New South Wales Consolidated Acts

JUDICIAL OFFICERS ACT 1986 - SCHEDULE 6

SCHEDULE 6 – Savings and transitional provisions

(Section 56)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Judicial Officers Amendment Act 1998

Courts Legislation Amendment Act 2002 , to the extent that it amends this Act

Judicial Officers Amendment Act 2006 , to the extent that it amends this Act

Judicial Officers Amendment Act 2007

Judicial Officers Amendment Act 2009

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of Judicial Officers Amendment Act 1998

2 Existing appointed members

A person who, immediately before the commencement of the amendments to section 5 made by the Judicial Officers Amendment Act 1998 , held office as an appointed member of the Commission continues in office as if that member was appointed under that section as amended by that Act.

Part 3 - Provisions consequent on enactment of Courts Legislation Amendment Act 2002

3 Application of amendments to existing appointments

(1) Section 43A (Judicial office not affected by appointment to act in another judicial office) extends to apply to an appointment made before the commencement of that section, and applies to such an appointment as if that section had been in force when the appointment was made.

(2) An amendment made to a provision of an Act by the Courts Legislation Amendment Act 2002 extends to an appointment made or purporting to have been made under the provision before the commencement of the amendment, and applies to such an appointment as if the amendment had been in force when the appointment was made.

Part 4 - Provisions consequent on enactment of Judicial Officers Amendment Act 2006

4 Application of Part 6A

Part 6A, as inserted by the Judicial Officers Amendment Act 2006 , extends to impairments arising before the commencement of that Part.

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.

(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.

Part 6 - Provision consequent on enactment of Judicial Officers Amendment Act 2009

7 Application of substituted incompatibility of office provision

Section 43I, as inserted by the Judicial Officers Amendment Act 2009 , extends to an appointment made before the commencement of that section, and applies to such an appointment as if that section had been in force when the appointment was made.