Acts Amendment (Judicial Appointments) Act 1982 (WA)
WESTERN AUSTRALIA.
ACTS AMENDMENT
(JUDICIAL APPOINTMENTS).
No. 7 of 1982.
AN ACT to amend the Supreme Court Act 1935- 1979, the Judges' Salaries and Pensions Act 1950-1979, the District Court of Western Australia Act 1969-1981, the Family Court Act 1975-1981 and the Stipendiary Magistrates Act 1957-1979.
[Assented to 6 May 1982.]
RE it enacted by the Queen's Most Excellent
Majesty, by and with the advice and consent
of the Legislative Council and the Legislative
Assembly of Western Australia, in this present
Parliament assembled, and by the authority of the
same, as follows:—
1. This Act may be cited as the Acts Amendment short title.
(Judicial Appointments) Act 1982.
| No. 7.] | Acts Amendment (Judicial | [1982. |
Appointments).
PART I-SUPREME COURT ACT 1935-1979.
Citation.
| Reprinted as | 2. (1) In this Part, the Supreme Court Act |
| approved 12 |
| May 1980. | 1935-1979 is referred to as the principal Act. |
| (2) The principal Act as amended by this Act may be cited as the Supreme Court Act 1935-1982. |
Section 4
amended. 3. Section 4 of the principal Act is amended by
inserting after the definition of "Cause" the follow-
ing definition-
" "Chief Justice" means the Chief Justice of Western Australia and includes a Judge appointed to act in the office of Chief Justice under section 10 (3). " .
Section 10
| repealed | 4. Section 10 of the principal Act is repealed and |
| and sub- |
| stituted. | the following section is substituted- |
| Vacancy of |
| office, | 10. (1) During any vacancy in the office the Chief Justice is absent on leave or in consequence of sickness, or for any reason is temporarily unable to perform the duties of his office, then where no Judge is specifically appointed by a commission issued under sub- section (3) of this section to act in the office of Chief Justice, all the duties and powers of the Chief Justice shall during such vacancy, absence, or inability devolve upon the senior Judge. |
| absence etc. | |
| of Chief | of Chief Justice, or when and so often as |
| Justice. |
In the case of the absence or inability of the Judge upon whom the powers and duties of the Chief Justice devolve under subsection (1) of this section, such powers and duties shall during such absence or inability devolve upon the Judge who is next in seniority.
(2)
(3) Where the office of Chief Justice is
vacant or the Chief Justice is, or is expected
to be, absent or for any reason unable to
| 1982.] | Acts Amendment (Judicial | [No. 7. |
Appointments).
perform the duties of his office, the Governor by commission under the great seal in Her Majesty's name may appoint a Judge to act in the office of Chief Justice for such period as the Governor thinks fit and specifies in the commission. " .
PART II—JUDGES' SALARIES AND PENSIONS
ACT 1950-1979.
5. (1) In this Part, the Judges' Salaries and RCletpartiincutle.d as
Pensions Act 1950-1979 is referred to as the principal Ilrgitr14
| Act. | 1978 and | |
| ||
| (2) The principal Act as amended by this Act may be cited as the Judges' Salaries and Pensions Act 1950-1982. | ||
| Section 5 |
| Section 5 of the principal Act is amended by inserting after subsection (1) the following subsection | amended. |
6.
(la) A Judge who is appointed to act in the office of Chief Justice under section 10 (3) of the Supreme Court Act 1935 shall be entitled, for so long as his commission remains in force, to be remunerated and to receive other allowances and reimbursements as if he had been appointed substantively to the office of Chief Justice under section 7 (1) (a) of the Supreme Court Act 1935. " .
PART III—DISTRICT COURT OF WESTERN AUSTRALIA
ACT 1969-1981.
Citation.
| (1) In this Part, the District Court of Western Australia Act 1969-1981 is referred to as the principal | Reprinted as | |
| approved 5 | ||
| September | ||
| Act. | 1980 and | |
| amended by | ||
| ||
| (2) The principal Act as amended by this Act may be cited as the District Court of Western |
7.
| Australia Act 1969-1982. |
| No. 7.] | Acts Amendment (Judicial | [1982. |
Appointments).
Section 6
| amended. | 8. |
Section 6 of the principal Act is amended in the definition of "the Chairman" by deleting "the acting Chairman of Judges" and substituting the following-
" a District Court Judge appointed to act in the office of Chairman of Judges under section 18 (2a) " .
Section 11
| amended. | 9. | Section 11 of the principal Act is amended in |
subsection (2) by inserting after "Governor" the
following-
" the oath or affirmation of allegiance
and " .
Section 12
| amended. | 10. | Section 12 of the principal Act is amended |
by inserting after subsection (3) the following
subsection
II (4) A District Court Judge who is
appointed to act in the office of Chairman under section 18 (2a) shall be entitled, for so long as his appointment to act as Chairman remains in force, to be remunerated and to receive other allowances and reimbursements as if he had been appointed substantively to the office of Chairman under section 10 (4). "
Section 18
| amended. | 11. | Section 18 of the principal Act is amended |
by repealing subsections (1) and (2) and
substituting the following subsections
It (1) Where the Chairman is absent from
duty or there is a vacancy in the office of Chairman, then where no District Court Judge is specifically appointed under subsection (2a) of this section to act in the office of Chairman, all the duties and powers of the Chairman shall during such absence or vacancy devolve upon the senior District Court Judge.
| 1982.] | Acts Amendment (Judicial | [No. 7. |
Appointments).
(2) In the absence or inability of the District Court Judge upon whom the powers and duties of the Chairman devolve under subsection (1) of this section, those powers and duties shall devolve during such absence or inability upon the District Court Judge who is next in seniority.
Where the Chairman is, or is expected to be, absent from duty or there is a vacancy in the office of Chairman, the Governor may appoint a District Court Judge to act in the office of Chairman of Judges for such period as the Governor thinks fit and specifies in the instrument of appointment.
(2a)
The Governor may at any time revoke
the appointment of a District Court Judge
to act as Chairman. " .
(2b)
PART IV-FAMILY COURT ACT 1975-1981.
Citation.
| 12. (1) In this Part, the Family Court Act 1975- | Reprinted as approved 17 |
| 1981 is referred to as the principal Act. | March 1980 and amended by Act No. 94 |
| (2) The principal Act as amended by this Act may | of 1981. |
be cited as the Family Court Act 1975-1982.
| 13. | Section 4 of the principal Act is amended by Section | amended. |
deleting the definition of "Chairman" and
substituting the following definition
IC
"Chairman" means the Chairman of Judges and includes a Judge appointed to act in the office of Chairman of Judges under section 11 (la); " .
Section 11
| 14. | Section 11 of the principal Act is amended | amended. |
by repealing subsection (1) and substituting the
following subsections
(1) Whenever
| (a) | the Chairman is absent from the State or from duty; or |
| No. 7.] | Acts Amendment (Judicial | [1982. |
Appointments).
| (b) | there is a vacancy in the office of Chairman, |
and no Judge is specifically appointed under subsection (la) to act in the office of Chairman for the period of such absence or vacancy, the next senior Judge who is in the State and is available and willing to do so shall perform the duties and may exercise the powers of the Chairman.
(la) Where the Chairman is, or is expected to be, absent from duty or there is a vacancy in the office of Chairman, the Governor may appoint a Judge to act in the office of Chairman of Judges for such period as the Governor thinks fit and specifies in the instrument of appointment. " .
Section 16
| amended. | 15. Section 16 of the principal Act is amended by inserting after subsection (2) the following subsection |
t <
(3) A Judge who is appointed to act in the office of Chairman under section 11 (la) shall be entitled, for so long as his appoint- ment to act as Chairman remains in force, to receive salary and allowances or reimburse- ments at the same rate as if he had been substantively appointed to the office of Chairman under section 9 (4). " .
PART V-STIPENDIARY MAGISTRATES ACT 1957-1979.
Citation.
| Reprinted as | 16. (1) In this Part, the Stipendiary Magistrates |
| approved 21 |
| January 1981. | Act 1957-1979 is referred to as the principal Act. |
| (2) The principal Act as amended by this Act may be cited as the Stipendiary Magistrates Act 1957-1982. |
| 1982.] | Acts Amendment (Judicial | [No. 7. |
Appointments).
Section 8
| 17. Section 8 of the principal Act is amended | amended. |
in subsection (4) by deleting "on oath" and
substituting the following-
" the oath or affirmation of allegiance and an oath " .
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