COURTS AND TRIBUNALS LEGISLATION AMENDMENT (ADMINISTRATION) BILL 2012

i Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. , 2012

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--National Native Title Tribunal

Part 1--Administration of the Tribunal

Native Title Act 1993

Part 2--Reporting and financial matters

Native Title Act 1993

Part 3--References to staff

Native Title Act 1993

Part 4--Saving and transitional provisions

Schedule 2--Family Court and Federal Circuit Court

Part 1--Main amendments

Family Law Act 1975

Federal Circuit Court of Australia Act 1999

Ombudsman Act 1976

Part 2--Saving and transitional provisions

Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. , 2012 1

A Bill for an Act to amend legislation relating to the

administration of certain federal courts and the

National Native Title Tribunal, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Courts and Tribunals Legislation

Amendment (Administration) Act 2012.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. ,

2012

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

The day this Act receives the Royal Assent.

3. Schedule 2

The later of:

(a) the start of 1 July 2013; and

(b) immediately after the commencement of

Schedule 2 to the Federal Circuit Court

of Australia (Consequential

Amendments) Act 2012.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

National Native Title Tribunal Schedule 1

Administration of the Tribunal Part 1

Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. , 2012

Schedule 1--National Native Title Tribunal

Part 1--Administration of the Tribunal

Native Title Act 1993

1 Section 96

Repeal the section, substitute:

96 President may give directions to Registrar

The President may give the Registrar directions regarding the

exercise of the Registrar's powers under this Part.

2 Subdivision A of Division 4 of Part 6

Repeal the Subdivision, substitute:

Subdivision A--Management responsibilities etc. of President

of Tribunal and Registrar of Federal Court

128 Management of administrative affairs of Tribunal

(1) The President is responsible for managing the administrative

affairs of the Tribunal.

(2) However, the President is not responsible under subsection (1) for

matters under:

(a)

the

Financial Management and Accountability Act 1997; or

(b)

the

Public Service Act 1999;

relating to the Tribunal.

Note 1:

For the purposes of the Financial Management and Accountability Act

1997, the Registrar of the Federal Court is the Chief Executive of the

prescribed Agency that includes the Native Title Registrar, Deputy

Registrars and staff assisting the Tribunal.

Note 2:

For the purposes of the Public Service Act 1999, the Deputy Registrars

and staff assisting the Tribunal are part of the Statutory Agency

declared under section 18Q of the Federal Court of Australia Act 1976

(see subsection 130(3A) of this Act). The Registrar of the Federal

Court is the Head of that Statutory Agency.

Schedule 1 National Native Title Tribunal

Part 1 Administration of the Tribunal

4 Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. ,

2012

129 Registrar of the Federal Court

(1) In the management of the administrative affairs of the Tribunal in

accordance with section 128, the President is to be assisted by the

Registrar of the Federal Court.

Powers, when assisting President

(2) The Registrar of the Federal Court may do all things necessary or

convenient to be done for the purpose of assisting the President

under subsection (1).

(3) In particular, the Registrar of the Federal Court may act for the

President in relation to the administrative affairs of the Tribunal for

which the President is responsible in accordance with section 128.

President may give directions

(4) The President may give the Registrar of the Federal Court

directions regarding the exercise of the powers of the Registrar of

the Federal Court under subsection (2) or (3).

129A Delegation by Registrar of the Federal Court

The Registrar of the Federal Court may, by signed instrument,

delegate all or any of the powers of the Registrar of the Federal

Court under this Division to any of the following:

(a) the Native Title Registrar;

(b) a Deputy Registrar of the Tribunal;

Note:

For other powers of delegation, see section 53 of the Financial

Management and Accountability Act 1997 and section 78 of the Public

Service Act 1999.

3 Subdivision B of Division 4 of Part 6 (heading)

Repeal the heading, substitute:

Subdivision B--Other officers, staff and consultants

4 Section 130 (heading)

Repeal the heading, substitute:

National Native Title Tribunal Schedule 1

Administration of the Tribunal Part 1

Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. , 2012

130 Deputy Registrars and staff etc.

5 Subsections 130(1), (2) and (3)

Repeal the subsections, substitute:

Deputy Registrars and staff

(1) There are to be such Deputy Registrars of the Tribunal, and staff

assisting the Tribunal, as are necessary.

(2) The Deputy Registrars are to be appointed by the Registrar of the

Federal Court.

(3) The Deputy Registrars and the staff assisting the Tribunal are to be

persons engaged under the Public Service Act 1999 and made

available for the purpose by the Registrar of the Federal Court.

Statutory Agency

(3A) For the purposes of the Public Service Act 1999, the Statutory

Agency declared under section 18Q of the Federal Court of

Australia Act 1976 includes the Deputy Registrars and the staff

assisting the Tribunal.

Note:

The Registrar of the Federal Court is the Head of that Statutory

Agency.

6 Subsection 130(4)

After "The Registrar", insert "of the Federal Court".

7 Subsection 130(5)

Repeal the subsection, substitute:

Powers etc.

(5) The Deputy Registrars and the staff assisting the Tribunal have

such duties, powers and functions as are given by this Act, by the

President or by the Registrar of the Federal Court.

8 Section 131

Repeal the section.

9 Section 131A (heading)

Schedule 1 National Native Title Tribunal

Part 1 Administration of the Tribunal

6 Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. ,

2012

Repeal the heading, substitute:

131A President may arrange for consultants to be engaged

10 Subsection 131A(1)

Omit "engage a person", substitute "arrange with the Registrar of the

Federal Court for a person to be engaged".

11 At the end of subsection 131A(1)

Add:

Note:

The Registrar of the Federal Court may enter into contracts on behalf

of the Commonwealth and has responsibilities under the Financial

Management and Accountability Act 1997 in relation to the Tribunal.

12 Subsection 131A(2)

Omit "President" (first occurring), substitute "Registrar of the Federal

Court".

13 Section 132 (heading)

Repeal the heading, substitute:

132 Registrar of the Federal Court may engage consultants

14 Subsection 132(1)

Repeal the subsection, substitute:

(1) The Registrar of the Federal Court may engage persons having

suitable qualifications and experience as consultants to, or to

perform services for, the Tribunal.

15 Section 136

After "Registrar", insert "of the Federal Court".

National Native Title Tribunal Schedule 1

Reporting and financial matters Part 2

Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. , 2012

Part 2--Reporting and financial matters

Native Title Act 1993

16 Subsection 133(1)

Omit "and give to the Commonwealth Minister".

17 Subsection 133(2)

Repeal the subsection.

18 Subsection 133(3)

Repeal the subsection, substitute:

(3) The President must give the report to the Chief Justice, for

inclusion in the report prepared for the relevant year under

section 18S of the Federal Court of Australia Act 1976.

Note:

The financial statements and audit report included in the annual report

prepared under section 18S of the Federal Court of Australia Act 1976

also cover the Tribunal. That annual report must be tabled in each

House of the Parliament under subsection 18S(3) of that Act.

19 Subsection 203BK(3)

Omit "the NNTT" (third occurring), substitute "the Commonwealth".

Schedule 1 National Native Title Tribunal

Part 3 References to staff

8 Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. ,

2012

Part 3--References to staff

Native Title Act 1993

20 Paragraph 94D(3)(a)

Omit "staff of the NNTT", substitute "staff assisting the NNTT".

21 Section 99

Omit "or of the members of the staff of the Tribunal", substitute "of the

Tribunal, or the members of the staff assisting the Tribunal,".

22 Subsection 136GC(5)

Omit "staff of the Tribunal", substitute "staff assisting the Tribunal".

23 Subsection 150(2) (heading)

Repeal the heading, substitute:

Member, officer or staff assisting to preside

24 Subsection 150(2)

Omit "or by an officer of the Tribunal", substitute ", an officer of the

Tribunal or a member of the staff assisting the Tribunal".

25 Subsection 181(1)

Omit "or officer of the Tribunal", substitute ", an officer of the

Tribunal, a member of the staff assisting the Tribunal".

National Native Title Tribunal Schedule 1

Saving and transitional provisions Part 4

Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. , 2012

Part 4--Saving and transitional provisions

26 Transitional--Deputy Registrars

A person who, immediately before the commencement of this item was

a Deputy Registrar of the Tribunal, as mentioned in subsection 130(1)

of the Native Title Act 1993, continues, after that commencement, as a

Deputy Registrar of the Tribunal, as if the person had been appointed by

the Registrar of the Federal Court.

27 Transitional--consultants

(1)

This item applies to a person if:

(a) before the commencement of this item, the person was

engaged as a consultant under subsection 132(1) of the

Native Title Act 1993; and

(b) the engagement was in effect immediately before that

commencement.

(2)

After the commencement of this item, the person is taken to be engaged

as a consultant under subsection 132(1) of the Native Title Act 1993 as

amended by this Schedule, on the same terms and conditions that

applied to the engagement immediately before that commencement.

28 Saving--agreements for NNTT to provide assistance to

representative bodies

The amendment of subsection 203BK(3) of the Native Title Act 1993

made by item 19 of this Schedule does not affect an agreement that was

in force between a representative body and the NNTT, as mentioned in

that subsection, immediately before the commencement of this item.

29 Transitional regulations

The Governor-General may make regulations prescribing matters of a

transitional nature (including prescribing any saving or application

provisions) relating to amendments and repeals made by this Schedule.

Schedule 2 Family Court and Federal Circuit Court

Part 1 Main amendments

10 Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. ,

2012

Schedule 2--Family Court and Federal Circuit

Court

Part 1--Main amendments

Family Law Act 1975

1 Subsection 4(1) (paragraph (a) of the definition of

appropriate officer)

Omit "of the Family Court".

2 Subsection 4(1) (at the end of the definition of Chief

Executive Officer)

Add "and the Federal Circuit Court".

3 Subsection 4(1)

Insert:

Federal Circuit Court means the Federal Circuit Court of

Australia.

4 Section 11B (note)

Omit "The Chief Executive Officers of the Family Court and the

Federal Circuit Court of Australia have", substitute "The Chief

Executive Officer has".

5 Subparagraph 11E(1)(e)(i)

Omit "of that court".

6 Section 38B

Omit "a Chief", substitute "the Chief".

7 Division 2 of Part IVA (heading)

Repeal the heading, substitute:

Division 2--Chief Executive Officer

8 Section 38C

Family Court and Federal Circuit Court Schedule 2

Main amendments Part 1

Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. , 2012

Repeal the section, substitute:

38C Establishment and appointment of Chief Executive Officer

(1) There is to be a Chief Executive Officer of the Family Court and

the Federal Circuit Court.

(2) The Chief Executive Officer is to be appointed by the

Governor-General on the joint nomination of the Chief Judge of

the Family Court and the Chief Judge of the Federal Circuit Court.

9 At the end of subsection 38D(3)

Add "under this Act".

10 Subsection 38F(4)

Omit "by the Chief Judge", substitute "jointly by the Chief Judge and

the Chief Judge of the Federal Circuit Court".

11 Subsection 38G(2)

Repeal the subsection, substitute:

(2) The Chief Judge and the Chief Judge of the Federal Circuit Court

may jointly grant the Chief Executive Officer leave of absence,

other than recreation leave, on such terms and conditions as the

Chief Judge and the Chief Judge of the Federal Circuit Court, with

the approval of the Attorney-General, jointly determine.

12 Subsection 38J(1)

After "Chief Judge", insert "and the Chief Judge of the Federal Circuit

Court".

13 Section 38L

After "Chief Judge", insert "and the Chief Judge of the Federal Circuit

Court".

14 Section 38M

Omit all the words before paragraph (a), substitute:

The Chief Judge and the Chief Judge of the Federal Circuit Court

may, in writing, jointly appoint a person to act in the office of

Chief Executive Officer:

Schedule 2 Family Court and Federal Circuit Court

Part 1 Main amendments

12 Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. ,

2012

15 At the end of section 38Q

Add:

Note:

The Statutory Agency declared by this section also includes officers

and members of staff of the Federal Circuit Court who are APS

employees (see section 112A of the Federal Circuit Court of Australia

Act 1999).

16 Subsection 38S(2)

Repeal the subsection.

Federal Circuit Court of Australia Act 1999

17 Section 5 (definition of Chief Executive Officer)

Repeal the definition, substitute:

Chief Executive Officer means the Chief Executive Officer of the

Family Court and the Federal Circuit Court appointed under

section 38C of the Family Law Act 1975.

18 Sections 94 and 95

Repeal the sections.

19 Section 97

Repeal the section.

20 Section 100

Omit "officer", substitute "officers".

21 After section 112

Insert:

112A APS employees are included in Statutory Agency under the

Family Law Act

(1) For the purposes of the Public Service Act 1999, the APS

employees referred to in section 101 (Registrars), subsection

106(1) (Sheriff), subsection 109(1) (Marshal), section 111A

(family consultants) and section 112 (staff) are included in the

Statutory Agency declared by section 38Q of the Family Law Act

1975.

Family Court and Federal Circuit Court Schedule 2

Main amendments Part 1

Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. , 2012

Note:

The Chief Executive Officer is the Head of that Statutory Agency (see

section 38Q of the Family Law Act 1975).

(2) Subsection (1) does not apply to an officer, or a member of the

staff, of the Federal Circuit Court of Australia who is also an

officer, or a member of the staff, of the Federal Court.

22 Subsection 117(2)

Repeal the subsection.

23 Schedule 2

Repeal the Schedule.

Ombudsman Act 1976

24 Subsection 3(1) (paragraphs (c) and (ca) of the definition

of chief executive officer of a court or tribunal)

Repeal the paragraphs, substitute:

Executive Officer within the meaning of subsection 4(1) of

the Family Law Act 1975;

(ca) in relation to the Federal Circuit Court of Australia--the

Chief Executive Officer within the meaning of section 5 of

the Federal Circuit Court of Australia Act 1999;

Schedule 2 Family Court and Federal Circuit Court

Part 2 Saving and transitional provisions

14 Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. ,

2012

Part 2--Saving and transitional provisions

25 Saving--existing Chief Executive Officer

(1)

This item applies to the person who, immediately before the

commencement of this item (the commencement time), held office as

the Chief Executive Officer of the Family Court under section 38C of

the Family Law Act 1975.

(2)

After the commencement time, the person holds office as the Chief

Executive Officer of the Family Court and the Federal Circuit Court as

if the person had been appointed to that office under subsection 38C(2)

of the Family Law Act 1975, as in force after the commencement time,

on the joint nomination of the Chief Judge of the Family Court and the

Chief Judge of the Federal Circuit Court.

(3)

The person holds office as the Chief Executive Officer of the Family

Court and the Federal Circuit Court:

(a) for the balance of the person's term of appointment as the

Chief Executive Officer of the Family Court that remained

immediately before the commencement time; and

(b) on the same terms and conditions as applied to the person

immediately before the commencement time.

(4)

If a determination under subsection 38F(4) of the Family Law Act 1975

(additional terms and conditions of appointment) is in force

immediately before the commencement time, the determination

continues in force after the commencement time as if it had been made

by the Chief Judge of the Family Court and the Chief Judge of the

Federal Circuit Court acting jointly under subsection 38F(4) of that Act,

as in force after the commencement time.

26 References in instruments to Chief Executive Officer of

the Family Court or Chief Executive Officer of the

Federal Circuit Court

(1) If:

(a) an instrument is in force immediately before the

commencement of this item; and

(b) the instrument contains a reference to the Chief Executive

Officer of the Family Court of Australia or the Chief

Executive Officer of the Federal Circuit Court of Australia;

Family Court and Federal Circuit Court Schedule 2

Saving and transitional provisions Part 2

Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. , 2012

the instrument has effect after that commencement as if the reference

were a reference to the Chief Executive Officer of the Family Court and

the Federal Circuit Court referred to in section 38C of the Family Law

Act 1975.

(2)

The Minister may, by writing, determine that subitem (1) does not apply

in relation to a specified reference. A determination under this subitem

has effect accordingly.

(3)

The regulations may provide that an instrument containing a reference

specified in a determination under subitem (2) has effect, after the

commencement time, as if the reference were a reference to a person

other than the Chief Executive Officer of the Family Court and the

Federal Circuit Court referred to in section 38C of the Family Law Act

1975.

(4)

A determination made under subitem (2) is not a legislative instrument.

27 Things done by, or in relation to, the Chief Executive

Officer of the Family Court or Chief Executive Officer of

the Federal Circuit Court

(1)

If, before the commencement of this item, a thing was done by, or in

relation to, the Chief Executive Officer of the Family Court of Australia

or the Chief Executive Officer of the Federal Circuit Court of Australia,

then after that commencement, the thing is taken to have been done by,

or in relation to, the Chief Executive Officer of the Family Court and

the Federal Circuit Court referred to in section 38C of the Family Law

Act 1975.

(2)

The Minister may, by writing, determine that subitem (1) does not apply

in relation to a specified thing done by, or in relation to, the Chief

Executive Officer of the Family Court of Australia or the Chief

Executive Officer of the Federal Circuit Court of Australia. A

determination under this subitem has effect accordingly.

(3)

The regulations may provide for a thing specified in a determination

under subitem (2) to be taken to have been done by, or in relation to, a

person other than the Chief Executive Officer of the Family Court and

the Federal Circuit Court referred to in section 38C of the Family Law

Act 1975.

(4)

A determination made under subitem (2) is not a legislative instrument.

Schedule 2 Family Court and Federal Circuit Court

Part 2 Saving and transitional provisions

16 Courts and Tribunals Legislation Amendment (Administration) Bill 2012 No. ,

2012

(5)

To avoid doubt, the amendments made by this Schedule do not affect

the validity of anything done by the Chief Executive Officer of the

Family Court of Australia or the Chief Executive Officer of the Federal

Circuit Court of Australia before the commencement of this item.

28 Transitional regulations

The Governor-General may make regulations prescribing matters of a

transitional nature (including prescribing any saving or application

provisions) relating to amendments and repeals made by this Schedule.

Commonwealth of Australia Bills

COURTS AND TRIBUNALS LEGISLATION AMENDMENT (ADMINISTRATION) BILL 2012