South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Judicial Registrars)
Bill 2016
A BILL FOR
An Act to amend the
District
Court Act 1991
; the
Magistrates
Court Act 1991
; the
Oaths
Act 1936
; the
Supreme
Court Act 1935
; and the
Youth
Court Act 1993
.
Contents
Part 2—Amendment of District Court
Act 1991
4Amendment of section
3—Interpretation
5Amendment of section 10—Court's
judiciary
6Insertion of heading to Part 3 Division 2
Subdivision 1
7Insertion of heading to Part 3 Division 2
Subdivision 2
8Amendment of section 12—Appointment of
other Judges and Masters
9Insertion of heading to Part 3 Division 2
Subdivision 3
10Amendment of section 13—Judicial
remuneration (other than for Judicial Registrar)
11Insertion of Part 3 Division 2 Subdivision
4
Subdivision 4—Provisions relating to
Judicial Registrars
16AAppointment and
conditions of Judicial Registrars
16BJudicial
Registrar ceasing to hold office and suspension
16CJurisdiction of
Judicial Registrar
12Amendment of section 20—Constitution of
Court
13Amendment of section 29—Issue of
evidentiary summons
14Amendment of section 32—Mediation and
conciliation
15Amendment of section 43—Right of
appeal
16Amendment of section 44—Reservation of
questions of law
17Amendment of section
46—Immunities
18Amendment of section 51—Rules of
Court
Part 3—Amendment of Magistrates Court
Act 1991
19Amendment of section
3—Interpretation
20Insertion of heading to Part 2 Division 2
Subdivision 1
21Amendment of section 7A—Constitution of
Court
22Insertion of Part 2 Division 2 Subdivision
2
Subdivision 2—Provisions relating to
Judicial Registrars
7AAAppointment and
conditions of Judicial Registrars
7ABJudicial
Registrar ceasing to hold office and suspension
23Insertion of heading to Part 2 Division 2
Subdivision 3
24Amendment of section 15—Exercise of
procedural and administrative powers of Court
25Amendment of section 24—Issue of
evidentiary summonses
26Amendment of section 27—Mediation and
conciliation
27Amendment of section
44—Immunities
28Amendment of section 45—Contempt in face
of Court
29Amendment of section 49—Rules of
Court
Part 4—Amendment of Oaths
Act 1936
30Amendment of section 7—Oaths to be taken
by judicial officers
31Amendment of section 28—Commissioners
for taking affidavits
Part 5—Amendment of Supreme Court
Act 1935
32Amendment of section
5—Interpretation
33Amendment of section 7—Judicial officers
of the court
34Insertion of sections 13I and
13J
13IAppointment and
conditions of judicial registrars
13JJudicial
registrar ceasing to hold office and suspension
14Certain common
interests do not disqualify
36Amendment of section 48—Jurisdiction of
Full Court, single judge, master, etc
48AJurisdiction of
judicial registrar
38Amendment of section 49—Questions of law
reserved for Full Court
39Amendment of section
50—Appeals
40Amendment of section 65—Mediation and
conciliation
41Amendment of section 72—Rules of
court
Part 6—Amendment of Youth Court
Act 1993
43Amendment of section
3—Interpretation
44Amendment of section 9—Court's
judiciary
45Insertion of sections 10A to 10C
10AAppointment and
conditions of judicial registrars
10BJudicial
registrar ceasing to hold office and suspension
10CJurisdiction of
judicial registrar
46Amendment of section 14—Constitution of
Court
47Amendment of section
22—Appeals
49Amendment of section 27—Contempt of
Court
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Judicial Registrars)
Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of District Court
Act 1991
4—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of judicial office—delete
"or Master" and substitute:
, Master or Judicial Registrar
(2) Section 3(1)—after the definition of judicial
office insert:
Judicial Registrar means a District Court Judicial
Registrar;
(3) Section 3—after the definition of Master
insert:
Registrar means the Registrar, or any Deputy Registrar of the
Court, but does not include a Judicial Registrar;
5—Amendment
of section 10—Court's judiciary
Section 10(1)—after paragraph (c) insert:
and
(d) the Judicial Registrars.
6—Insertion
of heading to Part 3 Division 2 Subdivision 1
Part 3 Division 2—before section 11A insert:
Subdivision 1—Appointment of Chief
Judge
7—Insertion
of heading to Part 3 Division 2 Subdivision 2
Part 3 Division 2—before section 12 insert:
Subdivision 2—Appointment of other Judges and
Masters
8—Amendment
of section 12—Appointment of other Judges and Masters
(1) Section 12(1)—after "judicial office" insert:
(other than to the office of Judicial Registrar)
(2) Section 12(2)—after "judicial office" insert:
(other than to the office of Judicial Registrar)
(3) Section 12(3)—before "may be appointed" insert:
under this section
9—Insertion
of heading to Part 3 Division 2 Subdivision 3
Part 3 Division 2—before section 13 insert:
Subdivision 3—Other provisions relating to Judges
and Masters
10—Amendment
of section 13—Judicial remuneration (other than for Judicial
Registrar)
Section 13(1)—after "judicial officers" insert:
(other than a Judicial Registrar)
11—Insertion
of Part 3 Division 2 Subdivision 4
After section 16 insert:
Subdivision 4—Provisions relating to Judicial
Registrars
16A—Appointment and conditions of Judicial
Registrars
(1) The Governor may,
on the recommendation of the Attorney-General and with the concurrence of the
Chief Judge, appoint a legal practitioner of at least 5 years standing, to
be a District Court Judicial Registrar.
(2) The term of appointment (which must be for at least 7 years), the
remuneration and the conditions of service applicable to a person holding an
appointment under this section will be as determined by the Governor with the
concurrence of the Chief Judge, and specified in the instrument of
appointment.
(3) An appointment of a Judicial Registrar under this section will be
taken to be on a full-time basis unless the instrument of appointment provides
that the appointment is on a part-time basis.
(4) However, a
Judicial Registrar not appointed on a part-time basis may, by written agreement
with the Chief Judge made with the approval of the Attorney-General, perform the
duties of office on a part-time basis for a period specified in the
agreement.
(5) An instrument appointing a Judicial Registrar on a part-time basis or
an agreement under
subsection (4)
must specify the hours of duty the Judicial Registrar will ordinarily be
required to work, expressed as a proportion of the time a Judicial Registrar
appointed on a full-time basis is ordinarily required to work.
(6) The hours of duty specified in an instrument of appointment or an
agreement under
subsection (4)
may be varied by written agreement between the Judicial Registrar and the
Chief Judge made with the approval of the Attorney-General.
(7) The remuneration determined by the Governor with the concurrence of
the Chief Judge and specified in the instrument of appointment may not be
reduced by subsequent determination.
(8) However, a Judicial Registrar (whether appointed on a full-time or
part-time basis) is, while performing the duties of the office on a part-time
basis, entitled to remuneration on a pro-rata basis in respect of the hours of
duty at the rate determined by the Governor under this section in relation to a
Judicial Registrar appointed on a full-time basis.
(9) For the purpose of determining whether a legal practitioner has the
standing necessary for appointment to the office of Judicial Registrar, periods
of legal practice within and outside the State will be taken into
account.
(10) A person
appointed as a Judicial Registrar is, on the recommendation of the
Attorney-General and with the concurrence of the Chief Judge, eligible for
reappointment at the expiration of a term of office.
16B—Judicial Registrar ceasing to hold office and
suspension
(1) The Governor
may, on the recommendation of the Attorney-General, remove a Judicial Registrar
from office for—
(a) mental or physical incapacity to carry out official duties
satisfactorily; or
(b) neglect of duty; or
(c) dishonourable conduct.
(2) A Judicial Registrar ceases to hold office if the Judicial
Registrar—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Attorney-General; or
(d) ceases to satisfy any qualification by virtue of which the person was
eligible for appointment to the office of Judicial Registrar; or
(e) is removed from office under
subsection (1)
.
(3) The Attorney-General may only make a recommendation under
subsection (1)
with the concurrence of the Chief Judge.
(4) The Chief Judge
may, on the Chief Judge's own initiative or at the request of the
Attorney-General, suspend a Judicial Registrar from office if it appears that
there may be grounds for the removal of the Judicial Registrar from
office.
(5) If a Judicial Registrar is suspended under
subsection (4)
, the Judicial Registrar remains entitled to the Judicial Registrar's usual
remuneration and allowances during the period of suspension.
16C—Jurisdiction of Judicial
Registrar
(1) Subject to the regulations, Judicial Registrars may exercise such
jurisdiction of the Court as assigned by the Chief Judge or the rules.
(2) If the Court is constituted of a Judicial Registrar in criminal
proceedings, the Court—
(a) may not impose a sentence of imprisonment; and
(b) if of the opinion that the limitation on its powers imposed under this
subsection prevents it from imposing an appropriate sentence—may adjourn
the question of sentence for hearing and determination by a Judge.
12—Amendment
of section 20—Constitution of Court
(1) Section 20(1)—after paragraph (b) insert:
or
(c) if the matter lies within a jurisdiction of the Court assigned to
Judicial Registrars—a Judicial Registrar (but the jurisdiction of Judicial
Registrars is not exclusive; such a jurisdiction may also be exercised by a
Judge or Master).
(2) Section 20(6)—delete "or Master" and substitute:
, Master or Judicial Registrar
13—Amendment
of section 29—Issue of evidentiary summons
Section 29(a)—delete "or Master" and substitute:
, Master or Judicial Registrar
14—Amendment
of section 32—Mediation and conciliation
(1) Section 32(1)—delete "or Master" and substitute:
, Master or Judicial Registrar
(2) Section 32(2c)—delete "or Master" and substitute:
, Master or Judicial Registrar
15—Amendment
of section 43—Right of appeal
Section 43(2)—before paragraph (a) insert:
(aa) in the case of a judgment given by a Judicial Registrar or the Court
constituted of a Judicial Registrar—to the Court constituted of a
Judge;
16—Amendment
of section 44—Reservation of questions of law
Section 44(1)—after "Master" insert:
or Judicial Registrar
17—Amendment
of section 46—Immunities
Section 46(1)—after "Master" insert:
, Judicial Registrar
18—Amendment
of section 51—Rules of Court
(1) Section 51(1)(b)—after "Masters" insert:
or Judicial Registrars
(2) Section 51(1)(c)—after "Court" insert:
(including in its appellate jurisdiction)
Part 3—Amendment
of Magistrates Court
Act 1991
19—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of judicial office—before
"or special justice" insert:
, Judicial Registrar
(2) Section 3(1)—after the definition of judicial
office insert:
Judicial Registrar means a Magistrates Court Judicial
Registrar;
(3) Section 3(1), definition of Registrar—after
"Court" insert:
, but does not include a Judicial Registrar
20—Insertion
of heading to Part 2 Division 2 Subdivision 1
Before section 7 insert:
Subdivision 1—Divisions and constitution of
Court
21—Amendment
of section 7A—Constitution of Court
(1) Section 7A—after subsection (1) insert:
(1a) Subject to the regulations, Judicial Registrars may exercise such
jurisdiction of the Court as assigned by the Chief Magistrate or the
rules.
(2) Section 7A(2)(c)—after "Magistrate" insert:
or Judicial Registrar
(3) Section 7A(2)—delete "but, when constituted of a special
justice, the Court may not impose a sentence of imprisonment"
(4) Section 7A—after subsection (2) insert:
(2aa) If the Court is constituted of a Judicial Registrar or special
justice in criminal proceedings, the Court—
(a) may not impose a sentence of imprisonment; and
(b) if of the opinion that the limitation on its powers imposed under this
subsection prevents it from imposing an appropriate sentence—may adjourn
the question of sentence for hearing and determination by a
Magistrate.
(5) Section 7A(2a)—after "Magistrate" insert:
, Judicial Registrar
22—Insertion
of Part 2 Division 2 Subdivision 2
After section 7A insert:
Subdivision 2—Provisions relating to Judicial
Registrars
7AA—Appointment and conditions of Judicial
Registrars
(1) The Governor
may, on the recommendation of the Attorney-General and with the concurrence of
the Chief Magistrate, appoint a legal practitioner of at least 5 years
standing, to be a Magistrates Court Judicial Registrar.
(2) The term of appointment (which must be for at least 7 years), the
remuneration and the conditions of service applicable to a person holding an
appointment under this section will be as determined by the Governor with the
concurrence of the Chief Magistrate, and specified in the instrument of
appointment.
(3) An appointment of a Judicial Registrar under this section will be
taken to be on a full-time basis unless the instrument of appointment provides
that the appointment is on a part-time basis.
(4) However, a
Judicial Registrar not appointed on a part-time basis may, by written agreement
with the Chief Magistrate made with the approval of the Attorney-General,
perform the duties of office on a part-time basis for a period specified in the
agreement.
(5) An instrument appointing a Judicial Registrar on a part-time basis or
an agreement under
subsection (4)
must specify the hours of duty the Judicial Registrar will ordinarily be
required to work, expressed as a proportion of the time a Judicial Registrar
appointed on a full-time basis is ordinarily required to work.
(6) The hours of duty specified in an instrument of appointment or an
agreement under
subsection (4)
may be varied by written agreement between the Judicial Registrar and the
Chief Magistrate made with the approval of the Attorney-General.
(7) The remuneration determined by the Governor with the concurrence of
the Chief Magistrate and specified in the instrument of appointment may not be
reduced by subsequent determination.
(8) However, a Judicial Registrar (whether appointed on a full-time or
part-time basis) is, while performing the duties of the office on a part-time
basis, entitled to remuneration on a pro-rata basis in respect of the hours of
duty at the rate determined by the Governor under this section in relation to a
Judicial Registrar appointed on a full-time basis.
(9) For the purpose of determining whether a legal practitioner has the
standing necessary for appointment to the office of Judicial Registrar, periods
of legal practice within and outside the State will be taken into
account.
(10) A person
appointed as a Judicial Registrar is, on the recommendation of the
Attorney-General and with the concurrence of the Chief Magistrate, eligible for
reappointment at the expiration of a term of office.
7AB—Judicial Registrar ceasing to hold office and
suspension
(1) The Governor
may, on the recommendation of the Attorney-General, remove a Judicial Registrar
from office for—
(a) mental or physical incapacity to carry out official duties
satisfactorily; or
(b) neglect of duty; or
(c) dishonourable conduct.
(2) A Judicial Registrar ceases to hold office if the Judicial
Registrar—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Attorney-General; or
(d) ceases to satisfy any qualification by virtue of which the person was
eligible for appointment to the office of Judicial Registrar; or
(e) is removed from office under
subsection (1)
.
(3) The Attorney-General may only make a recommendation under
subsection (1)
with the concurrence of the Chief Magistrate.
(4) The Chief
Magistrate may, on the Chief Magistrate's own initiative or at the request of
the Attorney-General, suspend a Judicial Registrar from office if it appears
that there may be grounds for the removal of the Judicial Registrar from
office.
(5) If a Judicial Registrar is suspended under
subsection (4)
, the Judicial Registrar remains entitled to the Judicial Registrar's usual
remuneration and allowances during the period of suspension.
23—Insertion
of heading to Part 2 Division 2 Subdivision 3
Before section 7B insert:
Subdivision 3—Assessors
24—Amendment
of section 15—Exercise of procedural and administrative powers of
Court
Section 15—after "A" insert:
Judicial Registrar,
25—Amendment
of section 24—Issue of evidentiary summonses
Section 24—after paragraph (a) insert:
(ab) a Judicial Registrar; or
26—Amendment
of section 27—Mediation and conciliation
(1) Section 27(1)—after "Magistrate" insert:
or Judicial Registrar
(2) Section 27(2c)—before "or other judicial officer"
insert:
, Judicial Registrar
27—Amendment
of section 44—Immunities
Section 44(1)—after "Magistrate" insert:
, Judicial Registrar, special justice
28—Amendment
of section 45—Contempt in face of Court
Section 45(b)—after "Magistrate" insert:
Judicial Registrar,
29—Amendment
of section 49—Rules of Court
Section 49(1)(c)—after "Court" insert:
(including in its appellate jurisdiction)
Part 4—Amendment
of Oaths Act 1936
30—Amendment
of section 7—Oaths to be taken by judicial officers
(1) Section 7(1)(a)—delete "and Masters" and substitute:
, Masters and Judicial Registrars
(2) Section 7(1)(b)—delete "and Masters" and substitute:
, Masters and Judicial Registrars
(3) Section 7(1)(c)—delete paragraph (c) and substitute:
(c) Magistrates and Judicial Registrars of the Magistrates Court;
and
31—Amendment
of section 28—Commissioners for taking affidavits
Section 28(1)(ca)—before "Registrars" insert:
Judicial Registrars,
Part 5—Amendment
of Supreme Court
Act 1935
32—Amendment
of section 5—Interpretation
(1) Section 5(1)—after the definition of judgment
insert:
judicial registrar means a Supreme Court judicial
registrar;
(2) Section 5(1), definition of registrar—after "of
the court" insert:
, but does not include a judicial registrar
33—Amendment
of section 7—Judicial officers of the court
(1) Section 7(1)—delete "shall be constituted of the Chief Justice,
the puisne judges and the masters" and substitute:
is constituted of the Chief Justice, puisne judges, masters and judicial
registrars
(2) Section 7(2)—delete subsection (2) and substitute:
(2) Subject to this Act or any other Act, the judges, masters and judicial
registrars have the power, authority and jurisdiction conferred on them under
this Act or any other Act, and the rules of court made under this Act or any
other Act.
34—Insertion
of sections 13I and 13J
After section 13H insert:
13I—Appointment and conditions of judicial
registrars
(1) The Governor
may, on the recommendation of the Attorney-General and with the concurrence of
the Chief Justice, appoint a legal practitioner of at least 5 years
standing, to be a Supreme Court judicial registrar.
(2) The term of appointment (which must be for at least 7 years), the
remuneration and the conditions of service applicable to a person holding an
appointment under this section will be as determined by the Governor with the
concurrence of the Chief Justice, and specified in the instrument of
appointment.
(3) An appointment of a judicial registrar under this section will be
taken to be on a full-time basis unless the instrument of appointment provides
that the appointment is on a part-time basis.
(4) However, a
judicial registrar not appointed on a part-time basis may, by written agreement
with the Chief Justice made with the approval of the Attorney-General, perform
the duties of office on a part-time basis for a period specified in the
agreement.
(5) An instrument appointing a judicial registrar on a part-time basis or
an agreement under
subsection (4)
must specify the hours of duty the judicial registrar will ordinarily be
required to work, expressed as a proportion of the time a judicial registrar
appointed on a full-time basis is ordinarily required to work.
(6) The hours of duty specified in an instrument of appointment or an
agreement under
subsection (4)
may be varied by written agreement between the judicial registrar and the
Chief Justice made with the approval of the Attorney-General.
(7) The remuneration determined by the Governor with the concurrence of
the Chief Justice and specified in the instrument of appointment may not be
reduced by subsequent determination.
(8) However, a judicial registrar (whether appointed on a full-time or
part-time basis) is, while performing the duties of the office on a part-time
basis, entitled to remuneration on a pro-rata basis in respect of the hours of
duty at the rate determined by the Governor under this section in relation to a
judicial registrar appointed on a full-time basis.
(9) For the purpose of determining whether a legal practitioner has the
standing necessary for appointment to the office of judicial registrar, periods
of legal practice within and outside the State will be taken into
account.
(10) A person
appointed as a judicial registrar is, on the recommendation of the
Attorney-General and with the concurrence of the Chief Justice eligible for
reappointment at the expiration of a term of office.
13J—Judicial registrar ceasing to hold office and
suspension
(1) The Governor
may, on the recommendation of the Attorney-General, remove a judicial registrar
from office for—
(a) mental or physical incapacity to carry out official duties
satisfactorily; or
(b) neglect of duty; or
(c) dishonourable conduct.
(2) A judicial registrar ceases to hold office if the judicial
registrar—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Attorney-General; or
(d) ceases to satisfy any qualification by virtue of which the person was
eligible for appointment to the office of judicial registrar; or
(e) is removed from office under
subsection (1)
.
(3) The Attorney-General may only make a recommendation under
subsection (1)
with the concurrence of the Chief Justice.
(4) The Chief
Justice may, on the Chief Justice's own initiative or at the request of the
Attorney-General, suspend a judicial registrar from office if it appears that
there may be grounds for the removal of the judicial registrar from
office.
(5) If a judicial registrar is suspended under
subsection (4)
, the judicial registrar remains entitled to the judicial registrar's usual
remuneration and allowances during the period of suspension.
Section 14—delete the section and substitute:
14—Certain common interests do not
disqualify
A judge, master or judicial registrar of the court is not incapable of
acting in judicial office in any proceeding by reason of being 1 of several
ratepayers or taxpayers or 1 of any other class of persons liable in common with
others to contribute to or be benefited by a rate or tax which may be increased,
diminished or in any way affected by that proceeding.
36—Amendment
of section 48—Jurisdiction of Full Court, single judge, master,
etc
Section 48(2)(c)—after "master" insert:
or judicial registrar
After section 48 insert:
48A—Jurisdiction of judicial
registrar
(1) Subject to the regulations, judicial registrars may exercise the
jurisdiction of the court as assigned by the Chief Justice or the
rules.
(2) If the court is constituted of a judicial registrar in criminal
proceedings, the court—
(a) may not impose a sentence of imprisonment; and
(b) if of the opinion that the limitation on its powers imposed under this
subsection prevents it from imposing an appropriate sentence—may adjourn
the question of sentence for hearing and determination by a judge.
38—Amendment
of section 49—Questions of law reserved for Full
Court
Section 49(1)—delete "or a master" and substitute:
, master or judicial registrar"
39—Amendment
of section 50—Appeals
(1) Section 50(2)—after "master" insert:
or judicial registrar
(2) Section 50—after subsection (2) insert:
(2a) Subject to the rules, subsections (3) and (4)(a)(i) do not apply to
an appeal against a judgment of a judicial registrar.
40—Amendment
of section 65—Mediation and conciliation
(1) Section 65(1)—delete "or master" and substitute:
, master or judicial registrar
(2) Section 65(5)—delete "or master" and substitute:
, master or judicial registrar
41—Amendment
of section 72—Rules of court
(1) Section 72(1)(b)—delete paragraph (b) and substitute:
(b) regulating the practice and procedure of the court (including in its
appellate jurisdiction);
(2) Section 72(1)(f)—delete "a master" and substitute:
masters or judicial registrars
(3) Section 72(1)(g)—delete "master" and substitute:
masters or judicial registrars
Before section 111 insert:
110C—Immunities
(1) A master, judicial registrar, mediator or assessor has the same
privileges and immunities from civil liability as a judge.
(2) A non-judicial officer of the court incurs no civil or criminal
liability for an honest act or omission in carrying out or purportedly carrying
out official functions.
Part 6—Amendment
of Youth Court
Act 1993
43—Amendment
of section 3—Interpretation
(1) Section 3, definition of judicial office—after
"magistrate" insert:
, judicial registrar
(2) Section 3—after the definition of judicial office
insert:
judicial registrar means a Youth Court judicial
registrar;
44—Amendment
of section 9—Court's judiciary
Section 9(1)—after paragraph (b) insert:
(ba) the judicial registrars of the Court; and
45—Insertion
of sections 10A to 10C
After section 10 insert:
10A—Appointment and conditions of judicial
registrars
(1) The Governor
may, on the recommendation of the Attorney-General and with the concurrence of
the Judge of the Court, appoint a legal practitioner of at least 5 years
standing, to be a Youth Court judicial registrar.
(2) The term of appointment (which must be for at least 7 years), the
remuneration and the conditions of service applicable to a person holding an
appointment under this section will be as determined by the Governor with the
concurrence of the Judge of the Court, and specified in the instrument of
appointment.
(3) An appointment of a judicial registrar under this section will be
taken to be on a full-time basis unless the instrument of appointment provides
that the appointment is on a part-time basis.
(4) However, a
judicial registrar not appointed on a part-time basis may, by written agreement
with the Judge of the Court made with the approval of the Attorney-General,
perform the duties of office on a part-time basis for a period specified in the
agreement.
(5) An instrument appointing a judicial registrar on a part-time basis or
an agreement under
subsection (4)
must specify the hours of duty the judicial registrar will ordinarily be
required to work, expressed as a proportion of the time a judicial registrar
appointed on a full-time basis is ordinarily required to work.
(6) The hours of duty specified in an instrument of appointment or an
agreement under
subsection (4)
may be varied by written agreement between the judicial registrar and the
Judge of the Court made with the approval of the Attorney-General.
(7) The remuneration determined by the Governor with the concurrence of
the Judge of the Court and specified in the instrument of appointment may not be
reduced by subsequent determination.
(8) However, a judicial registrar (whether appointed on a full-time or
part-time basis) is, while performing the duties of the office on a part-time
basis, entitled to remuneration on a pro-rata basis in respect of the hours of
duty at the rate determined by the Governor under this section in relation to a
judicial registrar appointed on a full-time basis.
(9) For the purpose of determining whether a legal practitioner has the
standing necessary for appointment to the office of judicial registrar, periods
of legal practice within and outside the State will be taken into
account.
(10) A person
appointed as a judicial registrar is, on the recommendation of the
Attorney-General and with the concurrence of the Judge of the Court, eligible
for reappointment at the expiration of a term of office.
10B—Judicial registrar ceasing to hold office and
suspension
(1) The Governor
may, on the recommendation of the Attorney-General, remove a judicial registrar
from office for—
(a) mental or physical incapacity to carry out official duties
satisfactorily; or
(b) neglect of duty; or
(c) dishonourable conduct.
(2) A judicial registrar ceases to hold office if the judicial
registrar—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Attorney-General; or
(d) ceases to satisfy any qualification by virtue of which the person was
eligible for appointment to the office of judicial registrar; or
(e) is removed from office under
subsection (1)
.
(3) The Attorney-General may only make a recommendation under
subsection (1)
with the concurrence of the Judge of the Court.
(4) The Judge of
the Court may, on the Judge's own initiative or at the request of the
Attorney-General, suspend a judicial registrar from office if it appears that
there may be grounds for the removal of the judicial registrar from
office.
(5) If a judicial registrar is suspended under
subsection (4)
, the judicial registrar remains entitled to the judicial registrar's usual
remuneration and allowances during the period of suspension.
10C—Jurisdiction of judicial
registrar
Subject to the regulations, judicial registrars may exercise such
jurisdiction of the Court as assigned by the Judge of the Court or the
rules.
46—Amendment
of section 14—Constitution of Court
(1) Section 14(1)—delete "section" and substitute:
Act
(2) Section 14(1)—delete "or a magistrate" and substitute:
, magistrate or judicial registrar
(3) Section 14—after subsection (2) insert:
(2a) The Court, when constituted of a judicial registrar in criminal
proceedings, may not impose a sentence of detention.
(4) Section 14(3)—after "magistrate" insert:
or judicial registrar
(5) Section 14(5)—before "special justice" insert:
judicial registrar or
(6) Section 14(7)—after "A" insert:
judicial registrar,
47—Amendment
of section 22—Appeals
Section 22(2)(b)—after "magistrate" insert:
or judicial registrar
Section 26—delete the section and substitute:
26—Immunities
(1) The Judge of the Court, or a judicial registrar, special justice or
any other person exercising the jurisdiction of the Court has the same
privileges and immunities from civil liability as a Judge of the Supreme
Court.
(2) A non-judicial officer of the Court incurs no civil or criminal
liability for an honest act or omission in carrying out or purportedly carrying
out official functions.
49—Amendment
of section 27—Contempt of Court
Section 27(b)—delete "a Judge, Magistrate," and substitute:
the Judge of the Court or a magistrate, judicial registrar,