acting Magistrate may, despite the expiration of the person's term of office, complete or otherwise continue to hear and determine and otherwise deal with any proceedings that have been heard, or partly heard, by the person before the expiration of that term.
(3) While a person continues to deal with or determine, under subclause (2), any proceedings that have been heard or partly heard by the person before the expiration of the person's term of office, the person has all the entitlements and functions of a Magistrate and, for the purposes of those proceedings, is taken to continue to be a Magistrate.
(4) A person appointed as an acting Magistrate is entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 .