A notice of intention to resign given under s 9(2) of the Magistrates Act 1983 (SA) has the same legal effect as a notice of resignation and cannot be unilaterally withdrawn. Magistrates in South Australia are not employees of the Crown working under contracts of employment; the statutory regime establishing judicial independence is incompatible with an employment relationship. The decision of a Chief Magistrate to raise the question of resignation with a magistrate does not attract an obligation to afford procedural fairness.
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