Magistrates Court Act 1987

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.