Western Australian Repealed Acts

This legislation has been repealed.

STIPENDIARY MAGISTRATES ACT 1957 - SECT 5

5 .         Tenure of office

        (1)         Subject to this Act, all stipendiary magistrates shall hold their offices during good behaviour.

        (2)         The Governor may remove any stipendiary magistrate from office upon the address of both Houses of Parliament made at any time.

        (3)             (a)         The Governor may suspend any stipendiary magistrate on any allegation of misbehaviour made by the Attorney General, and in such a case the Attorney General shall report the allegation and suspension to the Chief Justice of Western Australia; and if the magistrate does not, in writing, admit the truth of the allegation made against him, the Chief Justice or a Judge nominated by the Chief Justice shall, in such manner as he shall think fit or as may be prescribed by Rules of Court, inquire into the truth of the allegation, and shall then report to the Governor his opinion thereon and his recommendation in regard to the case.

            (b)         On the recommendation of the Chief Justice or, where a Judge is nominated by the Chief Justice, then on the recommendation of that Judge, the Governor may confirm the suspension upon such terms as to salary since the date of suspension as may be recommended, and, if so recommended as aforesaid, may continue the suspension upon such terms as to future salary as the Governor thinks fit pending consideration of the removal of the magistrate under subsection (2).

        (4)         Where the Attorney General is of opinion that a stipendiary magistrate is physically or mentally unfit to discharge efficiently the duties of his office, the Attorney General may relieve him of his duties and constitute a medical board consisting of 3 qualified medical practitioners who, in such manner as the board shall think fit or as may be prescribed, shall inquire whether or not the magistrate is so unfit and shall report thereon to the Attorney General. On the recommendation of the board, the Governor may reinstate the magistrate or may retire him from office. A retirement under this subsection shall be deemed to be a retirement through invalidity or physical or mental incapacity for the purposes of the Superannuation and Family Benefits Act 1938 ^1a . Whilst relieved of his duties under this subsection, the magistrate shall not act as a magistrate or as a justice but shall be entitled to salary in full.

        [Section 5 amended by No. 5 of 1965 s.2; No. 15 of 1979 s.5.]