Courts Administration Act 1993 (SA)

South Australia

Courts Administration Act 1993

An Act to provide for the administration of courts.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Courts Administration Act 1993.

The objects of this Act are—

1. (a)

   to establish the State Courts Administration Council as an administrative authority independent of control by executive government;

2. (b)

   to confer on the Council power to provide courts with the administrative facilities and services necessary for the proper administration of justice.

In this Act, unless the contrary intention appears—

Administrator means the State Courts Administrator appointed under this Act;

Council means the State Courts Administration Council established under this Act;

parliamentary committee means a committee of either or both Houses of Parliament;

participating courts means—

1. (a)

   the Supreme Court; and

2. (b)

   the District Court; and

3. (ba)

   the Environment, Resources and Development Court; and

4. (c)

   the Youth Court of South Australia; and

5. (d)

   the Magistrates Court; and

6. (e)

   the Coroner's Court; and

7. (f)

   any other court or tribunal declared by regulation to be a participating court;

prescribed position means a position on the staff of the Council designated by regulation as a prescribed position;

senior staff of the Council means those members of the staff of the Council holding prescribed positions.

The Council, the Administrator and the other staff of the Council may be collectively referred to as the Courts Administration Authority.

1. (1)

   The State Courts Administration Council is established.

2. (2)

   The Council is a body corporate.

3. (3)

   The Council is an instrumentality of the Crown.

4. (4)

   A document apparently bearing the Council's common seal will, in the absence of evidence to the contrary, be taken to have been duly executed by the Council.

1. (1)

   The Council consists of—

   1. (a)

      the Chief Justice of the Supreme Court; and

   2. (b)

      the Chief Judge of the District Court; and

   3. (c)

      the Chief Magistrate of the Magistrates Court; and

   4. (d)

      the Judge of the Youth Court, appointed by the Governor in accordance with subsection (1a); and

   5. (e)

      the State Coroner, appointed by the Governor in accordance with subsection (1a); and

   6. (f)

      the Senior Judge of the Environment, Resources and Development Court, appointed by the Governor in accordance with subsection (1a); and

   7. (g)

      2 members appointed by the Governor with the concurrence of the members referred to in the preceding paragraphs (being persons with extensive experience in human resources management, finance or public administration).

2. (1a)

   A person appointed to an office referred to in subsection (1)(d), (e) or (f) may only be appointed as a member of the Council—

   1. (a)

      on the written request of the person; and

   2. (b)

      with the concurrence of the Chief Justice of the Supreme Court.

3. (1b)

   A person who is, or who was within the 2 years…