Western Australian Consolidated Acts

FAMILY COURT ACT 1997 - SECT 11

11 .         Appointment of judges

        (1)         The Governor, by commission under the Public Seal of the State, may appoint as many persons as are needed for the purposes of this Act to be Family Court judges.

        (2)         The Governor is to appoint one of the judges to be the Chief Judge of the Court and may, at any time, revoke the appointment as Chief Judge.

        (3)         A person is not eligible for appointment as a Family Court judge unless the person —

            (a)         is an Australian lawyer and has had not less than 8 years’ legal experience; and

            (b)         by reason of training, experience, and personality, is a suitable person to deal with matters of family law.

        (3a)         In subsection (3)(a) —

        Australian lawyer has the meaning given in the Legal Profession Act 2008 section 3;

        legal experience means —

            (a)         standing and practice as an Australian legal practitioner; or

            (b)         judicial service (including service as a judge of a court, a magistrate or other judicial officer) in the State or elsewhere in a common law jurisdiction; or

            (c)         a combination of both kinds of legal experience mentioned in paragraphs (a) and (b).

        (4)         A person so appointed is a judge for the whole of the State and can constitute the Court sitting at any place in the State.

        [Section 11 amended by No. 21 of 2008 s. 663(3).]