Australian Capital Territory Supreme Court Act 1971

Legislation au C1971A00013 Not in force Act

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Australian Capital Territory Supreme Court

No. 13 of 1971

An Act relating to the Judges of the Supreme Court of the Australian Capital Territory.

[Assented to 5 April 1971]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Australian Capital Territory Supreme Court Act 1971.

(2.) The Australian Capital Territory Supreme Court Act 1933–1969 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Australian Capital Territory Supreme Court Act 1933–1971.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. Section 5 of the Principal Act is amended by omitting from the definition of “‘Judge’ or ‘Judge of the Supreme Court’” the words “the Judge” (first and last occurring) and inserting in their stead the words “a Judge”.

Establishment of Supreme Court.

4. Section 6 of the Principal Act is amended by omitting from sub-section (3.) the words “one Judge” and inserting in their stead the words “not more than two Judges”.

Appointment of Judges and additional Judges.

5.—(1.) Section 7 of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-sections:—

“(1.) The Governor-General may appoint, by commission, a person who, or persons each of whom, is or has been—

(a) a Judge of another court created by the Parliament or of a court of a State; or


(b) a practising barrister, solicitor, barrister and solicitor, or legal practitioner of the High Court or of the Supreme Court of a State, the Australian Capital Territory or another Territory of the Commonwealth, of not less than five years’ standing,

to be a Judge or Judges of the Supreme Court.

“(1a.) The Judges appointed under the last preceding sub-section have seniority as Judges of the Supreme Court according to the dates of their commissions.”; and

(b) by omitting sub-section (4.).

(2.) The Judge of the Supreme Court appointed under sub-section (1.) of section 7 of the Principal Act and holding office immediately before the commencement of this Act shall, upon the commencement of this Act, be deemed to have been appointed under sub-section (1.) of section 7 of the Principal Act as amended by this Act.

Exercise of jurisdiction.

6. Section 8 of the Principal Act is amended by omitting sub-sections (2.) and (3.) and inserting in their stead the following sub-sections:—

“(2.) The Judge appointed under sub-section (1.) of the last preceding section, or, where there is more than one such Judge, the senior of those Judges, may, from time to time, make arrangements as to which Judge is to exercise the jurisdiction of the Court that is exercisable by one Judge.

“(3.) Where—

(a) there is more than one Judge appointed under sub-section (1.) of the last preceding section; and

(b) the senior of those Judges is, by reason of absence or for any other reason, unable to discharge the duties of his office,

the next senior of those Judges may, from time to time, make arrangements as to which Judge is to exercise the jurisdiction of the Court that is exercisable by one Judge.

“(4.) Where there are two or more additional Judges of the Court and—

(a) there is no Judge holding office under sub-section (1.) of the last preceding section; or

(b) the Judge appointed under sub-section (1.) of the last preceding section, or, if there is more than one such Judge, each of those Judges, is, by reason of absence or for any other reason, unable to discharge the duties of his office,

the senior additional Judge may, from time to time, make arrangements as to which of the additional Judges is to exercise the jurisdiction of the Court that is exercisable by one Judge.”.


Exercise of jurisdiction in relation to legal practitioners.

7. Section 8aa of the Principal Act is amended by omitting sub-sections (2.), (3.) and (4.) and inserting in their stead the following sub-sections:—

“(2.) The Judge appointed under sub-section (1.) of section seven of this Act, or, where there is more than one such Judge, the senior of those Judges, may, from time to time, make arrangements as to which Judges are to exercise the jurisdiction of the Court that is exercisable in accordance with the last preceding sub-section.

“(3.) Where—

(a) there is more than one Judge appointed under sub-section (1.) of section seven of this Act; and

(b) the senior of those Judges is, by reason of absence or for any other reason, unable to discharge the duties of his office,

the next senior of those Judges may, from time to time, make arrangements as to which Judges are to exercise the jurisdiction of the Court that is exercisable in accordance with sub-section (1.) of this section.

“(4.) Where there are more than three additional Judges of the Court and—

(a) there is no Judge holding office under sub-section (1.) of section seven of this Act; or

(b) the Judge appointed under sub-section (1.) of section seven of this Act, or, if there is more than one such Judge, each of those Judges, is, by reason of absence or for any other reason, unable to discharge the duties of his office,

the senior additional Judge may, from time to time, make arrangements as to which of the additional Judges are to exercise the jurisdiction of the Court that is exercisable in accordance with sub-section (1.) of this section.

“(5.) If three or more Judges sitting together in accordance with sub-section (1.) of this section are divided in opinion as to the decision to be given on any question, the question shall be decided according to the opinion of the majority, if there is a majority, but if the Judges are equally divided in opinion—

(a) where a Judge appointed under sub-section (1.) of section seven of this Act is, or Judges appointed under that sub-section are, so sitting, the opinion of that Judge or the senior of them, as the case may be, shall prevail; or

(b) where no such Judge is so sitting, the opinion of the senior additional Judge present shall prevail.”.

Salaries, allowances and travelling expenses.

8. Section 8b of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “The Judge” and inserting in their stead the words “A Judge”; and

(b) by omitting from sub-section (7.) the words “the Judge” and inserting in their stead the words “a Judge”.

Overview

The Australian Capital Territory Supreme Court Act 1971 was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, to address the need for amendments to the existing judicial framework in the Australian Capital Territory. This Act amends the Australian Capital Territory Supreme Court Act 1933–1969, updating the provisions relating to the establishment, appointment, and operation of the Supreme Court. The policy objective is to ensure the efficient and effective administration of justice within the Territory by providing clear guidelines for the appointment of judges and the exercise of their jurisdiction. The Act introduces changes to the appointment criteria for judges, allowing for the appointment of experienced legal practitioners, and clarifies the procedures for the exercise of jurisdiction by the judges, including arrangements in cases of absence or inability to discharge duties.

Scope and Application

The Australian Capital Territory Supreme Court Act 1971 applies to the Supreme Court of the Australian Capital Territory, specifically concerning the appointment and roles of its judges. The Act amends the Australian Capital Territory Supreme Court Act 1933–1969, allowing for the appointment of judges who have previously served as judges in another court or as practising legal practitioners with a minimum of five years’ experience. The Act specifies the conditions under which judges may exercise the court's jurisdiction, including arrangements for the allocation of duties among judges in cases of absence or incapacity. It also details the process for decision-making when judges are equally divided in their opinions and outlines provisions for the payment of salaries, allowances, and travelling expenses to the judges. The legislation applies within the jurisdiction of the Australian Capital Territory and does not explicitly provide for exclusions, exemptions, or thresholds, though the Act can be further elaborated upon through subordinate instruments.

Key Provisions

The Australian Capital Territory Supreme Court Act 1971 (sections 4 and 5) makes significant changes to the establishment and appointment of judges in the Supreme Court of the Australian Capital Territory. Firstly, it modifies the establishment of the Supreme Court by allowing for the appointment of not more than two judges (section 4). Secondly, it revises the criteria for appointing judges to include those who have been judges of another court or practising legal practitioners with at least five years of experience (section 5(1)). Additionally, it stipulates that the seniority of appointed judges is determined by the dates of their commissions (section 5(1a)). The Act imposes several obligations on the parties involved. The Governor-General is tasked with the appointment of judges according to the new criteria set forth in section 5. The judges themselves are responsible for making arrangements regarding which judge exercises the jurisdiction of the court when there is more than one judge, and they must adhere to the provisions regarding seniority and absence (sections 6 and 7). The Act also places a duty on the senior judges to ensure that the court's jurisdiction is exercised appropriately in the absence of the senior-most judge (sections 6 and 7). Violations of the provisions set forth in this Act can lead to various legal consequences. While the Act does not explicitly outline specific offences or penalties, breaches of judicial conduct or failure to adhere to the established criteria for appointment could potentially lead to disciplinary actions or legal challenges. Additionally, if the provisions related to the exercise of jurisdiction are not followed, it may result in judicial errors or misapplication of the law, which could be subject to review or appeal by higher courts. The maximum penalties for such breaches are not explicitly stated in the Act but could vary depending on the nature and severity of the breach.

Legal classification tags

Area of Law
Constitutional Law
Judicial Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Appointment of Judges
Exercise of Jurisdiction
Salaries, Allowances and Travelling Expenses

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.