Stipendiary Magistrates (Examinations) Regulations 1979 (WA)
Western Australia
STIPENDIARY MAGISTRATES ACT 1957
These regulations were repealed by the
Western Australia
Western Australia
STIPENDIARY MAGISTRATES ACT 1957STIPENDIARY MAGISTRATES ACT 1957
These regulations may be cited as the
In these regulations unless the contrary intention appears —
(1) There shall be a Board to be known as the Stipendiary Magistrates Examinations Board.
(2) The Board shall consist of three persons appointed by the Governor.
(3) The Governor may appoint a person to be the deputy of a member of the Board and the person so appointed has, in the event of the member for whom he is the deputy being unable to attend to his duties under these regulations, whether on account of illness or otherwise, all the functions, powers and duties of that member.
(1) To the extent that it is not prescribed the Board shall determine its own procedure.
(2) At a meeting of the Board two members shall constitute a quorum.
(3) Any question arising at a meeting of the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes being cast, that question shall be adjourned until the next meeting of the Board at which three members are present.
The Board shall conduct the examinations prescribed by regulation 6.
(1) The examinations prescribed for the purposes of paragraph (c) of subsection (2) of section 4 of the Act shall comprise examinations in the following subjects —
Legal process;
Contract;
Criminal Law;
Criminology;
Torts;
Evidence and Legal Interpretation;
Real Property;
Personal Property;
Trusts and Equity;
Constitutional Law;
Administrative Law;
Employment Law;
Family Law; and
Practice and Procedure.
(2) An examination may consist of more than one paper and may in the case of a particular candidate be supplemented by an oral examination.
(3) Notwithstanding anything in subregulations (1) and (2) of this regulation but subject to subregulation (4) of this regulation where the Board is satisfied that a candidate has passed an examination in —
(a) a subject in the course prescribed under the Statutes of the University of Western Australia for the degree of Bachelor of Jurisprudence or Bachelor of Laws; or
(b) a subject in a course conducted by any other body being a course which in the opinion of the Board is of an equivalent standard to the standard required for an examination prescribed under these regulations,
that is similar to a subject prescribed under subregulation (1) of this regulation, the Board may permit a candidate to be accredited with a pass in the subject prescribed under subregulation (1) of this regulation and where it does so the candidate is deemed to have passed the examination in the subject so prescribed.
(4) A pass in a subject —
(a) at an examination conducted by the Board; or
(b) at an examination conducted by another body referred to in subregulation (3) of this regulation,
is valid only for a period of five years commencing from the date that the examination is taken unless the Board determines that the candidate has maintained adequate knowledge of the subject.
The time prescribed under section 4 (2) (c) (ii) of the Act within which a person to whom that provision applies must pass the other prescribed examinations and fulfil such other requirements as are prescribed is the period of 2 years commencing from the day on which the
The Board may supply to any person desirous of becoming a candidate for the examinations prescribed under these regulations a syllabus of the course for each subject.
An examination referred to in subregulation (1) of regulation 6 shall be held at such time and place as is determined by the Board.
A person who before the coming into operation of the
(a) passed a subject prescribed for the examination in law for the appointment of magistrates pursuant to section 25 of the
Public Service Act 1904 may be granted a pass by the Board in an examination for an equivalent subject prescribed under these regulations;(b) passed the examination in law for the appointment of magistrates pursuant to section 25 of the
Public Service Act 1904 may be granted a pass by the Board in all the examinations prescribed under subregulation (1) of regulation 6.
Where a candidate does not pass all the examinations prescribed by subregulation (1) of regulation 6 within six years of passing the first examination prescribed under that subregulation the candidate shall not sit for any further examination and shall not be credited with a pass in any examination except by leave of the Board.
(1) The Board shall issue to a candidate who has passed all the examinations prescribed under subregulation (1) of regulation 6 a certificate to that effect.
(2) A certificate issued pursuant to subregulation (1) of this regulation shall be signed by not less than two members of the Board.
(1) The Attorney General may from time to time by notice in the
Government Gazette specify the fees payable —(a) to lecturers and examiners; and
(b) by candidates,
with respect to any examinations referred to in these regulations.
(2) A notice under subregulation (1) of this regulation may be varied or cancelled by the Attorney General.
21 Sep 1979 p. 2922‑3 | 21 Sep 1979 | |
7 Dec 1979 p. 3788 | 7 Dec 1979 | |
27 Feb 1987 p. 500 | 27 Feb 1987 | |
“
(1) In this section —
(2) If immediately before commencement a person, by virtue of an appointment under a provision of the repealed Act referred to in column 1 of the Table to this subsection, holds an office described in column 2, then on commencement the person is to be taken to have been appointed under the provision of the
Magistrates Court Act 2004 referred to in column 3 to the office described in column 4.
s. 4(1) | Stipendiary magistrate | Schedule 1 clause 3 | Magistrate |
s. 4(4) | Chief Stipendiary Magistrate | Schedule 1 clause 6(1) | Chief Magistrate |
s. 4(4) | Deputy Chief Stipendiary Magistrate | Schedule 1 clause 6(2) | Deputy Chief Magistrate |
s. 5C(2) | Stipendiary magistrate on terms and conditions | Schedule 1 clause 9 | Acting magistrate on the same terms and conditions |
(3) If immediately before commencement a person is the subject of a direction made under section 5B(3) of the repealed Act, then on commencement the person is to be taken to have been appointed under the
Magistrates Court Act 2004 Schedule 1 clause 9 as an acting magistrate for a period ending at the time when the person would leave office under the direction.(4) A person who under this section is taken to have been appointed under the
Magistrates Court Act 2004 to an office is not required to take the oaths or affirmations of office under that Act in respect of that office.(5) For the purposes of the
Magistrates Court Act 2004 Schedule 1 clause 7 the seniority of people who under subsection (2) are to be taken to have been appointed as magistrates of the Magistrates Court is to be determined according to the dates of their appointment as stipendiary magistrates.(6) The remuneration, existing or accrued rights, rights under a superannuation scheme, or continuity of service, of a stipendiary magistrate to whom subsections (2) and (3) apply is not affected by those subsections.
(7) A reference in a written law or book, document or writing to a stipendiary magistrate is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to a magistrate.
(8) A reference in a written law or book, document or writing to the Chief Stipendiary Magistrate is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the Chief Magistrate.
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