Victorian Numbered Acts

COURTS LEGISLATION AMENDMENT (ASSOCIATE JUDGES) ACT 2008 (NO. 24 OF 2008) - SECT 28

For section 104 of the Supreme Court Act 1986 substitute —

    "     104     Appointment of Associate Judges

    (1)     Subject to subsection (5), one or more Associate Judges are to be appointed by the Governor in Council.

    (2)     The Associate Judges appointed under subsection (1)—

        (a)     must include an Associate Judge who is the Senior Master; and

        (b)         may include—

              (i)     an Associate Judge who is the Registrar of the Court of Appeal;

              (ii)     an Associate Judge who is the Registrar of the Criminal Appeals;

              (iii)     an Associate Judge who is the Taxing Master.

    (3)     An Associate Judge may be appointed as both Registrar of the Court of Appeal and the Registrar of Criminal Appeals and may hold both those offices concurrently.

    (4)     If the offices of Registrar of the Court of Appeal and Registrar of Criminal Appeals are held by the same person—

        (a)     the offices are deemed to be a single office under the title of Registrar of the Court of Appeal; and

        (b)     a reference in this or any other Act or in the Rules or any other instrument or document to the Registrar of Criminal Appeals is deemed to be a reference to the Registrar of the Court of Appeal.

    (5)     No new office is to be created in the Court unless the Chief Justice certifies that a majority of the Judges of the Court are of the opinion that it should be created.
s. 28

    (6)     A person must not be appointed as an Associate Judge unless that person—

        (a)     is or has been a judge, an associate judge or a 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)     has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years.

    (7)     An Associate Judge ceases to hold office only—

        (a)     if he or she resigns by delivering to the Governor a signed letter of resignation; or

        (b)     if he or she is removed from office by the Governor in Council in accordance with Part IIIAA of the Constitution Act 1975 ; or

        (c)     if his or her office is abolished by or under an Act; or

        (d)     if he or she is not capable of continuing in office because of subsection (9) or (10).
s. 28

    (8)     An Associate Judge who is the Senior Master or the Registrar of the Court of Appeal and any other Associate Judge is—

        (a)     entitled to such applicable salary and allowances as are payable under section 83A of the Constitution Act 1975 ; and

        (b)     not subject to the Public Administration Act 2004 .

    (9)     Subject to subsection (10), a person who has attained the age of 70 years is not capable of being appointed to or continuing in an office referred to in this section.

    (10)     A person appointed to the office of Master before 1 July 1986 and holding that office before the commencement of section 28 of the Courts Legislation Amendment (Associate Judges) Act 2008 continues in office without interruption as an Associate Judge until attaining the age of 72 years.".