CHILDREN'S COURT ACT 1987 - SCHEDULE 1
CHILDREN'S COURT ACT 1987 - SCHEDULE 1
SCHEDULE 1 – Provisions relating to Children's Magistrates
1 Magisterial status etc not affected
(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.
2 Term of office
A Children's Magistrate shall hold office for such period (not exceeding 5 years) as may be specified in the Children's Magistrate's instrument of appointment, but is eligible (if otherwise qualified) for reappointment.
2A Conditions of service
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 .
3 Remuneration
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.
4 Government Sector Employment Act 2013 not to apply
The office of Children's Magistrate is a statutory office and the Government Sector Employment Act 2013 does not apply to that office.
5 Casual vacancies
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.
6 Appointment as Magistrate unaffected by resignation etc
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.