New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 7)
(1) A Children’s Magistrate does not cease to be a Magistrate, nor is the Children’s Magistrate’s rank, title, status and precedence as a Magistrate affected, merely because of the Children’s Magistrate’s appointment as a Children’s Magistrate.
(2) The service of a Children’s Magistrate in his or her capacity as such a Magistrate shall, for all purposes, be taken to be service as a Magistrate.
A Children’s Magistrate shall hold office for such period (not exceeding 3 years) as may be specified in the Children’s Magistrate’s instrument of appointment, but is eligible (if otherwise qualified) for reappointment.
A person holding office as Children’s Magistrate is taken to hold the office on either a full-time or part-time basis, according to whether the person holds the office of Magistrate on a full-time or part-time basis under the Local Court Act 2007 .
A Children’s Magistrate is entitled to be paid:
(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 , and
(b) such travelling and subsistence allowances as the Attorney General may from time to time determine in respect of the Children’s Magistrate.
The Public Service Act 1979 does not apply to or in respect of the appointment of a Children’s Magistrate and a Children’s Magistrate is not, as a Children’s Magistrate, subject to that Act.
A person shall be deemed to have vacated office as a Children’s Magistrate if the person:
(a) ceases to be a Magistrate, or
(b) resigns office by instrument in writing addressed to the Chief Magistrate and to the President.
A person does not cease to be a Magistrate merely because of:
(a) his or her resignation from office as a Children’s Magistrate, or
(b) the expiration of his or her term of office as a Children’s Magistrate.