Part 8 Associate Judges and officers
111 Appointment of associate Judges and acting associate Judges
(1) The Governor may appoint one or more associate Judges.(2) The Governor may appoint one or more acting associate Judges.(3) Each person so appointed is to be a person who:(a) holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, or(b) is an Australian lawyer of at least 5 years’ standing.(4) (Repealed)(5) A registrar may, if qualified in accordance with subsections (3) and (4), be appointed an acting associate Judge and, if so appointed, may retain his or her office as registrar.(6) A retired associate Judge may be appointed under subsection (2) as an acting associate Judge even though the retired associate Judge has reached the age of 72 years (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 75 years.
(1) The appointment of a person to the office of associate Judge or acting associate Judge shall, subject to this Division, be on such terms and conditions (except as to remuneration or pension) as may be specified in the instrument of the person’s appointment or as may be agreed by the Governor and the officer.(2) An associate Judge or acting associate Judge is entitled to be paid:(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and(b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the associate Judge or acting associate Judge.
113 Public Sector Employment and Management Act 2002
(1) The Public Sector Employment and Management Act 2002 does not apply to an associate Judge.(2) Despite subsection (1), if the Public Sector Employment and Management Act 2002 applies to a person immediately before the person’s appointment as associate Judge, the person is entitled to receive any deferred or extended leave and any privileges as if the person had remained an officer within the meaning of that Act.(3) The Public Sector Employment and Management Act 2002 does not apply to an acting associate Judge unless that Act applies to the acting associate Judge immediately before his or her appointment as acting associate Judge.
(1) The Superannuation Act 1916 shall not apply to an associate Judge.(2) Where an associate Judge is at the time of the associate Judge’s appointment as associate Judge a contributor or pensioner under the Superannuation Act 1916:(a) there shall be paid to the associate Judge out of the State Superannuation Fund a sum equal to the contributions paid by the associate Judge to the fund after deducting the sum of any payments to the associate Judge of pension under that Act, but without interest, and(b) the associate Judge shall not, nor shall any spouse, de facto partner or child of the associate Judge’s, be entitled to receive any other payment or pension under that Act.Note. “De facto partner” is defined in section 21C of the Interpretation Act 1987.(3) The Superannuation Act 1916 shall not apply to an acting associate Judge unless that Act applies to the acting associate Judge immediately before the acting associate Judge’s appointment as acting associate Judge.(4) (Repealed)
115 Resignation and tenure of associate Judges and acting associate Judges
(1) An associate Judge or an acting associate Judge may:(a) resign from office by instrument in writing, or(b) (Repealed)(2) (Repealed)(3) An acting associate Judge shall, subject to subsection (1), hold office for such term as the Governor may specify in the instrument of the acting associate Judge’s appointment.(4) Except as provided by section 111 (6), the term for which an acting associate Judge holds office shall not extend beyond the day on which the associate Judge reaches the age of 72 years.
The Governor may:(a) assign an associate Judge or an acting associate Judge:(i) to the Court of Appeal,(ii) to the Court of Appeal and any one or more Divisions, or(iii) to any one or more Divisions, and(b) revoke an assignment of an associate Judge or acting associate Judge to the Court of Appeal or to any Division.
Where two or more associate Judges are assigned to the Court of Appeal or to any Division, they shall, subject to the terms of any instrument of assignment, have seniority amongst themselves in accordance with the order of their assignments to the Court of Appeal or to that Division, as the case may be.
117A Powers: associate Judge in Court of Appeal
(1) In this section, associate Judge in the Court of Appeal means an associate Judge or acting associate Judge assigned to the Court of Appeal or an associate Judge or acting associate Judge directed by the Chief Justice to act in the Court of Appeal.(2) An associate Judge in the Court of Appeal may exercise such powers of the Court of Appeal (and only such powers) as are exercisable by a Judge of Appeal under section 46 and are, by or under this or any other Act, conferred upon an associate Judge assigned to the Court of Appeal.(3) A judgment given or an order made by an associate Judge in the Court of Appeal may be discharged or varied by the Court of Appeal.(4) Subject to subsection (3), a judgment given or an order made or direction given by an associate Judge in the Court of Appeal shall have effect as a judgment or order or direction of the Court of Appeal, whether or not the judgment, order or direction is within the powers mentioned in this section of an associate Judge in the Court of Appeal.(5) An associate Judge in the Court of Appeal shall constitute the Court of Appeal for the purpose of the exercise of the powers mentioned in subsection (2).
118 Powers: divisional associate Judge
(1) In this section, divisional associate Judge means, in relation to any Division, an associate Judge or acting associate Judge assigned to the Division or an associate Judge or acting associate Judge directed by the Chief Justice to act in the Division.(2) A divisional associate Judge may exercise such powers of the Court in the Division (and only such powers) as are, by or under this or any other Act, conferred upon an associate Judge assigned to the Division.(3) A judgment given or an order made by a divisional associate Judge in any Division may be set aside or varied by the Court.(4) Subject to subsection (3), a judgment given or an order made or direction given by a divisional associate Judge in any Division shall have effect as a judgment or order or direction of the Court in the Division, whether or not the judgment, order or direction is within the powers mentioned in this section of the divisional associate Judge.(5) A divisional associate Judge in any Division shall constitute the Court in that Division for the purpose of the exercise of the powers mentioned in subsection (2).
Division 2 Registrars and other officers
(1) There are such registrars as may be appointed from time to time, including a Principal Registrar of the Court, a Registrar of the Court of Appeal, and a Registrar of each Division.(2) The registrar of the Common Law Division shall be called the Prothonotary.(3) Notwithstanding the provisions of any other Act, a registrar may exercise the powers of any other registrar if and so far as he or she is authorised to do so by the rules, and, when so doing, he or she shall be deemed to be that other registrar.
The following persons may be employed under Chapter 2 of the Public Sector Employment and Management Act 2002:(a) persons to fill the offices mentioned in section 119,(b) persons to act temporarily in any of those offices,(c) persons to be deputies of any of those officers (whether designated as deputies, assistants or otherwise),(d) such other officers as may be necessary for carrying out the provisions of this Act and the rules and any other Act, regulations or rules relating to the Court.
120A Exercise of powers of registrar and deputy registrar by other officers
(1A) The registrar of the Court of Criminal Appeal may, subject to the rules, exercise the powers of a registrar of the Supreme Court and, when exercising those powers, is taken to be a registrar of the Supreme Court.(1B) An officer of the Court of Criminal Appeal may, subject to the rules, exercise the powers of an officer of the Supreme Court and, when exercising those powers, is taken to be an officer of the Supreme Court.(1) The Chief Justice may, by order in writing, authorise a particular court officer, or a court officer of a particular class, to exercise the powers of deputy registrar of the Supreme Court.(2) A court officer so authorised may exercise the powers conferred on a deputy registrar of the Court by or under this Act and, when exercising those powers, is taken to be a deputy registrar of the Court.(3) A court officer so authorised may also exercise the powers conferred on a registrar of the Court by or under this Act or the Criminal Appeal Act 1912, if he or she is authorised to do so by the Chief Justice by the order referred to in subsection (1) or by further order in writing.Note. The Criminal Appeal Act 1912 confers power on a registrar of the Court to exercise the powers conferred on a registrar of the Court of Criminal Appeal.(4) In this section:court officer means:
(a) an officer of the Supreme Court, or(b) a registrar of the Local Court or a member of staff of the Attorney General’s Department employed in the Local Court.
(1) In this section officer means a registrar, taxing officer, or other officer of the Court.(2) An officer may exercise such powers of the Court as are, by or under this or any other Act, conferred upon the officer.(3) A judgment given or an order made by an officer may be set aside or varied by the Court.(4) Subject to subsection (3), a judgment given or an order made or direction given by an officer shall have effect as a judgment or order or direction of the Court, whether or not the judgment, order or direction is within the powers mentioned in this section of the officer.(5) An officer shall constitute the Court for the purpose of the exercise of the powers mentioned in subsection (2).