Local Courts Amendment (Part-time Magistrates) Act 1999 (NSW)
An Act to amend the Local Courts Act 1982 to provide for the office of Magistrate to be held on a part-time basis; to amend certain Acts consequentially; and for other purposes.
This Act is the Local Courts Amendment (Part-time Magistrates) Act 1999.
This Act commences on a day or days to be appointed by proclamation.
The Local Courts Act 1982 is amended as set out in Schedule 1.
Each Act specified in Schedule 2 is amended as set out in that Schedule.
(Section 3)
Insert in alphabetical order in section 4 (1):
(a) appointed to hold the office of Magistrate on a part-time basis, or
(b) exercising the functions of the office of Magistrate on a part-time basis, as provided by an agreement referred to in section 12A, or
(c) who, in accordance with section 8 of the Liquor Act 1982, becomes a Magistrate on becoming a licensing magistrate and who holds office as a licensing magistrate on a part-time basis under section 8 (6) (b) of that Act.
Insert after section 12 (4):
A person’s appointment as a Magistrate is taken to be an appointment on a full-time basis unless the appointment is expressed, in the commission by which the person was appointed, to be on a part-time basis.
Insert after section 12:
A Magistrate, although not appointed on a part-time basis, may, by agreement in writing entered into with the Chief Magistrate, exercise the functions of the office of Magistrate on a part-time basis.
Omit the sections.
Insert at the end of section 22:
This section extends to the terms and conditions to be included in any agreement referred to in section 12A.
Omit section 23 (3) and (4). Insert instead:
A Magistrate may not, however, practise as a barrister or solicitor for fee, gain or reward, and no approval under subsection (2) may be granted to permit it.
Subsection (1) does not prevent a person from holding office as and exercising the functions of a Magistrate on a part-time basis, but such a person must not, while so holding office:
(a) accept or continue to hold or discharge the duties of or be employed in any paid office in connection with any commercial business, or
(b) engage in or undertake any such business, whether as principal or agent, or
(c) engage in or continue in the private practice of any profession, occupation or trade, or enter into any employment, whether remunerated or not, with any person so engaged.
To the extent specified in the commission by which the Magistrate was appointed, subsections (1) and (3) do not apply to a Magistrate who has limited tenure.
Insert at the end of clause 8 (1):
Local Courts Amendment (Part-time Magistrates) Act 1999
Insert after clause 9 of Schedule 1:
Until a relevant determination is made and takes effect under the Statutory and Other Offices Remuneration Act 1975, a part-time Magistrate is entitled to be paid in accordance with the determination in force for the time being for Magistrates, but on a pro rata basis (according to time spent in service), as calculated by the Minister.
(Section 4)
Children’s Court Act 1987 No 53Insert after clause 2:
A person holding office as Children’s Magistrate is taken to hold the office on either a full-time or part-time basis, according to whether the person holds the office of Magistrate on a full-time or part-time basis under the Local Courts Act 1982.
Insert after Schedule 1:
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
• Local Courts Amendment (Part-time Magistrates) Act 1999
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Until a relevant determination is made and takes effect under the Statutory and Other Offices Remuneration Act 1975, a Children’s Magistrate holding office on a part-time basis is entitled to be paid in accordance with the determination in force for the time being for Children’s Magistrates, but on a pro rata basis (according to time spent in service), as calculated by the Attorney General.
Insert after section 5 (2):
A person holding office as coroner is taken to hold the office on either a full-time or part-time basis, according to whether the person holds the office of Magistrate on a full-time or part-time basis under the Local Courts Act 1982.
Insert after clause 8:
Until a relevant determination is made and takes effect under the Statutory and Other Offices Remuneration Act 1975, a coroner holding office on a part-time basis is entitled to be paid in accordance with the determination in force for the time being for coroners, but on a pro rata basis (according to time spent in service), as calculated by the Attorney General.
Insert after section 381 (4):
A person holding office as Industrial Magistrate is taken to hold the office on either a full-time or part-time basis, according to whether the person holds the office of Magistrate on a full-time or part-time basis under the Local Courts Act 1982.
Insert at the end of clause 2 (1):
Local Courts Amendment (Part-time Magistrates) Act 1999
Insert at the end of clause 39:
Until a relevant determination is made and takes effect under the Statutory and Other Offices Remuneration Act 1975, an Industrial Magistrate holding office on a part-time basis is entitled to be paid in accordance with the determination in force for the time being for Industrial Magistrates, but on a pro rata basis (according to time spent in service), as calculated by the Attorney General.
Insert after section 8 (5):
A person holding office as licensing magistrate is taken to hold the office on a part-time basis:
(a) if, immediately before being appointed to the office, the person was a part-time Magistrate within the meaning of the Local Courts Act 1982, or
(b) if the person became a Magistrate by virtue of being appointed to the office and:
(i) the person’s appointment as a licensing magistrate is expressed, in the instrument by which the person is appointed, to be on a part-time basis, or
(ii) although not appointed on a part-time basis, the person, by agreement in writing entered into with the Chief Magistrate, exercises the functions of the office of licensing magistrate on a part-time basis.
Insert at the end of clause 1 (1):
Local Courts Amendment (Part-time Magistrates) Act 1999
Insert in Schedule 1 (with appropriate Part and clause number):
Until a relevant determination is made and takes effect under the Statutory and Other Offices Remuneration Act 1975, a licensing magistrate holding office on a part-time basis is entitled to be paid in accordance with the determination in force for the time being for licensing magistrates, but on a pro rata basis (according to time spent in service), as calculated by the Attorney General.
Insert after section 293 (3):
A person holding office as warden is taken to hold the office on either a full-time or part-time basis, according to whether the person holds the office of Magistrate on a full-time or part-time basis under the Local Courts Act 1982.
Insert at the end of clause 1 (1):
Local Courts Amendment (Part-time Magistrates) Act 1999
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