MAGISTRATES COURT ACT 2004 - SECT 25

MAGISTRATES COURT ACT 2004 - SECT 25

25 .         Chief Magistrate may assign duties to magistrates

        (1)         The Chief Magistrate, by directions given from time to time to a person who is a magistrate, may —

            (a)         specify which case or cases, or class or classes of case, the person is to deal with or in which division of the Court the person is to sit; and

            (b)         specify which class or classes of the judicial functions that the person has under written laws, whether as a magistrate or otherwise, the person is to perform for the time being; and

            (c)         specify which administrative duties the person is to perform for the time being; and

            (d)         specify where, when and at what times to deal with those cases or perform those functions or duties.

        (2)         Such a direction given to a magistrate does not limit the functions of the magistrate.

        (3)         A magistrate must comply with such a direction.

        (4)         A contravention of subsection (3) is not an offence.

        (5)         In the case of a magistrate who is also the Principal Registrar or a registrar of the Family Court, this section and section 24(4) apply as if the reference to the Chief Magistrate were a reference to the Chief Judge of the Family Court or his or her delegate.

        (6)         If a person holds office both as a magistrate of the Court and as a magistrate of the Children’s Court, the Chief Magistrate must not give a direction under subsection (1) in relation to the person’s functions as a magistrate of the Children’s Court.

        [Section 25 amended: No. 2 of 2022 s. 11.]