FAMILY COURT ACT 1997 - SECT 25
FAMILY COURT ACT 1997 - SECT 25
25 . Officers of Court
(1) Subject to
subsection (4), the Attorney General is to appoint persons to the following
offices of Court —
(a) the
Principal Registrar of the Court; and
(b)
registrars of the Court, in such number as is necessary for the performance of
the functions of registrars under this Act; and
(c) the
executive manager; and
(d) the
Director of Court Counselling; and
(e) the
Marshal of the Court.
(2) Subject to
subsection (4), the Attorney General may appoint persons to the following
offices of Court —
(a)
deputy registrars of the Court, in such number as is necessary for the
performance of the functions of deputy registrars under this Act; and
(b) the
Director of Mediation; and
(c) the
Collector of Maintenance of the Court and assistant collectors of maintenance
of the Court in such number as is necessary for the performance of the
functions of the Collector of Maintenance under this Act.
(2a) Subject to
subsection (4), the Court may —
(a)
authorise persons to act as —
(i)
family counsellors; and
(ii)
family dispute resolution practitioners;
and
(b)
appoint persons as family consultants.
(3) If there is a
vacancy in an office referred to in subsection (1) or (2) then, subject to
subsection (4), the Attorney General may appoint a person to act in the office
during the period of the vacancy and the person so appointed to act in the
office has during that period the functions of a person appointed to the
office.
(4) A person cannot be
authorised to act as an officer of the court, or appointed to, or to act in,
an office of the Court under subsection (1), (2) , (2a) or (3) unless the
person is also appointed under Part 3 of the Public Sector Management Act 1994
and the person may hold office as such in conjunction with any other office in
the Public Service.
(5) If an officer of
the Court other than the executive manager or the Director of Court
Counselling is, or is expected to be, temporarily unable for any reason to
perform the functions of office then the Chief Judge may appoint another
officer of the Court to act in the place of the first-mentioned officer during
the period of that officer’s inability, and the officer so appointed by
the Chief Judge has during that period the functions of the first-mentioned
officer.
(6) If the executive
manager is, or is expected to be, temporarily unable for any reason to perform
the functions of office then the Chief Judge may appoint a person who has been
appointed under Part 3 of the Public Sector Management Act 1994 to act in the
place of the executive manager during the period of the executive
manager’s inability, and the person so appointed by the Chief Judge has
during that period the functions of the executive manager.
(7) If the Director of
Court Counselling (the Director ) is, or is expected to be, temporarily unable
for any reason to perform the functions of office then the Chief Judge may
appoint a person who has been appointed under Part 3 of the
Public Sector Management Act 1994 as a court counsellor to act in the place of
the Director during the period of the Director’s inability, and the
person so appointed by the Chief Judge has during that period the functions of
the Director.
(8) If there is a
vacancy in the office of Principal Registrar and no person has been
specifically appointed under subsection (3) to act in the office of Principal
Registrar for the period of the vacancy then the Chief Judge may appoint a
registrar to act in the office of the Principal Registrar during the period of
the vacancy and the registrar so appointed by the Chief Judge has during that
period the functions of the Principal Registrar.
[Section 25 amended: No. 35 of 2006 s. 109.]