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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Judicial Officers Amendment Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Judicial Officers Act 1986 No 100 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Judicial Officers Amendment Bill 2007
Act No , 2007
An Act to amend the Judicial Officers Act 1986 in relation to the appointment of
non-legally qualified persons in addition to judicial officers to the Conduct Division
of the Judicial Commission of New South Wales; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Judicial Officers Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Judicial Officers Amendment Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Judicial Officers Act 1986 No 100
The Judicial Officers Act 1986 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Judicial Officers Amendment Bill 2007
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 22 Constitution of Conduct Division
Omit section 22 (2). Insert instead:
(2) Of the panel of 3 persons so appointed:
(a) 2 are to be judicial officers (but one may be a retired
judicial officer), and
(b) one is to be a community representative, being a person of
high standing in the community nominated by Parliament
in accordance with Schedule 2A.
[2] Section 50 Remuneration
Insert at the end of the section:
(2) A member of the Conduct Division who is a community
representative is entitled to be paid such remuneration as the
Minister may from time to time determine.
[3] Schedule 2A
Insert after Schedule 2:
Schedule 2A Provisions relating to nomination of
community representative on
Conduct Division
(Section 22 (2))
1 Definition
In this Schedule:
community representative means a person nominated by
Parliament for appointment to a panel of the Conduct Division
under section 22 (2).
2 Nominee not to be legally qualified or member of Commission
A person cannot be nominated as a community representative if
the person:
(a) is legally qualified (that is, the person is an Australian
lawyer or has attained the academic qualifications
necessary for admission as an Australian lawyer), or
(b) is a member of the Commission.
Page 3
Judicial Officers Amendment Bill 2007
Schedule 1 Amendments
3 Two persons may be nominated
Two community representatives may be nominated by
Parliament for the purposes of section 22. The appointment of
one of those community representatives to a panel is to be made
in rotation (subject to availability for appointment on the
occasion concerned).
4 Procedure for nomination
(1) The Legislative Assembly may by resolution nominate a
community representative. If the Legislative Council by message
to the Assembly concurs in that nomination, the person is duly
nominated as a community representative.
(2) If the Legislative Council rejects a nomination made by the
Legislative Assembly, the Legislative Council may, by message
to the Legislative Assembly, nominate another person as a
community representative. If the Legislative Assembly by
message to the Council concurs in that nomination, the person is
duly nominated as a community representative.
(3) If the Legislative Assembly rejects a nomination made by the
Legislative Council under subclause (2) or the Legislative
Council fails to nominate another person under subclause (2), the
Assembly may by message to the Council:
(a) insist on its original nomination, in which case the person
nominated by the Assembly is duly nominated as a
community representative, or
(b) nominate instead another person as a community
representative, in which case the procedure for nomination
under this clause is resumed in relation to that other
person.
(4) The Legislative Council is taken to have failed to nominate
another person under subclause (2) if it has not done so within 3
sitting days after the Legislative Assembly notified the Council
of its nomination.
5 Expiry of nomination
(1) The nomination of a community representative expires:
(a) if the nominee becomes legally qualified or a member of
the Commission, or
(b) if the nominee resigns as a community representative in
writing addressed to the presiding officers of the
Legislative Assembly and Legislative Council, or
Page 4
Judicial Officers Amendment Bill 2007
Amendments Schedule 1
(c) if a replacement community representative is nominated
by Parliament in accordance with this Schedule, or
(d) if the nominee becomes bankrupt, applies to take the
benefit of any law for the relief of bankrupt or insolvent
debtors, compounds with his or her creditors or makes an
assignment of his or her remuneration for their benefit, or
(e) if the nominee becomes a mentally incapacitated person,
or
(f) if the nominee is convicted in New South Wales of an
offence that is punishable by imprisonment for 12 months
or upwards or is convicted elsewhere than in New South
Wales of an offence that if committed in New South Wales
would be an offence so punishable.
(2) The nomination of a community representative expires on the
first meeting of the Legislative Assembly following the
dissolution of the Assembly.
(3) If the nomination of a community representative expires after the
person's appointment to a panel, the person may continue to sit
on that panel as the community representative.
[4] Schedule 6 Savings and transitional provisions
Insert at the end of clause 1 (1):
Judicial Officers Amendment Act 2007
[5] Schedule 6, Part 5
Insert after Part 4:
Part 5 Provisions consequent on enactment of
Judicial Officers Amendment Act 2007
5 Definition
In this Part:
amending Act means the Judicial Officers Amendment Act 2007.
6 Matters under Part 6 and Part 6A not finally dealt with
(1) Any complaint under Part 6 or formal request under Part 6A
referred to the Conduct Division, and not finally dealt with before
the commencement of the amending Act, may continue to be
dealt with by the Division as constituted immediately before that
commencement.
Page 5
Judicial Officers Amendment Bill 2007
Schedule 1 Amendments
(2) The amendments made by the amending Act do not apply to a
panel of the Conduct Division appointed after the
commencement of the amending Act but before the first
nomination by Parliament of a community representative for
appointment to a panel.
Page 6
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