Division 3Division 3 Organisation generally
(1) The Court shall sit at such places and times as the Chief Judge may direct.(2) More than one sitting of the Court may be held at the same time.
30 Arrangement of business of the Court
(1) The Chief Judge is responsible for ensuring the orderly and expeditious discharge of the business of the Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to:(a) the Judge, Commissioner or Commissioners who is or are to exercise the Court’s jurisdiction in particular matters or classes of matters, and(b) the Commissioner or Commissioners who is or are to exercise any other function under this Act.(2) Subject to subsections (2A), (2B) and (2C), in determining the Commissioner or Commissioners who is or are to exercise the jurisdiction of the Court or any other function under this Act in relation to any proceedings, regard shall be had to the knowledge, experience and qualifications of the Commissioners and to the nature of the matters involved in the proceedings.(2A) A Commissioner shall not exercise the jurisdiction of the Court or any other function under this Act in relation to any proceedings arising under the Aboriginal Land Rights Act 1983, unless the qualification for the Commissioner’s appointment was a qualification referred to in section 12 (2) (g).(2B) A Commissioner whose only qualification for appointment was a qualification referred to in section 12 (2) (g) shall not exercise the jurisdiction of the Court or any other function under this Act in relation to any proceedings other than proceedings arising under the Aboriginal Land Rights Act 1983.(2C) A Commissioner shall not exercise the jurisdiction of the Court or any other function under this Act in relation to proceedings in Class 8 of the Court’s jurisdiction unless the Commissioner is an Australian lawyer.(3) Where the hearing of any proceedings has been commenced or completed by 2 or more Commissioners in accordance with section 36 but, before the proceedings have been disposed of, one of those Commissioners has ceased to be a Commissioner or has ceased to be available for the purposes of the proceedings:(a) if the parties agree and the Chief Judge concurs, the proceedings may be heard and disposed of, or disposed of, by the remaining Commissioner or Commissioners, or(b) in any other case—the proceedings shall be reheard in accordance with this Act.(4) Where proceedings are reheard, as referred to in subsection (3), the Court or the Commissioner or Commissioners rehearing the proceedings may, for the purposes of those proceedings, have regard to any record of the proceedings before the Commissioners referred to in that subsection, including a record of any evidence taken in the proceedings.
31 Irregularity of proceedings
(1) This section applies if the Court determines, on application by a party or of its own motion, that any proceedings before it are not being dealt with in the manner appropriate to the class of jurisdiction to which they belong.(2) In the circumstances referred to in subsection (1), the Court may make either of the following orders on such terms as may be necessary:(a) an order that the proceedings be dismissed,(b) an order that the proceedings be dealt with in the appropriate manner.(3) If the Court makes an order referred to in subsection (2) (b):(a) the proceedings are taken to have been duly commenced, and(b) any step that has been taken in the proceedings is deemed to have been duly taken.(4) The Court may make such orders as it thinks fit for the future conduct of the proceedings.
33 Exercise of jurisdiction generally
(1) Classes 1, 2 and 3 of the Court’s jurisdiction shall, in accordance with this Act, be exercised by a Judge or one or more Commissioners.(2) Classes 4, 5, 6 and 7 of the Court’s jurisdiction shall, in accordance with this Act, be exercised by a Judge.(2A) Class 8 of the Court’s jurisdiction shall, in accordance with this Act, be exercised by a Judge or by a Commissioner who is an Australian lawyer.(3) The Court’s jurisdiction under section 16 (1A) is to be exercised by a Judge, but this subsection does not prevent a Judge from being assisted by one or more Commissioners in accordance with section 37.