MAGISTRATES COURT ACT 2004 - SECT 26

MAGISTRATES COURT ACT 2004 - SECT 26

26 .         Administrative staff

        (1)         The Court’s administrative staff consists of —

            (a)         the Principal Registrar; and

            (b)         registrars; and

            (c)         deputy registrars; and

            (d)         any other persons appointed to the administrative staff.

        (2)         The Minister may appoint the Principal Registrar and as many registrars and deputy registrars as are needed to deal with the workload of the Court.

        (3)         A person is not eligible to be appointed as the Principal Registrar unless he or she is appointed under the Public Sector Management Act 1994 Part 3.

        (4)         Unless appointed under subsection (5), (6) or (7) a person is not eligible to be appointed as a registrar or deputy registrar unless he or she is appointed under the Public Sector Management Act 1994 Part 3.

        (5)         The Minister may appoint as a deputy registrar a person who is a member of the Police Force; the appointment to be held contemporaneously with the person’s office in the Police Force.

        (6)         The Minister may appoint as a registrar or deputy registrar a person who holds another office or position in the Public Service; the appointment to be held contemporaneously with the person’s other office or position in the Public Service.

        (7)         If the Court is required to perform its functions at a place outside the State, the Minister may appoint as a Registrar or Deputy Registrar of the Court at the place —

            (a)         a person who holds office as a registrar or deputy registrar of a court of the jurisdiction in which the place is located; or

            (b)         any other person.

        (7a)         The conditions of service (including remuneration as defined in Schedule 1 clause 5(1)) of a person appointed under subsection (7)(a) are those that the person is entitled to under the law of that other jurisdiction.

        (7b)         A person appointed under subsection (7)(a) ceases to hold office if the person ceases to hold office as a registrar or deputy registrar of the court of that other jurisdiction.

        (8)         A person appointed to an office in the administrative staff of the Court may perform the functions of the office at any place where the Court sits, unless the instrument appointing him or her provides otherwise.

        (8a)         With the approval of the Minister, a Registrar or Deputy Registrar may concurrently hold office as registrar or deputy registrar of a court of another jurisdiction.

        (8b)         Subsection (8a) does not require a Registrar or Deputy Registrar appointed under subsection (7)(a) or (b) to obtain the Minister’s approval to hold another office.

        (9)         A reference in a written law, other than this section, to a registrar of the Court includes a reference to the Principal Registrar and to a deputy registrar, unless a contrary intention appears.

        (10)         The Minister may delegate the Minister’s powers under this section, other than this power of delegation, to another person.

        [Section 26 amended: No. 7 of 2008 s. 157.]