Acts Amendment (Auxiliary Judges) Act 1997 (WA)
WESTERN AUSTRALIA
ACTS AMENDMENT (AUXILIARY
JUDGES) ACT 1997
No. 23 of 1997
AN ACT to amend the District Court of Western Australia Act 1969, the Interpretation Act 1984, the Judges’ Retirement Act 1937, the Judges’ Salaries and Pensions Act 1950, the Juries Act 1957, the Prisons Act 1981, the Restraint of Debtors Act 1984, the Salaries and Allowances Act 1975 and the Supreme Court Act 1935 in order to enable the appointment of auxiliary Judges of the Supreme Court and auxiliary Judges of the District Court of Western Australia.
[Assented to 18 September 1997]
The Parliament of Western Australia enacts as follows:
| No. 23] | Acts Amendment (Auxiliary Judges) |
| s. 1 | Act 1997 |
PART 1 — PRELIMINARY
Short title
1. This Act may be cited as the Acts Amendment (Auxiliary
Judges) Act 1997.
Commencement
2. This Act comes into operation on the day on which it
receives the Royal Assent.
| Acts Amendment (Auxiliary Judges) | [No. 23 |
| Act 1997 | s. 3 |
PART 2 — AMENDMENTS TO DISTRICT COURT OF
WESTERN AUSTRALIA ACT 1969
Principal Act
3. In this Part, the District Court of Western Australia
Act 1969* is referred to as the principal Act.
[* Reprinted as at 20 February 1996.
For subsequent amendments, see 1996 Index to
Legislation of Western Australia, Table 1, pp. 65-6.]
Section 6 amended
4. Section 6 of the principal Act is amended —
|
‘‘
‘‘auxiliary District Court Judge’’ means an auxiliary District Court Judge appointed under section 18A (1);
’’;
and
| (b) | in the definition of ‘‘District Court Judge’’ by deleting ‘‘or acting Judge of the Court’’ and substituting the following — |
‘‘
, acting Judge of the Court or auxiliary District
Court Judge
’’.
| No. 23] | Acts Amendment (Auxiliary Judges) |
| s. 5 | Act 1997 |
Section 11 amended
5. Section 11 (2) of the principal Act is amended by deleting ‘‘or an acting District Court Judge’’ and substituting the following —
‘‘
, acting District Court Judge or auxiliary District Court
Judge
’’.
Section 12 amended
6. (1) Section 12 (1) of the principal Act is amended by
deleting ‘‘subsection (3)’’ and substituting the following —
‘‘ subsections (3) and (3a), ’’.
Section 12 of the principal Act is amended by inserting after subsection (3) the following subsection —
(2)
‘‘
There shall be paid out of the Consolidated Fund by way of salary, without further appropriation than this Act, to an auxiliary District Court Judge who is receiving a non-contributory pension under the Judges’ Salaries and Pensions Act 1950 or any other Act, or under a law of the Commonwealth or of another State or a Territory, the difference between that pension and the salary payable under subsection (1) (b) to an auxiliary District Court Judge, in lieu of the full amount of that salary.
(3a)
’’.
Section 18 amended
7. Section 18 (3) of the principal Act is amended —
|
| Acts Amendment (Auxiliary Judges) | [No. 23 |
| Act 1997 | s. 8 |
| (b) | by inserting after paragraph (a) the following — ‘‘ |
(aa) there is a vacancy in the office of a District Court Judge, the Governor may appoint a person qualified to be appointed a District Court Judge to act as a District Court Judge until the filling of that vacancy or until that person completes the trial or hearing of any cause or matter that he or she had entered upon and not completed before the filling of that vacancy, whichever is the later; or
’’.
Section 18A inserted
8. Division 2 of Part II of the principal Act is amended by
inserting after section 18 the following section —
‘‘
Auxiliary appointments
18A. (1) When for any reason the conduct of the business of the Court requires, in the opinion of the Governor, the appointment of an auxiliary District Court Judge, the Governor may by commission in Her Majesty’s name appoint a person —
| (a) | who would, but for the fact that he or she has attained the age referred to in section 3 of the Judges’ Retirement Act 1937, be qualified to be appointed a District Court Judge; or |
| (b) | who is a retired Judge of the Supreme Court or a retired District Court Judge but has not yet attained that age, |
to be an auxiliary District Court Judge for such period not
exceeding 12 months as is specified in that commission.
| No. 23] | Acts Amendment (Auxiliary Judges) |
| s. 8 | Act 1997 |
(2) The appointment of an auxiliary District Court Judge under subsection (1) authorizes him or her to complete the hearing and determination of any proceedings that may be pending before him or her at the expiry of —
| (a) | the period of his or her appointment; or |
| (b) | anyperiodofextensionreferredtoin subsection (3), |
so that he or she holds an appointment as an auxiliary District Court Judge during any further period while he or she is completing that hearing and determination.
An appointment made under subsection (1) may be extended by the Governor by commission in Her Majesty’s name for a further period or periods, but that appointment can only be extended on any one occasion for such period not exceeding 12 months as is specified in the relevant commission.
(3)
(4) A person appointed to be an auxiliary District
Court Judge under subsection (1) —
| (a) | has the same powers and may exercise the same jurisdiction as a District Court Judge; and |
| (b) | isliabletoberemovedfromofficewhileso appointed in the same manner and upon the same grounds as a District Court Judge is liable to be removed from office. |
(5) In subsection (1) (b), the reference to a retired Judge of the Supreme Court or a retired District Court Judge includes a reference to a person who has resigned from his or her office as —
| (a) | a Judge of the Supreme Court; or |
| (b) | a District Court Judge. |
’’.
| Acts Amendment (Auxiliary Judges) | [No. 23 |
| Act 1997 | s. 9 |
PART 3 — AMENDMENTS TO INTERPRETATION
ACT 1984
Section 5 amended
9. Section 5 of the Interpretation Act 1984* is amended in the definition of —
| (a) | ‘‘District Court Judge’’ by deleting ‘‘or acting Judge of the District Court’’ and substituting the following — |
‘‘
, acting Judge or auxiliary Judge of the District
Court
’’;
and
| (b) | ‘‘Judge’’ by deleting ‘‘or acting Judge of the Supreme Court’’ and substituting the following — |
‘‘
, acting Judge or auxiliary Judge of the Supreme
Court
’’.
[* Reprinted as at 15 March 1996.
For subsequent amendments, see 1996 Index to
Legislation of Western Australia, Table 1, p. 112.]
| No. 23] | Acts Amendment (Auxiliary Judges) |
| s. 10 | Act 1997 |
PART 4 — AMENDMENTS TO JUDGES’ RETIREMENT
ACT 1937
Principal Act
10. In this Part, the Judges’ Retirement Act 1937* is referred to as the principal Act.
[* Reprinted as at 19 January 1989.]
Section 2 amended
11. Section 2 of the principal Act is amended in paragraph (c)
of the definition of ‘‘Judge’’ by inserting after ‘‘Acting Judge’’ the
following —
‘‘ or Auxiliary Judge ’’.
Section 3 amended
12. Section 3 of the principal Act is amended by deleting ‘‘Supreme Court Act 1935, every Judge’’ and substituting the following —
‘‘
Supreme Court Act 1935, but subject to —
| (a) | section 11AA of the latter Act; or |
| (b) | sections16and18AoftheDistrictCourtof Western Australia Act 1969, |
as the case requires, every Judge
’’.
| Acts Amendment (Auxiliary Judges) | [No. 23 |
| Act 1997 | s. 13 |
PART 5 — AMENDMENTS TO JUDGES’ SALARIES AND
PENSIONS ACT 1950
Principal Act
13. In this Part, the Judges’ Salaries and Pensions Act 1950* is referred to as the principal Act.
[* Reprinted as at 3 March 1994.
For subsequent amendments, see 1996 Index to
Legislation of Western Australia, Table 1, pp. 116-7.]
Section 5 amended
14. (1) Section 5 (1) of the principal Act is amended by inserting after ‘‘Salaries and Allowances Act 1975’’ the following —
‘‘ and to subsection (1b) ’’.
Section 5 of the principal Act is amended by inserting
after subsection (1a) the following subsection —
‘‘
(2)
(1b) The rate of the annual salary payable to a
person —
| (a) | who is an auxiliary Judge; and |
| (b) | whoisreceivinganon-contributorypension under this Act or any other Act, or under a law of the Commonwealth or of another State or a Territory, |
shall be the difference between the rate of that pension and the rate of the annual salary payable under subsection (1) (c) to that person, in lieu of the full amount of that rate of salary.
’’.
| No. 23] | Acts Amendment (Auxiliary Judges) |
| s. 15 | Act 1997 |
Section 6 amended
15. Section 6 of the principal Act is amended —
|
‘‘ Subject to subsection (3a), if a person ’’; and
| (b) | byinsertingaftersubsection(3)thefollowing subsections — |
‘‘
(3a) If a person entitled to receive, or in receipt of, a pension under this Act holds the office of auxiliary Judge, then, while that person holds that office, subsection (3) does not apply to or in relation to that person in respect of that office.
Service as an auxiliary Judge does not
constitute service as a Judge for the purposes of
this section.
(3b)
| (3c) | In subsections (3a) and (3b) — |
‘‘auxiliary Judge’’ means auxiliary Judge referred to in section 11AA of the Supreme Court Act 1935.
’’.
| Acts Amendment (Auxiliary Judges) | [No. 23 |
| Act 1997 | s. 16 |
PART 6 — AMENDMENTS TO JURIES ACT 1957
Section 3 amended
16. Section 3 of the Juries Act 1957* is amended in the definition of ‘‘Judge’’ by deleting ‘‘or acting Judge’’ wherever it occurs and substituting in each place the following —
‘‘ , acting Judge or auxiliary Judge ’’.
[* Reprinted as at 2 December 1987.
For subsequent amendments, see 1996 Index to Legislation of Western Australia, Table 1, pp. 117-8, and Act No. 2 of 1996.]
| No. 23] | Acts Amendment (Auxiliary Judges) |
| s. 17 | Act 1997 |
PART 7 — AMENDMENTS TO PRISONS ACT 1981
Section 3 amended
17. Section 3 of the Prisons Act 1981* is amended —
|
| ‘‘ | , an acting Judge or an auxiliary Judge | ’’; and |
| (b) | in the definition of ‘‘Judge of the Supreme Court’’ by inserting after ‘‘acting Judge’’ the following — |
‘‘ or auxiliary Judge ’’.
[* Reprinted as at 21 November 1996.
For subsequent amendments, see 1996 Index to Legislation of Western Australia, Table 1, pp. 183-4, and Act No. 2 of 1996.]
| Acts Amendment (Auxiliary Judges) | [No. 23 |
| Act 1997 | s. 18 |
PART 8 — AMENDMENTS TO RESTRAINT OF DEBTORS
ACT 1984
Section 3 amended
18. Section 3 (1) of the Restraint of Debtors Act 1984* is
amended in the definition of ‘‘judicial officer’’ —
| (a) | by inserting after ‘‘acting Judge,’’ in paragraph (a) the following — |
‘‘ auxiliary Judge, ’’; and
| (b) | bydeleting‘‘oractingJudge’’inparagraph(b)and substituting the following — |
‘‘ , acting Judge or auxiliary Judge ’’.
[* Act No. 73 of 1984.]
| No. 23] | Acts Amendment (Auxiliary Judges) |
| s. 19 | Act 1997 |
PART 9 — AMENDMENTS TO SALARIES AND
ALLOWANCES ACT 1975
Section 7 amended
19. Section 7 (1) of the Salaries and Allowances Act 1975* is
amended by deleting ‘‘The Tribunal’’ and substituting the
following —
‘‘
Subject to section 5 (1b) of the Judges’ Salaries and Pensions Act 1950 and section 12 (3a) of the District Court of Western Australia Act 1969, the Tribunal
’’.
[* Reprinted as at 26 April 1994.
For subsequent amendments, see 1996 Index to
Legislation of Western Australia, Table 1, p. 204.]
| Acts Amendment (Auxiliary Judges) | [No. 23 |
| Act 1997 | s. 20 |
PART 10 — AMENDMENTS TO SUPREME COURT
ACT 1935
Principal Act
20. In this Part, the Supreme Court Act 1935* is referred to as the principal Act.
[* Reprinted as at 23 November 1995.
For subsequent amendments, see 1996 Index to
Legislation of Western Australia, Table 1, pp 223-4.]
Section 11 amended
21. Section 11 of the principal Act is amended by repealing
subsection (2) and substituting the following subsection —
‘‘
When for any reason the conduct of the business of the Court requires, in the opinion of the Governor, the appointment of an acting Judge or there is a vacancy in the office of a Judge (other than that of the Chief Justice), the Governor by commission under the Public Seal of the State may appoint a person, who is qualified to be appointed a Judge or an acting Judge, to be an acting Judge until the expiry of the period of that appointment or until the filling of that vacancy, as the case requires, and the appointment of the acting Judge authorizes him or her to complete the hearing and determination of any proceedings that may be pending before him or her at that expiry or filling so that he or she holds an appointment as an acting Judge during any further period while he or she is completing that hearing and determination.
(2)
’’.
| No. 23] | Acts Amendment (Auxiliary Judges) |
| s. 22 | Act 1997 |
Section 11AA inserted
22. After section 11 of the principal Act, the following section is
inserted —
‘‘
Auxiliary Judges
11AA. (1) When for any reason the conduct of the business of the Court requires, in the opinion of the Governor, the appointment of an auxiliary Judge, the Governor may by commission under the Public Seal of the State appoint a person —
| (a) | who would, but for the fact that he or she has attained the age referred to in section 3 of the Judges’ Retirement Act 1937, be qualified to be appointed a Judge or an acting Judge; or |
| (b) | who is a retired Judge or a retired District Court Judge but has not yet attained that age, |
to be an auxiliary Judge for such period not exceeding
12 months as is specified in that commission.
(2) The appointment of an auxiliary Judge under subsection (1) authorizes him or her to complete the hearing and determination of any proceedings that may be pending before him or her at the expiry of —
| (a) | the period of his or her appointment; or |
| (b) | anyperiodofextensionreferredtoin subsection (3), |
so that he or she holds an appointment as an auxiliary Judge during any further period while he or she is completing that hearing and determination.
An appointment made under subsection (1) may be extended by the Governor by commission under the Public Seal of the State for a further period or periods, but that appointment can only be extended on any one occasion for
(3)
| Acts Amendment (Auxiliary Judges) | [No. 23 |
| Act 1997 | s. 23 |
such period not exceeding 12 months as is specified in the
relevant commission.
| (4) | A person appointed to be an auxiliary Judge under |
subsection (1) —
| (a) | has the same powers and may exercise the same jurisdiction as a Judge; |
| (b) | shall, when he or she enters on the execution of his or her office, take the oath of allegiance and the judicial oath prescribed in the Second Schedule in the presence of the Governor; and |
| (c) | isliabletoberemovedfromofficeinsuch manner and upon the same grounds as a Judge is liable to be removed from office. |
(5) In subsection (1) (b), the reference to a retired Judge or a retired District Court Judge includes a reference to a person who has resigned from his or her office as —
| (a) | a Judge; or |
| (b) | a District Court Judge. |
’’.
Section 11D amended
23. Section 11D (1) of the principal Act is amended —
|
‘‘
at least one of those persons is temporarily
unable to perform the duties of his office
’’;
and
| No. 23] | Acts Amendment (Auxiliary Judges) |
| s. 23 | Act 1997 |
| (b) | by deleting ‘‘and are exercisable’’ and substituting the following — |
‘‘ , but are not exercisable ’’.
By Authority: JOHN A. STRIJK, Government Printer
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