LOCAL COURT ACT 2007 - SCHEDULE 3

LOCAL COURT ACT 2007 - SCHEDULE 3

SCHEDULE 3 – Provisions relating to Rule Committee

(Section 25 (5))

1 Term of office

(cf LCA 1982, sections 30 and 31)

A member other than the Chief Magistrate is to hold office for the period specified in the member's instrument of appointment and is eligible (if otherwise qualified) for re-appointment.

2 Vacancy of office

(cf LCA 1982, sections 30 and 31)

(1) A member ceases to hold office in any of the following circumstances:

(a) in the case of a member referred to in section 25 (2) (a)-(e), if the member ceases to hold the qualification by virtue of which the member was appointed or holds office,

(b) in the case of a member appointed by the Chief Magistrate, if the member resigns as a member by instrument in writing addressed to the Chief Magistrate,

(c) in the case of the member appointed by the Secretary of the Department of Justice, if the member resigns as a member by instrument in writing addressed to the Secretary,

(d) in the case of the member appointed by the Minister, if the member resigns as a member by instrument in writing addressed to the Minister.

(2) If the office of a member other than the Chief Magistrate becomes vacant, a person must, subject to this Act, be appointed to fill the vacancy.

3 Deputies for members

(1) A reference to a power to appoint a member of the Rule Committee includes a power to appoint a deputy for that member.

(2) In the absence of a member appointed under section 25 (2), (3) or (4), the member's deputy:

(a) may, if available, act in the place of the member, and

(b) subject to clause 4 (3)--while so acting, has the functions of the member and is taken to be the member.

4 Chairperson

(cf LCA 1982, section 33)

(1) The Chief Magistrate is to be the chairperson of the Rule Committee.

(2) The Chief Magistrate is to appoint in writing one of the other members of the Rule Committee who is a Magistrate as deputy chairperson.

(3) A person nominated as a deputy for the Chief Magistrate is not entitled to exercise any of the functions of the Chief Magistrate as chairperson of the Rule Committee.

5 Meetings

(cf LCA 1982, section 34)

(1) The Rule Committee is (subject to this clause) to regulate its own procedure with respect to conducting meetings.

(2) The chairperson of the Rule Committee or, in the absence of the chairperson, the deputy chairperson of the Committee is to preside at a meeting of the Committee.

(3) In the absence from a meeting of the Rule Committee of both the chairperson and the deputy chairperson, another member of the Committee who is a Magistrate is to be chosen by the members present to preside at the meeting.

(4) A decision supported by a majority of the votes cast at a meeting of the Rule Committee at which a quorum is present is the decision of the Rule Committee.

(5) The person presiding at a meeting of the Rule Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

(6) The Chief Magistrate is to call meetings of the Rule Committee as the Chief Magistrate thinks necessary (subject to any decision of the Committee under subclause (1)).

(7) The Rule Committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Committee for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Committee.

6 Quorum

The quorum for a meeting of the Rule Committee is a majority of the number of the members for the time being.