Judicial Commissions Act 1994 (ACT)

This decision concerns the Judicial Commissions Act 1994 (ACT) and its amendment by the Courts Legislation Amendment Act 2018 (A2018-9). The court was required to determine the effect of the amendment, specifically the addition of section 5(1) to the Act, which mandates the appointment of a member by the Executive who is a legal practitioner jointly nominated by the council of the law society and the council of the bar association. The legal issue was whether this amendment was valid and whether it could be applied retroactively to the establishment of the judicial council under the original Act. The court held that the amendment was valid and could be applied retroactively. The reasoning was based on the principle that legislative amendments are generally applicable to existing and future situations unless explicitly stated otherwise. Since the amendment did not include any such limitations, it was deemed to apply to the existing judicial council established under the original Act.

The final orders of the court included a declaration that the amendment to the Judicial Commissions Act 1994 was valid and applicable retroactively, meaning that the newly appointed member under section 5(1) was validly appointed even if the appointment occurred before the amendment came into effect. This ruling ensured that the judicial council could continue to function with the required membership as per the amended Act.