Courts Administration Act 1993

This Act may be cited as the Courts Administration

Act 1993.

The objects of this Act are—

to establish the State Courts Administration Council as an administrative authority independent of control by executive government;

to confer on the Council power to provide courts with the administrative facilities and services necessary for the proper administration of justice.

In this Act, unless the contrary intention appears—

Administrator means the State Courts

Administrator appointed under this Act;

Council means the State Courts Administration

Council established under this Act;

parliamentary committee means a committee of either or both Houses of Parliament;

participating courts means—

the Supreme Court; and

the District Court; and

the Environment, Resources and Development Court; and

the Youth Court of South Australia; and

the Magistrates Court; and

the Coroner's Court; and

any other court or tribunal declared by regulation to be a participating court;

prescribed position means a position on the staff of the Council designated by regulation as a prescribed position;

senior staff of the Council means those members of the staff of the Council holding prescribed positions.

The Council, the Administrator and the other staff of the Council may be collectively referred to as the Courts Administration

Authority.

The State Courts Administration Council is established.

The Council is a body corporate.

The Council is an instrumentality of the

Crown.

A document apparently bearing the Council's common seal will, in the absence of evidence to the contrary, be taken to have been duly executed by the Council.

The Council consists of—

the Chief Justice of the Supreme Court; and

the Chief Judge of the District Court; and

the Chief Magistrate of the Magistrates Court; and

the Judge of the Youth Court, appointed by the Governor in accordance with subsection (1a); and

the State Coroner, appointed by the Governor in accordance with subsection (1a); and

the Senior Judge of the Environment, Resources and Development Court, appointed by the Governor in accordance with subsection (1a); and

2 members appointed by the Governor with the concurrence of the members referred to in the preceding paragraphs (being persons with extensive experience in human resources management, finance or public administration).

A person appointed to an office referred to in subsection (1)(d), (e) or (f) may only be appointed as a member of the Council—

on the written request of the person; and

with the concurrence of the Chief Justice of the Supreme Court.

A person who is, or who was within the 2 years immediately preceding appointment, the Administrator or a member of the staff of the Council cannot be appointed as a member of the Council under subsection (1)(g).

A member of the Council appointed under subsection (1)(g) holds office on conditions, and for a term (not exceeding 5 years), specified in the instrument of appointment (but, on completion of a term of appointment, is eligible for reappointment).

The Governor may, with the concurrence of the members referred to in subsection (1)(a), (b) and (c), appoint a person to be the deputy of a member of the Council appointed under subsection (1)(g) (and the deputy may act as a member of the Council during any period of absence of the member in relation to whom the deputy has been appointed).

The office of a member of the Council appointed under subsection (1)(d), (e) or (f) becomes vacant if the member—

ceases to be the Judge of the Youth Court, State Coroner or Senior Judge of the Environment, Resources and Development Court (as the case requires); or

is removed from office by the Governor at the request of the Chief Justice; or

resigns by written notice to the Governor.

The office of a member of the Council appointed under subsection (1)(g) becomes vacant if the member—

dies; or

completes a term of office and is not reappointed; or

resigns by written notice to the Governor; or

is convicted of—

an indictable offence against the law of this State; or

an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or

an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or

is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or

is removed from office by the Governor under subsection (1g).

The Governor may remove a member of the Council appointed under subsection (1)(g) from office—

for misconduct or conduct that brings the Council into disrepute; or

for breach of, or non-compliance with, a condition of appointment; or

if the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or

if the member has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or

if the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or

for incompetence or neglecting the duties of the position; or

any other reason the Governor thinks fit.

A member of the Council appointed under subsection (1)(g) is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995.

A member of the Council (other than a member appointed under subsection (1)(g)) may appoint a judicial officer of the relevant court to be an associate member of the Council.

An associate member of the Council is a deputy of the member by whom the associate member was appointed and may, in the absence of that member, act as a member of the Council.

An associate member of the Council is entitled to attend meetings of the Council but, except when acting in the absence of a member, is not entitled to a vote on any question before the Council.

The Council will meet at such times and places as may be determined by the Chief Justice.

The Chief Justice or, in the Chief Justice's absence, the Chief Justice's deputy, will preside at any meeting of the Council.

The Chief Justice or, in the Chief Justice's absence, the Chief Justice's deputy, and 2 other members of the Council (1 of whom must be a member of the Council other than a member appointed under section 7(1)(d), (e), (f) or (g)) constitute a quorum of the Council.

A decision supported by the votes of the Chief Justice or, in the Chief Justice's absence, the Chief Justice's deputy and 2 other members of the Council (1 of whom must be a member of the Council other than a member appointed under section 7(1)(d), (e), (f) or (g)) is a decision of the Council.

The Council is responsible for providing, or arranging for the provision of, the administrative facilities and services for participating courts that are necessary to enable those courts and their staff properly to carry out their judicial and administrative functions.

A participating court remains, however, responsible for its own internal administration.

The Council may establish administrative policies and guidelines to be observed by participating courts in the exercise of their administrative responsibilities.

Any such administrative policies and guidelines must be published in the annual report for the financial year in which they are established.

Subject to subsection (2), the Council has the powers of a natural person and may for example—

enter into any form of contract or arrangement;

acquire, hold, deal with and dispose of real and personal property;

provide services on terms and conditions determined by the

Council.

The Council may not, without the Governor's consent—

incur contractual liabilities exceeding a limit fixed by regulation for the purposes of this section; or

enter into a contract of a class prescribed by regulation for the purposes of this section; or

acquire or dispose of an interest in real property.

The Council must, before entering into a transaction of a class prescribed by regulation for the purposes of this subsection, observe the appropriate procedures prescribed by regulation.

The Council may, by instrument in writing, delegate any of its powers under this or any other Act.

A delegation of power under this section—

is revocable at will; and

does not derogate from the power of the Council to act itself in any matter.

A delegation must be reported in the annual report for the financial year in which the delegation is made.

The Council must make such reports to the Attorney-General as may be necessary to ensure that the Attorney-General is kept properly informed about the administration of the participating courts.

The Council must, at the request of the Attorney-General, report to the Attorney-General on any matter relevant to the administration of a participating court.