Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 7

Appointment of magistrates

7. Appointment of magistrates



(1) The Governor in Council may appoint as many magistrates as are necessary
for transacting the business of the Court.

(1A) A magistrate (other than the Chief Magistrate) may be appointed on a
full-time or part-time basis.



(2) The Governor in Council may appoint one of the magistrates to be Chief
Magistrate and two or more to be Deputy Chief Magistrates.

(2A) A Deputy Chief Magistrate appointed on or after the commencement of
section 5 of the Courts Legislation (Amendment) Act 2003 holds office for a
term not exceeding 5 years specified in the instrument of appointment, but is
eligible for reappointment.

(3) A person is not eligible for appointment as a magistrate unless he or she-

   (a)  is or has been a judge or magistrate of-

   (i)  the High Court of Australia or of a court created by the Parliament of
        the Commonwealth; or

   (ii) a court of Victoria or of another State or of the Northern Territory
        or the Australian Capital Territory; or

   (b)  is an Australian lawyer (within the meaning of the
        Legal Profession Act 2004) of at least 5 years' standing.



(4) A person who has attained the age of 70 years is not eligible to be
appointed as a magistrate.



(5) Every person who is appointed as a magistrate must, before acting as a
magistrate, take an oath of office in the prescribed form and manner.

(6) A magistrate may resign from office by delivering to the Governor a signed
letter of resignation.

(7) A magistrate, other than a Chief Magistrate appointed on or after 7 May
1996, is an officer within the meaning of the State Superannuation Act 1988.

(7A) For the purposes of subsection (7), if any magistrate, other than a Chief
Magistrate appointed on or after 7 May 1996, was immediately prior to his or
her appointment an acting magistrate, during that appointment he or she is an
officer within the meaning of the State Superannuation Act 1988.

(8) A part-time magistrate, while undertaking the duties of a magistrate, has
the same powers, duties, protection and immunity as a full-time magistrate.

(9) A part-time magistrate must not engage in legal practice at any time
during the term of his or her appointment.

(10) Subject to subsection (7A), this section does not apply to an acting
magistrate.