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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.