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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 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Judicial Officers Act 1986 No 100 3
b2009-023-33.d09
New South Wales
Judicial Officers Amendment Bill 2009
No , 2009
A Bill for
An Act to amend the Judicial Officers Act 1986 in relation to judicial officers
exchange arrangements and incompatibility of office.
Clause 1 Judicial Officers Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Judicial Officers Amendment Act 2009. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Judicial Officers Amendment Bill 2009
Amendment of Judicial Officers Act 1986 No 100 Schedule 1
Schedule 1 Amendment of Judicial Officers Act 1986 1
No 100 2
[1] Section 3 Definitions 3
Insert "(except in Part 7A)" after "means" in the definition of judicial officer 4
in section 3 (1). 5
[2] Section 43A Judicial office not affected by appointment to act in another 6
judicial office 7
Omit the section. 8
[3] Part 7A 9
Insert after Part 7: 10
Part 7A Appointment of judicial officers to other 11
positions 12
Division 1 Judicial officers exchange 13
43B Definitions 14
In this Division: 15
corresponding court, in relation to a NSW court, means a court 16
of another jurisdiction listed in Column 2 of Schedule 4A 17
opposite the NSW court listed in Column 1 of Schedule 4A. 18
court includes tribunal. 19
judicial exchange arrangement means an arrangement under 20
section 43C. 21
judicial officer means a judge, magistrate or other person who, 22
whether alone or together with others, constitutes a court, but 23
does not include a lay member of a court. 24
NSW court means a court of this jurisdiction listed in Column 1 25
of Schedule 4A. 26
participating jurisdiction means the Commonwealth, another 27
State, a Territory or another country if under the law of that 28
jurisdiction a judicial exchange arrangement may be entered into 29
with the Attorney General of this jurisdiction. 30
this jurisdiction means New South Wales. 31
Page 3
Judicial Officers Amendment Bill 2009
Schedule 1 Amendment of Judicial Officers Act 1986 No 100
43C Establishment of judicial exchange arrangements 1
(1) The Attorney General of this jurisdiction may enter into an 2
arrangement with the Attorney General of a participating 3
jurisdiction for the temporary transfer of judicial officers 4
between NSW courts and corresponding courts. 5
(2) An arrangement under this section cannot provide for the transfer 6
of judicial officers to a federal court of the Commonwealth. 7
(3) Without limiting subsection (1), an arrangement under this 8
section: 9
(a) may require transfers to a court to be subject to the prior 10
approval of either or both of the following: 11
(i) the Attorney General of this jurisdiction, 12
(ii) the Attorney General of the participating 13
jurisdiction, and 14
(b) may establish the manner and form in which a transfer to a 15
court is to be made or terminated, and 16
(c) may determine the rank, title, status and precedence of a 17
transferred judicial officer. 18
43D Transfer of judicial officer of another jurisdiction to NSW court 19
(1) This section applies if a judicial exchange arrangement provides 20
for the transfer to a NSW court of a judicial officer of a 21
corresponding court. 22
(2) The senior judicial officer of the NSW court may, in accordance 23
with the judicial exchange arrangement and with the concurrence 24
of the senior judicial officer of the corresponding court, appoint 25
a judicial officer of the corresponding court to act as a judicial 26
officer of the NSW court. 27
(3) The judicial officer of the corresponding court is qualified for 28
appointment despite any law of this jurisdiction to the contrary. 29
(4) The maximum term for which an appointment under this section 30
may be made on any one occasion is 6 months. 31
(5) However, an appointment under this section may not extend 32
beyond the retirement age for judicial officers of the NSW court. 33
(6) A judicial officer of a corresponding court may be appointed 34
under this section to more than one NSW court. 35
Page 4
Judicial Officers Amendment Bill 2009
Amendment of Judicial Officers Act 1986 No 100 Schedule 1
(7) An appointment under this section may at any time be terminated, 1
in accordance with the judicial exchange arrangement, by the 2
senior judicial officer of either the NSW court or the 3
corresponding court. 4
(8) A judicial officer whose appointment under this section has 5
ceased may complete or otherwise continue to deal with any 6
matters relating to proceedings in the NSW court that have been 7
heard, or partly heard, by the judicial officer before the 8
appointment under this section ceased. 9
43E Service in NSW court of judicial officer of another jurisdiction 10
(1) This section applies to a judicial officer of a corresponding court 11
who is appointed to act as a judicial officer of a NSW court in 12
accordance with a judicial exchange arrangement. 13
(2) While acting as a judicial officer of the NSW court, the judicial 14
officer of the corresponding court has all the powers, authorities, 15
privileges and immunities of, and is taken to be for all purposes, 16
a judicial officer of the NSW court. 17
(3) Despite subsection (2), the laws of this jurisdiction concerning: 18
(a) the remuneration, allowances and other conditions of 19
service of judicial officers, and 20
(b) the pension or other superannuation entitlements of 21
judicial officers and related provisions, and 22
(c) the removal or suspension of judicial officers from office, 23
do not apply to the judicial officer of the corresponding court 24
while acting as a judicial officer of the NSW court. 25
43F Service of NSW judicial officer in corresponding court 26
(1) This section applies to a judicial officer of a NSW court who is 27
appointed to act as a judicial officer of a corresponding court in 28
accordance with a judicial exchange arrangement. 29
(2) For the purposes of the laws of this jurisdiction concerning: 30
(a) the remuneration, allowances and other conditions of 31
service of judicial officers, and 32
(b) the pension or other superannuation entitlements of 33
judicial officers and related provisions, and 34
(c) the removal or suspension of judicial officers from office, 35
the judicial officer's service as a judicial officer of the 36
corresponding court is taken to be service as a judicial officer of 37
the NSW court. 38
Page 5
Judicial Officers Amendment Bill 2009
Schedule 1 Amendment of Judicial Officers Act 1986 No 100
43G Other arrangements not affected 1
This Division does not limit or affect any other arrangements 2
under which: 3
(a) a judicial officer of another jurisdiction may be appointed 4
or act as a judicial officer of this jurisdiction, or 5
(b) a judicial officer of this jurisdiction may be appointed or 6
act as a judicial officer of another jurisdiction. 7
43H Amendment of Schedule 4A 8
The regulations may amend or replace Schedule 4A. 9
Division 2 General 10
43I Judicial office not affected by appointment to another judicial 11
office 12
(1) In this section: 13
court includes a tribunal (however described) that exercises 14
functions of a judicial nature or functions of a similar nature 15
(such as conciliation functions, arbitration functions, disciplinary 16
functions or administrative review functions). 17
judicial office extends to the office of any member of a court, but 18
only if the holder of the office is required to be a judicial officer 19
or have legal qualifications. 20
(2) The doctrine of incompatibility of office: 21
(a) does not operate to prevent the holder of a judicial office 22
(the original office) from being appointed to another 23
judicial office (the additional office), and 24
(b) does not operate to effect or require the surrender or 25
vacation of the original office as a result of the 26
appointment to the additional office. 27
(3) This section applies: 28
(a) even if the original office or the additional office is held on 29
an acting or temporary basis, and 30
(b) even if the original office or the additional office is a 31
judicial office of another jurisdiction (including, but not 32
limited to, judicial offices to which appointments are made 33
in accordance with arrangements under Division 1), and 34
(c) even if an appeal lies from a decision of the court of one of 35
the judicial offices to the court of the other judicial office, 36
and 37
Page 6
Judicial Officers Amendment Bill 2009
Amendment of Judicial Officers Act 1986 No 100 Schedule 1
(d) even if the courts of the judicial offices are not of the same 1
status. 2
[4] Schedule 4A 3
Insert after Schedule 4: 4
Schedule 4A NSW and corresponding courts 5
Column 1 Column 2
NSW court Corresponding court
Supreme Court; Federal Court of Australia
Industrial Court; Supreme Court of any State (other than Queensland) or of a
Land and Territory
Environment Court
District Court; County Court of Victoria
Drug Court District Court of South Australia
Youth Court of South Australia (constituted by a Judge)
Environment, Resources and Development Court of South
Australia
Industrial Relations Court of South Australia
District Court of Western Australia
Local Court; Magistrates Courts of Victoria, Tasmania, South Australia,
Children's Court; Western Australia and the ACT
Coroner's Court Coroners Court of South Australia
Youth Court of South Australia (constituted by a Magistrate)
Warden's Courts of South Australia and the Northern Territory
Court of Summary Jurisdiction of the Northern Territory
Local Court of the Northern Territory
Alcohol Court of the Northern Territory
Youth Justice Court of the Northern Territory
Work Health Court of the Northern Territory
Children's Court of Western Australia
Administrative Victorian Civil and Administrative Tribunal
Decisions Tribunal State Administrative Tribunal of Western Australia
[5] Schedule 6 Savings and transitional provisions 6
Insert at the end of clause 1 (1): 7
Judicial Officers Amendment Act 2009 8
Page 7
Judicial Officers Amendment Bill 2009
Schedule 1 Amendment of Judicial Officers Act 1986 No 100
[6] Schedule 6 1
Insert at the end of the Schedule with appropriate Part and clause numbers: 2
Part Provision consequent on enactment of 3
Judicial Officers Amendment Act 2009 4
Application of substituted incompatibility of office provision 5
Section 43I, as inserted by the Judicial Officers Amendment Act 6
2009, extends to an appointment made before the commencement 7
of that section, and applies to such an appointment as if that 8
section had been in force when the appointment was made. 9
Page 8
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