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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 49
As laid on the table and read a first time,
Magistrates
(Part-time Magistrates) Amendment Bill 2006
A Bill For
An Act to amend the Magistrates Act 1983.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Magistrates
Act 1983
4 Amendment of section 3—Interpretation
5 Amendment of section 5—Appointment
of magistrates
6 Amendment of section 13—Remuneration
of magistrates
7 Amendment of section 15—Recreation leave
8 Amendment of section 16—Sick leave
9 Amendment of section 18A—Concurrent
appointments and outside employment etc
Schedule 1—Transitional provision
1 Transitional
provision
The Parliament of
This Act may be cited as the Magistrates (Part-time
Magistrates) Amendment Act 2006.
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 Magistrates Act 1983
4—Amendment of section 3—Interpretation
Section 3—after the definition of the
Chief Magistrate insert:
part-time magistrate means—
(a) a magistrate appointed on a part-time basis; or
(b) a magistrate who performs the duties of his or her office on
a part-time basis pursuant to an agreement under section 5;
5—Amendment of section 5—Appointment of magistrates
(1) Section 5—after subsection (2) insert:
(2a) An appointment of a magistrate 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.
(2b) However,
a magistrate 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 his or her office on a part-time basis for a period specified in
the agreement.
(2c) An
instrument appointing a magistrate on a part-time basis or an agreement under
subsection (2b) must specify the hours of duty the magistrate will
ordinarily be required to work, expressed as a proportion of the time a
magistrate appointed on a full-time basis is ordinarily required to work.
(2d) The hours of duty specified in an instrument of appointment
or an agreement under subsection (2b) may be varied by written agreement
between the magistrate and the Chief Magistrate made with the approval of the
Attorney-General.
(2) Section 5(4)—delete subsection (4) and
substitute:
(4) The Attorney-General must, before making a
recommendation for the appointment of a magistrate, consult with—
(a) the Chief Justice; and
(b) if the appointment is to be on a part-time basis—the Chief
Magistrate,
in relation to the proposed appointment.
(3) Section 5—after subsection (6) insert:
(7) An
instrument of appointment of a magistrate may contain a condition requiring the
duties of the magistrate to be performed wholly or predominantly at one or more
specified places in accordance with such directions as the Chief Magistrate may
give to the magistrate under section 8.
(8) The
Governor may, on the recommendation of the Attorney-General made with the
concurrence of the Chief Magistrate, vary a condition of an appointment of a
magistrate imposed under subsection (7).
(9) A
magistrate whose appointment is varied under subsection (8) must be
notified in writing of the variation.
6—Amendment of section 13—Remuneration of magistrates
Section 13—after
subsection (1a) insert:
(1b) A
stipendiary magistrate (whether appointed on a full-time or part-time basis)
is, while performing the duties of his or her office on a part-time basis,
entitled to remuneration on a pro-rata basis in respect of his or her hours of
duty at the rate determined by the Remuneration Tribunal under this section in
relation to a stipendiary magistrate appointed on a full-time basis.
7—Amendment of section 15—Recreation leave
(1) Section 15(1)—delete "A" and
substitute:
Subject to this section, a
(2) Section 15—after subsection (2) insert:
(2a) A part-time stipendiary magistrate is entitled to pro-rata
recreation leave in respect of his or her hours of duty.
8—Amendment of section 16—Sick leave
(1) Section 16(1)—delete "A" and
substitute:
Subject to this section, a
(2) Section 16—after subsection (2) insert
(2a) A part-time stipendiary magistrate is entitled to pro-rata
sick leave in respect of his or her hours of duty.
9—Amendment of section 18A—Concurrent appointments and outside employment etc
Section 18A—after
subsection (3) insert:
(4) A part-time magistrate must not—
(a) practise the profession of the law for fee or reward; or
(b) without the written approval of the Chief Justice given with
the concurrence of the Chief Magistrate—
(i) practise any other
profession for remuneration; or
(ii) carry on any trade or business; or
(iii) hold any paid office in connection with a business; or
(iv) engage in any form of work for remuneration.
(5) The
Chief Justice may, after consultation with the Chief Magistrate, vary or revoke
an approval under subsection (4) at any time.
(6) The
Chief Justice must notify the Attorney-General of an approval or variation or
revocation of an approval given under this section.
(7) Subsection (4)
does not apply to an acting magistrate to the extent specified in the
magistrate's instrument of appointment.
Schedule 1—Transitional provision
The amendments made to section 18A of the Magistrates Act 1983 by this Act apply in relation to magistrates whether appointed before or after the commencement of this Act.