Courts Legislation Amendment Act 2002 (NSW)

An Act to amend various Acts to make further provision for the qualifications for appointment to judicial office and for acting judicial office appointments; and for other purposes.

1Name of Act

This Act is the Courts Legislation Amendment Act 2002.

2Commencement

This Act commences on the date of assent.

3Amendment of Acts

The Acts specified in the Schedules to this Act are amended as set out in those Schedules.

Schedule 1Supreme Court Act 1970 No 52

(Section 3)

[1]Section 26 Appointment and qualifications: Chief Justice and other Judges

Omit section 26 (2) and (3). Insert instead:

(2)

A person is qualified for appointment as Chief Justice or as a Judge if the person:

• (a)

  holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, or

• (b)

  is a legal practitioner of at least 7 years’ standing.

[2]Section 111 Appointment of masters and acting masters

Omit section 111 (3). Insert instead:

(3)

Each person so appointed is to be a person who:

• (a)

  holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, or

• (b)

  is a legal practitioner of at least 5 years’ standing.

Schedule 2Land and Environment Court Act 1979 No 204

(Section 3)

Omit section 8 (2) (a) and (b). Insert instead:

(a)

holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, or

Schedule 3District Court Act 1973 No 9

(Section 3)

Omit paragraphs (b), (c) and (d) of the definition of qualified person in section 13 (2).

Insert instead:

(b)

a person who holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory.

Schedule 4Compensation Court Act 1984 No 89

(Section 3)

Omit section 8 (2) (a). Insert instead:

(a)

holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, or

Schedule 5Industrial Relations Act 1996 No 17

(Section 3)

Omit section 149 (2) (a). Insert instead:

(a)

a person who holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, or

Schedule 6Government and Related Employees Appeal Tribunal Act 1980 No 39

(Section 3)

Omit section 7 (2) (a). Insert instead:

(a)

holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, or

Schedule 7Administrative Decisions Tribunal Act 1997 No 76

(Section 3)

Omit section 17 (2) (a). Insert instead:

(a)

a person who holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, or

Schedule 8Judicial Officers Act 1986 No 100

(Section 3)

[1]Section 43A

Insert after section 43:

43AJudicial office not affected by appointment to act in another judicial office(1)

The doctrine of incompatibility of office does not operate to prevent the holder of a judicial office (the original office) from being appointed to act in another judicial office, and does not operate to effect or require the surrender or vacation of the original office as a result of such an appointment.

(2)

This section applies:

• (a)

  whether or not an appeal lies from a decision of the court of the original office to the court of the acting appointment, and

• (b)

  whether or not the court of the acting appointment is a court of higher status than the court of the original office, and

• (c)

  even if the original office is an acting judicial office.

(3)

In this section:

court includes tribunal.

judicial office is not limited by the definition of judicial officer in this Act.

[2]Schedule 6 Savings and transitional provisions

Insert before clause 1:

[3]Schedule 6, clause 1 Regulations

Insert at the end of clause 1 (1):

Courts Legislation Amendment Act 2002, to the extent that it amends this Act

[4]Schedule 6

Insert before clause 2:

Judicial Officers Amendment Act 1998[5]Schedule 6

Insert after clause 2:

Part 3Provisions consequent on enactment of Courts Legislation Amendment Act 20023Application of amendments to existing appointments(1)

Section 43A (Judicial office not affected by appointment to act in another judicial office) extends to apply to an appointment made before the commencement of that section, and applies to such an appointment as if that section had been in force when the appointment was made.

(2)

An amendment made to a provision of an Act by the Courts Legislation Amendment Act 2002 extends to an appointment made or purporting to have been made under the provision before the commencement of the amendment, and applies to such an appointment as if the amendment had been in force when the appointment was made.