ACCESS TO JUSTICE (CIVIL LITIGATION REFORMS) AMENDMENT ACT 2009 (NO. 117, 2009) - SCHEDULE 3 Judicial responsibilities
ACCESS TO JUSTICE (CIVIL LITIGATION REFORMS) AMENDMENT ACT 2009 (NO. 117, 2009) - SCHEDULE 3
Judicial responsibilities1 Subsection 21B(1)
After "ensuring the", insert "effective,".
2 Subsection 21B(1)
Omit all the words after "business of the Court".
3 After subsection 21B(1)
Insert:
(1A) In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Judge:
(a) may, subject to this Act and to such consultation with Judges as is appropriate and practicable, do all or any of the following:
(i) make arrangements as to the Judge or Judges who is or are to constitute the Court, or the Full Court, in particular matters or classes of matters;
(ii) without limiting the generality of subparagraph (i)--assign particular caseloads, classes of cases or functions to particular Judges;
(iii) temporarily restrict a Judge to non‑sitting duties; and
(b) must ensure that arrangements are in place to provide Judges with appropriate access to (or reimbursement for the cost of):
(i) annual health assessments; and
(ii) short‑term counselling services; and
(iii) judicial education.
4 Subsections 21B(2) and (3)
Omit "subsection (1)", substitute "this section".
5 At the end of section 21B
Add:
(4) In exercising, or assisting in the exercise of, the functions or powers mentioned in paragraph (1A)(a), the Chief Judge and the Deputy Chief Judge have the same protection and immunity as if they were exercising, or assisting in the exercise of, those functions or powers as, or as members of, the Court.
(5) Despite section 39B of the Judiciary Act 1903 , the Federal Court of Australia does not have jurisdiction with respect to a matter relating to the exercise by the Chief Judge of, or relating to the Deputy Chief Judge assisting in the exercise of, the functions or powers mentioned in subsection (1A).
6 After subsection 22(2)
Insert:
Judges to be assigned to particular location
(2AAA) The commission of appointment of a Judge must assign the Judge to a particular location. The Judge:
(a) must not sit at another location on a permanent basis unless the Attorney‑General and the Chief Judge consent; and
(b) cannot be required to sit at another location on a permanent basis unless the Judge consents (in addition to the consents required by paragraph (a)); and
(c) may sit at another location on a temporary basis.
(2AAB) In deciding whether to consent as mentioned in paragraph (2AAA)(a), the Chief Judge has the same protection and immunity as if he or she were making that decision as, or as a member of, the Court.
(2AAC) Despite section 39B of the Judiciary Act 1903 , the Federal Court of Australia does not have jurisdiction with respect to a matter relating to the exercise by the Attorney‑General or the Chief Judge of the power to consent as mentioned in paragraph (2AAA)(a).
Note 1: The following heading to subsection 22(1) is inserted " Appointment of Judges ".
Note 2: The following heading to subsection 22(2AA) is inserted " Appeal Division ".
Note 3: The following heading to subsection 22(2AF) is inserted " General Division ".
Note 4: The following heading to subsection 22(2AFA) is inserted " Appointment of Deputy Chief Judge or Judge Administrator ".
Note 5: The following heading to subsection 22(2AG) is inserted " Judge of 2 or more courts ".
Note 6: The following heading to subsection 22(3) is inserted " Resignation ".
Note 7: The following heading to subsection 22(4) is inserted " Style ".
Federal Court of Australia Act 1976
7 After subsection 6(2)
Insert:
Judges to be assigned to particular location
(3) The commission of appointment of a Judge must assign the Judge to a particular location. The Judge:
(a) must not sit at another location on a permanent basis unless the Attorney‑General and the Chief Justice consent; and
(b) cannot be required to sit at another location on a permanent basis unless the Judge consents (in addition to the consents required by paragraph (a)); and
(c) may sit at another location on a temporary basis.
(3A) In deciding whether to consent as mentioned in paragraph (3)(a), the Chief Justice has the same protection and immunity as if he or she were making that decision as, or as a member of, the Court.
(3B) Despite section 39B of the Judiciary Act 1903 , the Court does not have jurisdiction with respect to a matter relating to the exercise by the Attorney‑General or the Chief Justice of the power to consent as mentioned in paragraph (3)(a).
Note 1: The following heading to subsection 6(1) is inserted " Appointment of Judges ".
Note 2: The following heading to subsection 6(4) is inserted " Resignation ".
Note 3: The following heading to subsection 6(5) is inserted " Judge of 2 or more courts ".
Note 4: The following heading to subsection 6(6) is inserted " Style ".
Note 5: The following heading to subsection 6(7) is inserted " Definition ".
8 Subsection 15(1)
After "ensuring the", insert "effective,".
9 Subsection 15(1)
Omit all the words after "business of the Court".
10 After subsection 15(1)
Insert:
(1AA) In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Justice:
(a) may, subject to this Act and to such consultation with Judges as is appropriate and practicable, do all or any of the following:
(i) make arrangements as to the Judge or Judges who is or are to constitute the Court in particular matters or classes of matters;
(ii) without limiting the generality of subparagraph (i)--assign particular caseloads, classes of cases or functions to particular Judges;
(iii) temporarily restrict a Judge to non‑sitting duties; and
(b) must ensure that arrangements are in place to provide Judges with appropriate access to (or reimbursement for the cost of):
(i) annual health assessments; and
(ii) short‑term counselling services; and
(iii) judicial education.
(1AB) In exercising the functions or powers mentioned in paragraph (1AA)(a), the Chief Justice has the same protection and immunity as if he or she were exercising those functions or powers as, or as a member of, the Court.
(1AC) Despite section 39B of the Judiciary Act 1903 , the Court does not have jurisdiction with respect to a matter relating to the exercise by the Chief Justice of the functions or powers mentioned in subsection (1AA).
11 Subsection 12(1)
After "ensuring the", insert "effective,".
12 Subsection 12(3)
Repeal the subsection, substitute:
(3) In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Federal Magistrate:
(a) may, subject to this Act and to such consultation with Federal Magistrates as is appropriate and practicable, do all or any of the following:
(i) make arrangements as to the Federal Magistrate who is to constitute the Federal Magistrates Court in particular matters or classes of matters;
(ii) without limiting the generality of subparagraph (i)--assign particular caseloads, classes of cases or functions to particular Federal Magistrates;
(iii) temporarily restrict a Federal Magistrate to non‑sitting duties; and
(b) must ensure that arrangements are in place to provide Federal Magistrates with appropriate access to (or reimbursement for the cost of):
(i) annual health assessments; and
(ii) short‑term counselling services; and
(iii) judicial education.
13 After subsection 12(6)
Insert:
Protection of the Chief Federal Magistrate in the exercise of functions or powers
(6A) In exercising the functions or powers mentioned in paragraph (3)(a) or subsection (4), the Chief Federal Magistrate has the same protection and immunity as if he or she were exercising those functions or powers as, or as a member of, the Federal Magistrates Court.
(6B) Despite section 39B of the Judiciary Act 1903 , the Federal Court of Australia does not have jurisdiction with respect to a matter relating to the exercise by the Chief Federal Magistrate of the functions or powers mentioned in subsection (3) or (4).
14 Application of amendments
(1) The amendments made by this Part, other than items 6 and 7, apply in relation to Judges and Federal Magistrates whether appointed before or after the commencement of the amendments.
(2) The amendments made by items 6 and 7 apply in relation to commissions of appointment signed by the Governor‑General after the commencement of those amendments.
Administrative Decisions (Judicial Review) Act 1977
15 At the end of Schedule 1
Add:
; (zd) the following decisions under the Family Law Act 1975 :
(i) decisions of the Chief Judge or the Deputy Chief Judge in the exercise of, or in assisting in the exercise of, the functions or powers mentioned in subsection 21B(1A) of that Act;
(ii) decisions of the Chief Judge or the Attorney‑General whether to consent as mentioned in paragraph 22(2AAA)(a) of that Act;
(ze) the following decisions under the Federal Court of Australia Act 1976 :
(i) decisions of the Chief Justice in the exercise of the functions or powers mentioned in subsection 15(1AA) of that Act;
(ii) decisions of the Chief Justice or the Attorney‑General whether to consent as mentioned in paragraph 6(3)(a) of that Act;
(zf) decisions of the Chief Federal Magistrate in the exercise of the functions or powers mentioned in subsection 12(3) or (4) of the Federal Magistrates Act 1999 .