Courts Administration Act 1993

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.