Queensland Numbered Acts

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CIVIL PROCEEDINGS ACT 2011 No. 45 - SECT 126

126 Replacement of ss 36 and 36A

Sections 36 and 36A—

omit, insert—

'(1) The Governor in Council may appoint a principal registrar.

'(2) The chief executive may appoint registrars (other than the principal registrar) and other officers the chief executive considers appropriate.

'(3) A person appointed under this section is employed under the Public Service Act 2008.

'(1) A registrar may delegate the registrar's functions to an appropriately qualified person who is a public service employee in the District Court Registry.

'(2) In this section—

appropriately qualified, for a public service employee to whom a function may be delegated, includes having the qualifications, experience or standing appropriate for the function.

Example of standing—
a person's classification level in the public service

functions includes powers.

'The principal registrar may give directions to the registrars and other officers employed in any office of the District Court Registry.

'(1) This section applies if the District Court is to sit at a place where an office of the District Court Registry does not exist.

'(2) If a regional office or a district office of the Supreme Court Registry exists at the place, that office is taken to be an office of the District Court Registry at the place and the registrar, bailiff and other officers of the Supreme Court at the place are taken to be the corresponding officers of the District Court at the place.

Example—
The registrar of the Supreme Court at the place is taken to be the registrar of the District Court at the place.

'(3) If subsection (2) does not apply and a Magistrates Court Registry exists at the place, that registry is taken to be an office of the District Court Registry at the place and the registrar, bailiff and other officers of the Magistrates Court at the place are taken to be the corresponding officers of the District Court at the place.

Example—
A bailiff of the Magistrates Court at the place is taken to be a bailiff of the District Court at the place.

'(4) Without limiting subsections (2) and (3), an officer taken to be a corresponding officer of the District Court at a place has the functions, powers and jurisdiction of the officer of the District Court.

'(1) The Chief Judge may appoint a person nominated by a judge as an associate to the judge.

'(2) An associate is appointed under this Act and not under the Public Service Act 2008.

'(3) The Governor in Council is to decide the salary and conditions of appointment for an associate appointed under subsection (1).'.



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