Responsibilities of jurisdictional head
27C Responsibilities of jurisdictional head
The jurisdictional head of a court is responsible for ensuring the effective, orderly and expeditious discharge of the business of that court.
Without limiting the generality of subsection (1)—
the functions of the jurisdictional head include—
participating as a judicial officer of the court; and
managing the business of the court, including by ensuring that the court operates efficiently and effectively and continually improves the way in which it carries out its functions; and
providing leadership and guidance to the court and engendering cohesiveness and collaboration amongst the judicial officers and staff of the court; and
developing and implementing performance standards and setting benchmarks for the court; and
being responsible for promoting the training, education and professional development of judicial officers of the court; and
overseeing the proper use of the resources of the court;
and
providing advice to the Council, the Attorney‑General or other persons (as the jurisdictional head thinks fit) about—
the judicial officers of the court; and
the operations and activities of the court; and
the jurisdictional head may do all or any of the following:
make arrangements as to the judicial officer or judicial officers who is or are to constitute the court in particular matters (or classes of matters) or in particular places;
without limiting the generality of subparagraph (i)—assign particular cases, caseloads, classes of cases or functions to particular judicial officers of the court;
require a judicial officer of the court to assist in the administration of the court;
temporarily restrict a judicial officer of the court to non‑sitting duties;
require a judicial officer of the court to keep particular records;
require a judicial officer of the court to undergo a medical examination or counselling and to provide the jurisdictional head with a report on the examination or counselling;
counsel a judicial officer of the court in relation to any conduct that has the potential to undermine public confidence in the court;
and
the jurisdictional head must ensure that arrangements are in place to provide judicial officers with appropriate access to (or reimbursement for the cost of)—
annual health assessments; and
short‑term counselling services; and
judicial education; and
the jurisdictional head may issue requirements to a judicial officer of the court in response to a complaint referred under section 18 of the Judicial Conduct
Commissioner Act 2015; and
the jurisdictional head may take any measures that the jurisdictional head believes are reasonably necessary to maintain public confidence in the court (including, but not limited to, temporarily restricting another judicial officer to non‑sitting duties).
If a judicial officer refuses or fails to comply with a requirement issued by the jurisdictional head in response to a complaint referred under section 18 of the Judicial Conduct
Commissioner Act 2015, the jurisdictional head must, by notice in writing, report that refusal or failure to the
Attorney‑General and to the Judicial Conduct Commissioner (and the report to the Judicial Conduct Commissioner will be taken to be a referral of the matter in accordance with section 12(7) of that
Act).
A jurisdictional head of a court must give notice to the Judicial
Conduct Commissioner of any complaint made to the jurisdictional head in relation to the conduct of a judicial officer of the court (but the giving of such a notice does not, of itself, constitute a referral of the matter for the purposes of section 12(7) of the Judicial Conduct Commissioner
Act 2015).
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