Magistrates Court Act 1987

Magistrates Court Act 1987

This Act may be cited as the Magistrates Court Act 1987.

This section and section 1 shall commence on the day on which this Act receives the Royal Assent.

Except as provided in subsection (1), this Act shall commence on a day to be fixed by proclamation.

In this Act, unless the contrary intention appears –

Administrator of the Magistrates Court or Administrator means the person who is appointed as Administrator of the Magistrates Court pursuant to section 16;

Chief Magistrate means the person who is appointed as Chief Magistrate pursuant to section 5;

committee means the committee continued in existence by section 15AC under the name "Magistrates Rule Committee";

complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

coroner means a coroner within the meaning of the Coroners Act 1995;

Deputy Chief Magistrate means the person who is appointed as Deputy Chief Magistrate pursuant to section 6(1), and includes an acting Deputy Chief Magistrate temporarily appointed pursuant to section 6(7);

division means a division of the Magistrates Court;

function includes duty;

lower courts means – the Magistrates Court; courts of summary jurisdiction within the meaning of the Justices Act 1959; the Land Valuation Court continued under Part 7 of the Valuation of Land Act 2001; a tribunal under any Act – that is constituted by a magistrate; or of which a magistrate is the chairperson;

magistrate means a person who is appointed as a magistrate pursuant to section 4, and includes a person who, by virtue of section 19(1), is deemed to have been so appointed;

Magistrates Court means the Magistrates Court of Tasmania established by this Act;

minor civil claim means a minor civil claim within the meaning of the Magistrates Court (Civil Division) Act 1992;

the regulations means regulations made and in force under this Act.

Secretary means the Secretary of the Department.

There is established by this Act a court to be known as the Magistrates Court of Tasmania.

The Magistrates Court is a court of record and shall have jurisdiction throughout the State.

The Magistrates Court consists of the Chief Magistrate, the Deputy Chief Magistrate, and the magistrates.

The Magistrates Court shall have such jurisdictions as are conferred on it by or under this Act or any other Act.

For the purposes of the organization and conduct of the business of the Magistrates Court, the Court shall exercise its jurisdictions in divisions, which may be created by or under this Act or any other Act and every proceeding in the Court shall be instituted, heard, and determined in one of those divisions.

Where an Act confers a jurisdiction on the Magistrates Court but does not specify in which division proceedings under that Act shall be adjudicated upon, the Chief Magistrate shall direct in which division the proceedings shall be instituted, heard, and determined.

The Chief Magistrate may assign in writing a magistrate (including himself or herself and the Deputy Chief Magistrate) to such division or divisions of the Magistrates Court as he or she thinks fit.

A magistrate who is not assigned to a division or divisions of the Magistrates Court may take part in the exercise of the jurisdiction of the Magistrates Court in any of its divisions but, subject to subsection (6), a magistrate who is assigned to a division or divisions of the Court shall take part in the exercise of the jurisdiction of the Court in that division or those divisions only.

Where he or she considers that circumstances make it desirable to do so, the Chief Magistrate may arrange for a magistrate who is assigned to a division or divisions of the Court to take part in the exercise of the jurisdiction of the Court in another division of the Court, and the magistrate shall take part in the exercise of that jurisdiction accordingly.

Subject to this Act, the Governor may appoint such magistrates as the Governor thinks fit.

Under subsection (1), a person may be appointed as a – permanent full-time magistrate; or permanent part-time magistrate.

If the nature of a person's appointment under subsection (1) is not specified in the instrument of appointment, the person is taken to have been appointed as a permanent full-time magistrate.

A permanent part-time magistrate holds office for such term, not exceeding 5 years, as is specified in the instrument of appointment.

A person appointed as a permanent full-time magistrate may, by written agreement with the Chief Magistrate made with the approval of the Attorney-General, perform the duties of that office on a part-time basis for a period specified in the agreement.

An agreement under subsection (1D) is to specify the hours of duty that the magistrate concerned will ordinarily be expected to work whilst performing the duties of that office on a part-time basis, expressed as a proportion of the time that a permanent full-time magistrate is ordinarily expected to work.

The hours of duty specified in an agreement under subsection (1D) may be varied by written agreement between the magistrate concerned and the Chief Magistrate made with the approval of the Attorney-General.

Subsection (1D) does not apply to the Deputy Chief Magistrate.

A magistrate is not subject to the State Service Act 2000 but a State Service officer or State Service employee who is appointed as a magistrate retains all of his or her existing and accruing rights as if his or her service as a magistrate were a continuation of the State Service employment.

Where a person ceases to hold the office of magistrate and becomes a State Service officer or State Service employee, the person's service in that office shall be regarded as service as such an officer or employee for the purposes of determining the person's rights as an officer or employee under the State Service Act 2000.

The Governor may, for any temporary purpose, appoint such number of qualified persons as the Governor considers necessary as temporary magistrates, and each person so appointed shall hold office for such period, on such terms, and subject to such conditions, as may be specified in the person's instrument of appointment.

In subsection (4),qualified person means a person who – is eligible for appointment as a magistrate under section 8(1); or is or has been a judge of the Federal Court of Australia; or is or has been a judge of the Federal Circuit Court of Australia or has been a magistrate of the Federal Magistrates Court; or is or has been a magistrate or a judge of a court of another State or a Territory.

The provisions of sections 9, 10 (other than subsection (4) of that section) and 12 do not apply to a person who is appointed as a temporary magistrate under subsection (4).

A magistrate is an employee for the purposes of the Public Sector Superannuation Reform Act 2016.

Subject to section 19(4), the Governor may appoint a permanent full-time magistrate to be the Chief Magistrate.

The Chief Magistrate may resign from the office of Chief Magistrate but still retain the office of magistrate.

Subject to section 19(5), the Governor may appoint a permanent full-time magistrate to be the Deputy Chief Magistrate.

The Deputy Chief Magistrate shall, in addition to exercising his or her functions as a magistrate, exercise such other functions as the Chief Magistrate may direct.

The Deputy Chief Magistrate shall act in the office of the Chief Magistrate during – an absence from duty of the Chief Magistrate; or a vacancy in the office of Chief Magistrate.

The Deputy Chief Magistrate shall, while acting in the office of the Chief Magistrate, have and may perform all the functions and exercise all the powers of that office and be entitled to receive the same remuneration as is ordinarily payable to the Chief Magistrate.

Any act, matter, or thing done by the Deputy Chief Magistrate while acting in the office of the Chief Magistrate shall be deemed to have been done by the Chief Magistrate.

The Deputy Chief Magistrate may resign from the office of Deputy Chief Magistrate but still retain the office of magistrate.

The Attorney-General may, during an absence from duty by, or vacancy in the office of, Deputy Chief Magistrate, appoint a permanent full-time magistrate to be acting Deputy Chief Magistrate and that magistrate shall, while acting in the office of Deputy Chief Magistrate, be entitled to receive the same remuneration as is ordinarily payable to the Deputy Chief Magistrate.

A magistrate must not perform or exercise any of the functions, duties or powers of his or her office until he or she has, under section 8(1) of the Promissory Oaths Act 2015, taken and subscribed the judicial oath.

Subsection (1) only applies to a person appointed as a magistrate after the day on which the Promissory Oaths Act 2015 commences.

A person is not eligible for appointment as a magistrate unless the person is an Australian lawyer of not less than 5 years' standing as an Australian legal practitioner.

A person is not eligible for appointment as a magistrate if he or she has attained the age of 75 years.

Subsection (2) does not apply to a person who is otherwise eligible for appointment as a permanent part-time magistrate or temporary magistrate.

A magistrate shall not be suspended or removed from office except by the Governor on an address from both Houses of Parliament, praying for such suspension or removal on the ground of proved misbehaviour or incapacity.

Except as provided by subsection (1), the Governor shall not suspend a magistrate or remove a magistrate from office.

A magistrate shall be deemed to have vacated the office of magistrate if – he or she becomes bankrupt, applies to take the benefit of any laws for the relief of bankrupt or insolvent debtors, compounds with his or her creditors, or makes any assignment of his or her remuneration or estate for their benefit; or he or she becomes unable to perform competently the duties of the office.

Notwithstanding anything in subsections (1), (2) and (3) – a permanent full-time magistrate retires from office when he or she turns 75 years of age; and a permanent part-time magistrate retires from office when his or her term of office expires.