MAGISTRATES COURT ACT 1991 - SECT 7AB
MAGISTRATES COURT ACT 1991 - SECT 7AB
7AB—Appointment and conditions of Judicial Registrars
(1) The Governor may,
on the recommendation of the Attorney-General and with the concurrence of the
Chief Magistrate, appoint a legal practitioner of at least 5 years
standing to be a Magistrates Court Judicial Registrar.
(2) The term of
appointment (which must be for at least 7 years), the remuneration and the
conditions of service applicable to a person holding an appointment under this
section will be as determined by the Governor with the concurrence of the
Chief Magistrate, and specified in the instrument of appointment.
(3) An appointment of
a Judicial Registrar 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.
(4) However, a
Judicial Registrar 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 office on a part-time basis for a
period specified in the agreement.
(5) An instrument
appointing a Judicial Registrar on a part-time basis or an agreement under
subsection (4) must specify the hours of duty the Judicial Registrar will
ordinarily be required to work, expressed as a proportion of the time a
Judicial Registrar appointed on a full-time basis is ordinarily required to
work.
(6) The hours of duty
specified in an instrument of appointment or an agreement under
subsection (4) may be varied by written agreement between the
Judicial Registrar and the Chief Magistrate made with the approval of the
Attorney-General.
(7) The remuneration
determined by the Governor with the concurrence of the Chief Magistrate and
specified in the instrument of appointment may not be reduced by subsequent
determination.
(8) However, a
Judicial Registrar (whether appointed on a full-time or part-time basis) is,
while performing the duties of the office on a part-time basis, entitled to
remuneration on a pro-rata basis in respect of the hours of duty at the rate
determined by the Governor under this section in relation to a
Judicial Registrar appointed on a full-time basis.
(9) For the purpose of
determining whether a legal practitioner has the standing necessary for
appointment to the office of Judicial Registrar, periods of legal practice
within and outside the State will be taken into account.
(10) A person
appointed as a Judicial Registrar is, on the recommendation of the
Attorney-General and with the concurrence of the Chief Magistrate, eligible
for reappointment at the expiration of a term of office.
(11) A
Judicial Registrar may, with the approval of the Attorney-General and the
concurrence of the Chief Magistrate, concurrently hold office as a member of
the Court's non-judicial staff if the non-judicial office is compatible with
the judicial office.