Environment, Resources and Development Court Act 1993

Subject to this section, the Senior Judge of the Court may determine, in relation to a particular matter or matters, or particular classes of matters, that the Court will be constituted of—

—

a Judge, a magistrate and not less than one commissioner;

a Judge and not less than two commissioners, (referred to as a full bench); or

a Judge, magistrate, commissioner or Judicial Registrar sitting alone; or

two or more commissioners.

When sitting to exercise its native title jurisdiction the Court must consist of, or include, a legal practitioner of at least 5 years' standing.

If the Court, when sitting to exercise its native title jurisdiction is to consist of, or include, a commissioner or two or more commissioners, the commissioner or at least one-half the number of the commissioners must be native title commissioners.

The Court will only be constituted of a full bench if—

the parties appearing at a conference request that the Court be constituted of a full bench; or

the Senior Judge of the Court is of the opinion that the questions to be determined by the Court are of such importance that they should be determined by a full bench of the Court.

The appointment of a person as a commissioner on the basis of expertise in a particular field or fields relevant to the exercise of jurisdiction under a particular Act does not prevent the commissioner being a member of a full bench hearing a matter or matters under another

Where the Court is, at the commencement of a hearing, constituted of a full bench and a member of the full bench dies or is for any reason unable to continue with the hearing—

if the member is the Judge—another Judge may be appointed by the Senior Judge of the Court to the full bench so that the bench may continue and complete the hearing and determination of the proceedings; or

in any other case—the remaining members of the full bench may, if the Judge so determines after consultation with the Senior Judge of the

Where the Court is, at the commencement of a hearing, constituted of two or more commissioners and a commissioner dies or is for any other reason unable to continue with the hearing, the remaining commissioner or commissioners may, if the Senior Judge of the Court so determines, continue and complete the hearing and determination of the proceedings, but otherwise the proceedings will be reheard.

Where proceedings are reheard, the members of the Court rehearing the proceedings may, for the purposes of those proceedings, have regard to any record of the proceedings made for the purposes of the earlier proceedings (including a record of any evidence taken in those proceedings).

The Court may be constituted of an Associate Judge for any purpose prescribed by a relevant Act or the rules of the

The Court may be constituted of a Judicial Registrar or a registrar—

for the purpose of adjourning proceedings; or

for any other purpose prescribed by the rules of the

The Court, when constituted of a magistrate, commissioner,

decide any other questions remaining between the parties;

make such orders as are necessary to dispose of the matter.

A decision or order of a Judge pursuant to subsection (8) is a decision or order of the

The following provisions apply in relation to the decision-making of the Court where the Court is constituted of two or more members:

where the Court is constituted as a full bench—

questions of law or procedure will be determined by the

other questions will be decided by majority decision of the persons constituting the Court unless there is an equal division of opinion, in which case, the decision of the Judge will be the decision of the

where the Court is constituted by two or more commissioners sitting without a Judge, questions will be decided by majority decision of the commissioners constituting the Court unless there is an equal division of opinion, in which case, the matter will be determined by a Judge, or by an umpire appointed by a Judge for the purpose of resolving the matter.

The Court may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters.

The Court may, if it considers it appropriate to do so, organise its business and regulate proceedings before the Court in such a way that two or more proceedings in respect of the same matter are heard together.

Where other provisions of this Act or the provisions of a relevant

Where the Court has jurisdiction to try a charge for any offence, the Court will be constituted of—

in the case of a minor indictable offence—a Judge;

in the case of a summary offence—a Judge or a magistrate.

If, during the course of a civil or criminal trial, the presiding

if reasons for judgment in final form were prepared by the presiding Judge or magistrate—another Judge or magistrate appointed by the Senior Judge of the Court may publish the reasons and grant judgment in accordance with them; or

in any other case—another Judge or magistrate appointed by the Senior Judge of the Court may complete the hearing and determination of the proceeding and—

rehear evidence and submissions to the extent that the Judge or magistrate thinks fit; and

make orders as appropriate.