FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999 - SECT 12 Arrangement of business of the Federal Circuit Court of Australia
FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999 - SECT 12
Arrangement of business of the Federal Circuit Court of AustraliaResponsibility of Chief Judge
(1) The Chief Judge is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Federal Circuit Court of Australia.
(2) In discharging his or her responsibility under subsection (1), the Chief Judge must promote the objects of this Act.
(3) 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 who is to constitute the Federal Circuit Court of Australia 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; and
(c) may deal, as set out in subsection (3AA), with a complaint about the performance by another Judge of his or her judicial or official duties; and
(d) may take any measures that the Chief Judge believes are reasonably necessary to maintain public confidence in the Federal Circuit Court of Australia, including, but not limited to, temporarily restricting another Judge to non-sitting duties.
(3AA) The Chief Judge may, if a complaint is made about another Judge, deal with the complaint by doing either or both of the following in respect of the complaint:
(a) deciding whether or not to handle the complaint and then doing one of the following:
(i) dismissing the complaint;
(ii) handling the complaint if the Chief Judge has a relevant belief in relation to the complaint about the other Judge;
(iii) arranging for any other complaint handlers to assist the Chief Judge to handle the complaint if the Chief Judge has a relevant belief in relation to the complaint about the other Judge;
(b) arranging for any other complaint handlers to decide whether or not to handle the complaint and then to do one of the following:
(i) dismiss the complaint;
(ii) handle the complaint if each of the complaint handlers has a relevant belief in relation to the complaint about the other Judge.
Note: A complaint handler (other than the Chief Judge) may handle a complaint by referring it to the Chief Judge. The Chief Judge may then do either or both of the things referred to in paragraph (a) or (b) in respect of the complaint.
(3AB) The Chief Judge may authorise, in writing, a person or a body to do one or more of the following:
(a) assist the Chief Judge to handle complaints or a specified complaint;
(b) decide whether or not to handle complaints or a specified complaint;
(c) dismiss complaints or a specified complaint;
(d) handle complaints or a specified complaint.
Exercise of powers of General and Fair Work Divisions of the Federal Circuit Court of Australia
(3A) A Judge who is assigned to a Division of the Federal Circuit Court of Australia must exercise, or participate in exercising, the powers of the Federal Circuit Court of Australia only in that Division, except as set out in subsection (3B).
(3B) The Chief Judge may arrange for a Judge who is assigned to a particular Division of the Federal Circuit Court of Australia to exercise, or participate in exercising, the powers of the Federal Circuit Court of Australia in the other Division if the Chief Judge considers that circumstances make it desirable to do so.
(3C) To avoid doubt, a Judge who is not assigned to either Division of the Federal Circuit Court of Australia may exercise, or participate in exercising, the powers of the Federal Circuit Court of Australia in either Division.
(3D) Subsection (3A) does not affect the validity of any exercise of powers by the Federal Circuit Court of Australia otherwise than in accordance with that subsection.
Assignment of Judges to locations or registries
(4) The Chief Judge may, by written instrument, assign a particular Judge to a particular location or registry.
(5) An instrument under subsection (4) has no effect unless it is approved, in writing, by the Minister.
(6) Subsection (4) does not prevent a Judge from performing his or her duties at one or more other locations or registries on a temporary basis (whether on circuit or otherwise).
Protection of the Chief Judge in the exercise of functions or powers
(6A) In exercising the functions or powers mentioned in paragraph (3)(a) or subsection (4), the Chief Judge 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 Circuit Court of Australia.
Note: See also section 118A.
(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 Judge of the functions or powers mentioned in subsection (3), (3AA) or (3AB) or (4).
Functions and powers of the Chief Judge
(7) In addition to the powers and functions conferred on the Chief Judge by this Act, the Chief Judge has such other functions and powers in relation to the Federal Circuit Court of Australia as are specified in the regulations.