MAGISTRATES ACT 1983 - SECT 5
MAGISTRATES ACT 1983 - SECT 5
(1) The Governor may,
on the recommendation of the Attorney-General, appoint such magistrates as the
Governor thinks necessary for the proper administration of justice.
(2a) An appointment of
a magistrate under this section will be taken to be on a full-time basis
unless the instrument of appointment provides that the appointment is on a
part-time basis.
(2b) However, a
magistrate not appointed on a part-time basis may, by written agreement with
the Chief Magistrate made with the approval of the Attorney-General, perform
the duties of his or her office on a part-time basis for a period specified in
the agreement.
(2c) An instrument
appointing a magistrate on a part-time basis or an agreement under
subsection (2b) must specify the hours of duty the magistrate will
ordinarily be required to work, expressed as a proportion of the time a
magistrate appointed on a full-time basis is ordinarily required to work.
(2d) The hours of duty
specified in an instrument of appointment or an agreement under
subsection (2b) may be varied by written agreement between the magistrate
and the Chief Magistrate made with the approval of the Attorney-General.
(3) A magistrate
appointed under this section will, if the instrument of appointment so
provides, be an acting magistrate and, in that case, the appointment will be
for a term (not exceeding 12 months) specified in the instrument of
appointment.
(3a) A former
magistrate who has retired from office is eligible for appointment as an
acting magistrate.
(4) The
Attorney-General must, before making a recommendation for the appointment of a
magistrate, consult with—
(a) the
Chief Justice; and
(b) the
Chief Magistrate,
in relation to the proposed appointment.
(5) A person is not
eligible for appointment as a magistrate unless he or she is a legal
practitioner of at least 5 years standing.
(6) For the purpose of
determining whether a legal practitioner has the standing necessary for
appointment as a magistrate, periods of legal practice and (where relevant)
judicial service within and outside the State will be taken into account.
(7) An instrument of
appointment of a magistrate may contain a condition requiring the duties of
the magistrate to be performed wholly or predominantly at 1 or more specified
places in accordance with such directions as the Chief Magistrate may give to
the magistrate under section 8.
(8) The Governor may,
on the recommendation of the Attorney-General made with the concurrence of the
Chief Magistrate, vary a condition of an appointment of a magistrate imposed
under subsection (7).
(9) A magistrate whose
appointment is varied under subsection (8) must be notified in writing of
the variation.