Courts and Other Justice Legislation Amendment Act 2018 (No 2) (ACT)

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Courts and Other Justice Legislation Amendment Act 2018 (No 2)

A2018-39

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2ACT Civil and Administrative Tribunal Act 2008

4            Term of appointmentSection 98 (3)  3

Part 3Court Procedures Act 2004

5            New sections 11BB to 11BD  4

6            Section 11C  5

7           New section 11E  6

Part 4Director of Public Prosecutions Act 1990

8            AppointmentSection 22 (5)  7

Part 5Magistrates Court Act 1930

9            Conditions of appointment of magistratesNew section 7C (2) and (3)  8

10          Term of appointment of magistratesSection 7D  8

11          New section 7D (3) to (5)  8

Part 6Supreme Court Act 1933

12          Seniority of judgesNew section 5 (3A)  10

13          Section 41  10

14          Extension of master’s term of appointmentSection 41A  10

Courts and Other Justice Legislation Amendment Act 2018 (No 2)

A2018-39

An Act to amend legislation about courts, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Courts and Other Justice Legislation Amendment Act 2018 (No 2).

  2. Commencement

    This Act commences on a day fixed by the Minister by written notice.

    Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

  3. Legislation amended

    This Act amends the following legislation:

    ·     ACT Civil and Administrative Tribunal Act 2008

    ·     Court Procedures Act 2004

    ·     Director of Public Prosecutions Act 1990

    ·     Magistrates Court Act 1930

    ·     Supreme Court Act 1933.

Part 2ACT Civil and Administrative Tribunal Act 2008

  1. Term of appointment
    Section 98 (3)

    substitute

    (3)However, a person must not be appointed as president under section 94 (1) (a), or as temporary president under section 94 (2) (a), for a term that extends beyond the date when the person turns 70 years old.

Part 3Court Procedures Act 2004

  1. New sections 11BB to 11BD

    insert

11BBLeave of absence

The Attorney-General may grant leave of absence to the principal registrar on the conditions about remuneration and otherwise that the Attorney-General decides.

11BCPrincipal registrar must not do other work

The principal registrar must not, without the Attorney-General’s consent, do either of the following:

(a)practise as a legal practitioner;

(b)have other paid employment.

11BDDisclosure of interests

The principal registrar must give written notice to the Attorney‑General of all direct or indirect financial interests that the principal registrar has or acquires—

(a)in a business, whether in the ACT or elsewhere; or

(b)in a corporation carrying on a business mentioned in paragraph (a).

  1. Section 11C

    substitute

11CEnding principal registrar’s appointment

(1)The Executive may end the appointment of a person as principal registrar for—

(a)misbehaviour; or

(b)physical or mental incapacity, if the incapacity substantially affects the exercise of the person’s functions; or

(c)failing to comply with section 11BC (Principal registrar must not do other work).

(2)The Executive must end the person’s appointment if the person—

(a)becomes bankrupt or personally insolvent; or

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

(b)is convicted, or found guilty, in the ACT of an offence punishable by imprisonment for at least 1 year; or

NoteFound guilty—see the Legislation Act, dictionary, pt 1.

(c)is convicted, or found guilty, outside the ACT of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

(d)is absent, other than on leave granted under section 11BB, for 14 consecutive days or for 28 days in any 12‑month period; or

(e)fails, without reasonable excuse, to comply with the person’s obligations under section 11BD.

NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

  1. New section 11E

    in part 2A, insert

11EConsultants

(1)The principal registrar may, on behalf of the Territory, engage consultants to, or to perform services for, the principal registrar.

(2)Consultants must be engaged on written terms and conditions decided by the principal registrar that are approved by the Attorney‑General.

(3)However, the principal registrar must not enter into a contract of employment under this section.

Part 4Director of Public Prosecutions Act 1990

  1. Appointment
    Section 22 (5)

    omit

    65 years

    substitute

    70 years

Part 5Magistrates Court Act 1930

  1. Conditions of appointment of magistrates
    New section 7C (2) and (3)

    insert

    (2)A person’s appointment as a magistrate is taken to be on a full-time basis unless the instrument of appointment states that the appointment is on a part-time basis.

    (3)A magistrate may, by written agreement with the Chief Magistrate, and with the approval of the Attorney-General—

    (a)if the magistrate is appointed on a full-time basis—arrange to work on a part-time basis; or

    (b)if the magistrate is appointed on a part-time basis—arrange to work on a full-time basis.

  2. Term of appointment of magistrates
    Section 7D

    omit

    65 years

    substitute

    70 years

  3. New section 7D (3) to (5)

    insert

    (3)Subsection (1) applies to an appointment whether made before, on or after the commencement day.

    (4)Subsection (3), this subsection and subsection (5) expire 12 months after the commencement day.

    (5)In this section:

    commencement day means the day the Courts and Other Justice Legislation Amendment Act 2018 (No 2), part 5 commences.

Part 6Supreme Court Act 1933

  1. Seniority of judges
    New section 5 (3A)

    insert

    (3A)The resident judges, additional judges and acting judges are senior to the associate judge.

  2. Section 41

    substitute

  3. Term of appointment of master

    The master is appointed for the term ending when the master turns 70 years old.

  4. Extension of master’s term of appointment
    Section 41A

    omit

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 2 August 2018.

  2. Notification

    Notified under the Legislation Act on 27 September 2018.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Courts and Other Justice Legislation Amendment Bill 2018 (No 2), which was passed by the Legislative Assembly on 20 September 2018.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2018

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