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TASMANIA
__________
SUPREME COURT AMENDMENT (JUDGES) BILL
2016
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Repeal of Act
PART 2 - SUPREME COURT ACT 1887 AMENDED
4. Principal Act
5. Section 1 amended (Interpretation)
6. Section 2 amended (Additional puisne judges)
7. Section 3 amended (Acting judges)
8. Section 4 substituted
4. Qualification for appointment
PART 3 - SUPREME COURT ACT 1959 AMENDED
9. Principal Act
10. Section 4 amended (Appointment of Associate Judge)
11. Section 4A amended (Power to appoint Acting Associate Judge)
[Bill 15]-VI
2
SUPREME COURT AMENDMENT (JUDGES) BILL
2016
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
5 May 2016
(Brought in by the Premier, the Honourable William Edward
Felix Hodgman)
A BILL FOR
An Act to amend the Supreme Court Act 1887 and the
Supreme Court Act 1959
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Supreme Court
Amendment (Judges) Act 2016.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 15] 3
Supreme Court Amendment (Judges) Act 2016
Act No. of
s. 3 Part 1 - Preliminary
3. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
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Supreme Court Amendment (Judges) Act 2016
Act No. of
Part 2 - Supreme Court Act 1887 Amended s. 4
PART 2 - SUPREME COURT ACT 1887 AMENDED
4. Principal Act
In this Part, the Supreme Court Act 1887* is
referred to as the Principal Act.
5. Section 1 amended (Interpretation)
Section 1 of the Principal Act is amended as
follows:
(a) by omitting the definition of barrister;
(b) by omitting the definition of solicitor.
6. Section 2 amended (Additional puisne judges)
Section 2 of the Principal Act is amended by
omitting "may appoint barristers of the Court,
duly qualified in that behalf, to be" and
substituting "may appoint persons to be".
7. Section 3 amended (Acting judges)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "he" and
substituting "he or she";
(b) by omitting from subsection (1) "his
instrument of appointment" and
*No. 36 of 1887
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Supreme Court Amendment (Judges) Act 2016
Act No. of
s. 7 Part 2 - Supreme Court Act 1887 Amended
substituting "the instrument of
appointment";
(c) by inserting the following subsections
after subsection (1A):
(1B) The Governor may appoint an
acting judge to that office on a
full-time basis, or a part-time
basis, as may be specified in the
instrument of appointment.
(1C) If -
(a) an acting judge has been
appointed to that office
until the happening of an
event or for a period
specified in the
instrument of
appointment; and
(b) that event occurs, or that
period expires, after the
acting judge has
commenced hearing a
matter but before the
acting judge has
determined the matter,
including determining any
applications for
consequential orders in
relation to the matter -
the acting judge is taken to have
been appointed to the office of
acting judge on a part-time basis,
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Supreme Court Amendment (Judges) Act 2016
Act No. of
Part 2 - Supreme Court Act 1887 Amended s. 7
or is taken to continue to be
appointed to the office of acting
judge on a part-time basis, until
the acting judge has so
determined the matter.
(d) by omitting from subsection (2) "he" and
substituting "he or she";
(e) by omitting from subsection (3) "An
acting judge" and substituting "If an
acting judge is appointed to that office on
a full-time basis, the acting judge";
(f) by inserting the following subsection
after subsection (3):
(3A) If an acting judge is appointed to
that office on a part-time basis,
the acting judge is entitled to be
paid out of the Consolidated
Revenue (which, to the necessary
extent, is appropriated
accordingly) a salary at the rate
of -
(a) for each full sitting day
the acting judge serves as
an acting judge for the
purposes of this Act,
1/230th of the annual
salary payable to a puisne
judge; or
(b) if the acting judge is
required to serve as acting
judge for less than a full
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Supreme Court Amendment (Judges) Act 2016
Act No. of
s. 8 Part 2 - Supreme Court Act 1887 Amended
sitting day, a proportion
of the rate specified in
paragraph (a) for a full
sitting day that is
equivalent to the
proportion of the sitting
day so served.
(g) by inserting the following subsection
after subsection (5):
(6) For the avoidance of doubt, an
acting judge appointed under this
section is not a puisne judge for
the purposes of section 2.
8. Section 4 substituted
Section 4 of the Principal Act is repealed and the
following section is substituted:
4. Qualification for appointment
(1) A person is eligible for appointment to
the office of judge of the Supreme Court
if the person -
(a) is an Australian lawyer of no less
than 10 years' standing who has
attained the age of 35 years; or
(b) is, or has been, a judge of -
(i) the Federal Court of
Australia; or
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Supreme Court Amendment (Judges) Act 2016
Act No. of
Part 2 - Supreme Court Act 1887 Amended s. 8
(ii) the Family Court of
Australia; or
(iii) the Supreme Court of
another State or a
Territory; or
(iv) the High Court of New
Zealand; or
(v) the Supreme Court of
New Zealand; or
(c) is, or has been, appointed as a
magistrate under the Magistrates
Court Act 1987.
(2) An appointment of a person as a judge
under this Act, as in force before the
commencement of the Supreme Court
Amendment (Judges) Act 2016, is not
invalid by reason only that the person did
not hold the qualifications, or had not
attained the age, required under this Act
as in force at the time of the appointment.
(3) An appointment of a person as a judge,
as referred to in subsection (2), is
deemed for the purposes of any Act -
(a) to have been validly made on the
relevant day; and
(b) to have always been validly made
on the relevant day; and
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Supreme Court Amendment (Judges) Act 2016
Act No. of
s. 8 Part 2 - Supreme Court Act 1887 Amended
(c) to have been validly made before
the person served as, or
performed or exercised a
function, duty or power of, a
judge under any Act -
and no action taken or omitted to be
taken by the person after such an
appointment is invalid by reason only
that, at the time when the action was
taken or omitted to be taken, this section
was not in force.
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Supreme Court Amendment (Judges) Act 2016
Act No. of
Part 3 - Supreme Court Act 1959 Amended s. 9
PART 3 - SUPREME COURT ACT 1959 AMENDED
9. Principal Act
In this Part, the Supreme Court Act 1959* is
referred to as the Principal Act.
10. Section 4 amended (Appointment of Associate
Judge)
Section 4 of the Principal Act is amended by
omitting subsection (2) and substituting the
following :
(2) A person is eligible for appointment to
the office of Associate Judge if the
person -
(a) is an Australian lawyer of no less
than 10 years' standing who has
attained the age of 35 years; or
(b) is, or has been, a judge of -
(i) the Federal Court of
Australia; or
(ii) the Family Court of
Australia; or
(iii) the Supreme Court of
another State or a
Territory; or
*No. 41 of 1959
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Supreme Court Amendment (Judges) Act 2016
Act No. of
s. 10 Part 3 - Supreme Court Act 1959 Amended
(iv) the High Court of New
Zealand; or
(v) the Supreme Court of
New Zealand; or
(c) is, or has been, appointed as a
magistrate under the Magistrates
Court Act 1987.
(3) An appointment of a person as Associate
Judge under this Act, as in force before
the commencement of the Supreme Court
Amendment (Judges) Act 2016, is not
invalid by reason only that the person did
not hold the qualifications required under
this Act as in force at the time of the
appointment.
(3A) An appointment of a person as Associate
Judge in respect of which subsection (3)
applies, is deemed for the purposes of
any Act -
(a) to have been validly made on the
relevant day; and
(b) to have always been validly made
on the relevant day; and
(c) to have been validly made before
the person served as, or
performed or exercised a
function, duty or power of,
Associate Judge under any Act -
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Supreme Court Amendment (Judges) Act 2016
Act No. of
Part 3 - Supreme Court Act 1959 Amended s. 11
and no action taken or omitted to be
taken by the person after such an
appointment is invalid by reason only
that, at the time when the action was
taken or omitted to be taken, this section
was not in force.
11. Section 4A amended (Power to appoint Acting
Associate Judge)
Section 4A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "who is
a barrister of at least 5 years' standing"
and substituting "who is eligible under
subsection (1A)";
(b) by inserting the following subsection
after subsection (1):
(1A) A person is eligible for
appointment to the office of
Acting Associate Judge if the
person is eligible for the office of
Associate Judge.
Government Printer, Tasmania 13