Magistrates Act 1983 (SA)

South Australia

Magistrates Act 1983

An Act to provide for the appointment of magistrates; to provide for the organisation and regulation of the magistracy; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Magistrates Act 1983.

In this Act, unless the contrary intention appears—

the Chief Justice means the Chief Justice of the Supreme Court and includes an acting Chief Justice of the Supreme Court;

the Chief Magistrate means the person holding or acting in the office of the Chief Magistrate under this Act;

magistrate means a magistrate remunerated by salary in respect of his or her magisterial office;

part-time magistrate means—

1. (a)

   a magistrate appointed on a part-time basis; or

2. (b)

   a magistrate who performs the duties of his or her office on a part-time basis pursuant to an agreement under section 5;

working day for a magistrate means a day on which the magistrate would ordinarily be required to work (assuming he or she were not on leave).

1. (1)

   The Governor may, on the recommendation of the Attorney-General, appoint such magistrates as the Governor thinks necessary for the proper administration of justice.

2. (2a)

   An appointment of a magistrate under this section will be taken to be on a full-time basis unless the instrument of appointment provides that the appointment is on a part‑time basis.

3. (2b)

   However, a magistrate not appointed on a part-time basis may, by written agreement with the Chief Magistrate made with the approval of the Attorney-General, perform the duties of his or her office on a part-time basis for a period specified in the agreement.

4. (2c)

   An instrument appointing a magistrate on a part-time basis or an agreement under subsection (2b) must specify the hours of duty the magistrate will ordinarily be required to work, expressed as a proportion of the time a magistrate appointed on a full-time basis is ordinarily required to work.

5. (2d)

   The hours of duty specified in an instrument of appointment or an agreement under subsection (2b) may be varied by written agreement between the magistrate and the Chief Magistrate made with the approval of the Attorney-General.

6. (3)

   A magistrate appointed under this section will, if the instrument of appointment so provides, be an acting magistrate and, in that case, the appointment will be for a term (not exceeding 12 months) specified in the instrument of appointment.

7. (3a)

   A former magistrate who has retired from office is eligible for appointment as an acting magistrate.

8. (4)

   The Attorney-General must, before making a recommendation for the appointment of a magistrate, consult with—

   1. (a)

      the Chief Justice; and

   2. (b)

      the Chief Magistrate,

in relation to the proposed appointment.

1. (5)

   A person is not eligible for appointment as a magistrate unless he or she is a legal practitioner of at least 5 years standing.

2. (6)

   For the purpose of determining whether a legal practitioner has…