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1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to amend the Supreme Court Act 1970 and District Court Act 1993 to
provide that (in the absence of special circumstances) interest cannot
be awarded for the period after a settlement offer has been made
unless the amount of the judgment (including interest up to and
including the date of the offer) exceeds the sum offered by more than
10 per cent,
(b)
to amend the District Court Act 1973 and Compensation Court Act
1984 to provide that the Chief Judges of the District Court and
Compensation Court are entitled to the same remuneration and to a
like style and title as that to which a Judge of the Supreme Court is
entitled,
to amend the Compensation Court Act 1984 to provide that an Acting
Chief Judge of the Compensation Court may be appointed in the
absence of the Chief Judge and to provide expressly for the
appointment of a deputy registrar of the court,
to amend the Local Courts Act 1982 to include provisions presently
contained in the Local Courts Regulation 1994 relating to the
seniority of, and robing and taking of oaths by, Magistrates and to
repeal that regulation,
to amend the Dust Diseases Tribunal Act 1989 to provide for the
award of provisional damages, appointment of a Senior Member of
the Tribunal, establishment of a Rule Committee, reference of matters
for mediation or neutral evaluation and to make various changes in
relation to the hearing of proceedings before the Tribunal,
to make consequential amendments to the Statutory and Other Offices
Remuneration Act 1975.
Clause 2 provides that the proposed Act commences on a day or days to be
appointed by proclamation.
Clause 3 is a formal provision that gives effect to the Schedules of
amendments.
Clause 4 repeals the Local Courts Regulation 1994.
Clause 5 repeals rule 4 of the Dust Diseases Tribunal Rules. The provision
is to be incorporated in the Dust Diseases Tribunal Act 1989 (see Schedule
4 (19)).
Clause 6 provides that explanatory notes contained in the amending
Schedules do not form part of the proposed Act.
Schedule 1 makes the amendments described above relating to awards of
interest.
Schedule 2 makes the amendments described above relating to the Chief
Judges of the District Court and Compensation Court.
Schedule 3 makes the amendments described above relating to Magistrates.
Explanatory note page 2
Schedule 4 makes the amendments described above relating to the Dust
Diseases Tribunal.
Schedule 5 makes the amendments described above relating to appointment
of a deputy registrar of the Compensation Court.
Further explanation of the amendments is made in the explanatory notes
relating to the amendments concerned.
Explanatory note page 3