Title: Statutes Amendment (Judicial Registrars)Bill 2016
Author: Office of Parliamentary Counsel
Last saved by: Sandra L. Flintoft-Silk
Category: parliamentary.copy
Document comments: ha166

House of Assembly—No 166
As laid on the table and read a first time, 19 October 2016

Statutes Amendment (Judicial Registrars) Bill 2016
Contents

Statutes Amendment (Judicial Registrars) Bill 2016
Part 1—Preliminary

Statutes Amendment (Judicial Registrars) Bill 2016
Preliminary—Part 1

Statutes Amendment (Judicial Registrars) Bill 2016
Part 2—Amendment of District Court Act 1991

Statutes Amendment (Judicial Registrars) Bill 2016
Amendment of District Court Act 1991—Part 2

Statutes Amendment (Judicial Registrars) Bill 2016
Part 3—Amendment of Magistrates Court Act 1991

Statutes Amendment (Judicial Registrars) Bill 2016
Amendment of Magistrates Court Act 1991—Part 3

Statutes Amendment (Judicial Registrars) Bill 2016
Part 4—Amendment of Oaths Act 1936

Statutes Amendment (Judicial Registrars) Bill 2016
Amendment of Oaths Act 1936—Part 4

Statutes Amendment (Judicial Registrars) Bill 2016
Part 5—Amendment of Supreme Court Act 1935

Statutes Amendment (Judicial Registrars) Bill 2016
Amendment of Supreme Court Act 1935—Part 5

Statutes Amendment (Judicial Registrars) Bill 2016
Part 6—Amendment of Youth Court Act 1993

Statutes Amendment (Judicial Registrars) Bill 2016
Amendment of Youth Court Act 1993—Part 6

South Australia
Statutes Amendment (Judicial Registrars) Bill 2016
A Bill For
An Act to amend the District Court Act 1991; the Magistrates Court Act 1991; the Oaths Act 1936; the Supreme Court Act 1935; and the Youth Court Act 1993.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of District Court Act 1991
4	Amendment of section 3—Interpretation
5	Amendment of section 10—Court's judiciary
6	Insertion of heading to Part 3 Division 2 Subdivision 1
7	Insertion of heading to Part 3 Division 2 Subdivision 2
8	Amendment of section 12—Appointment of other Judges and Masters
9	Insertion of heading to Part 3 Division 2 Subdivision 3
10	Amendment of section 13—Judicial remuneration (other than for Judicial Registrar)
11	Insertion of Part 3 Division 2 Subdivision 4
Subdivision 4—Provisions relating to Judicial Registrars
16A	Appointment and conditions of Judicial Registrars
16B	Judicial Registrar ceasing to hold office and suspension
16C	Jurisdiction of Judicial Registrar
12	Amendment of section 20—Constitution of Court
13	Amendment of section 29—Issue of evidentiary summons
14	Amendment of section 32—Mediation and conciliation
15	Amendment of section 43—Right of appeal
16	Amendment of section 44—Reservation of questions of law
17	Amendment of section 46—Immunities
18	Amendment of section 51—Rules of Court
Part 3—Amendment of Magistrates Court Act 1991
19	Amendment of section 3—Interpretation
20	Insertion of heading to Part 2 Division 2 Subdivision 1
21	Amendment of section 7A—Constitution of Court
22	Insertion of Part 2 Division 2 Subdivision 2
Subdivision 2—Provisions relating to Judicial Registrars
7AA	Appointment and conditions of Judicial Registrars
7AB	Judicial Registrar ceasing to hold office and suspension
23	Insertion of heading to Part 2 Division 2 Subdivision 3
24	Amendment of section 15—Exercise of procedural and administrative powers of Court
25	Amendment of section 24—Issue of evidentiary summonses
26	Amendment of section 27—Mediation and conciliation
27	Amendment of section 44—Immunities
28	Amendment of section 45—Contempt in face of Court
29	Amendment of section 49—Rules of Court
Part 4—Amendment of Oaths Act 1936
30	Amendment of section 7—Oaths to be taken by judicial officers
31	Amendment of section 28—Commissioners for taking affidavits
Part 5—Amendment of Supreme Court Act 1935
32	Amendment of section 5—Interpretation
33	Amendment of section 7—Judicial officers of the court
34	Insertion of sections 13I and 13J
13I	Appointment and conditions of judicial registrars
13J	Judicial registrar ceasing to hold office and suspension
35	Substitution of section 14
14	Certain common interests do not disqualify
36	Amendment of section 48—Jurisdiction of Full Court, single judge, master, etc
37	Insertion of section 48A
48A	Jurisdiction of judicial registrar
38	Amendment of section 49—Questions of law reserved for Full Court
39	Amendment of section 50—Appeals
40	Amendment of section 65—Mediation and conciliation
41	Amendment of section 72—Rules of court
42	Insertion of section 110C
110C	Immunities
Part 6—Amendment of Youth Court Act 1993
43	Amendment of section 3—Interpretation
44	Amendment of section 9—Court's judiciary
45	Insertion of sections 10A to 10C
10A	Appointment and conditions of judicial registrars
10B	Judicial registrar ceasing to hold office and suspension
10C	Jurisdiction of judicial registrar
46	Amendment of section 14—Constitution of Court
47	Amendment of section 22—Appeals
48	Substitution of section 26
26	Immunities
49	Amendment of section 27—Contempt of Court

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Statutes Amendment (Judicial Registrars) Act 2016.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of District Court Act 1991
4—Amendment of section 3—Interpretation
	(1)	Section 3(1), definition of judicial office—delete "or Master" and substitute:
, Master or Judicial Registrar
	(2)	Section 3(1)—after the definition of judicial office insert:
Judicial Registrar means a District Court Judicial Registrar;
	(3)	Section 3—after the definition of Master insert:
Registrar means the Registrar, or any Deputy Registrar of the Court, but does not include a Judicial Registrar;
5—Amendment of section 10—Court's judiciary
Section 10(1)—after paragraph (c) insert:
		and
	(d)	the Judicial Registrars.
6—Insertion of heading to Part 3 Division 2 Subdivision 1
Part 3 Division 2—before section 11A insert:
Subdivision 1—Appointment of Chief Judge
7—Insertion of heading to Part 3 Division 2 Subdivision 2
Part 3 Division 2—before section 12 insert:
Subdivision 2—Appointment of other Judges and Masters
8—Amendment of section 12—Appointment of other Judges and Masters
	(1)	Section 12(1)—after "judicial office" insert:
(other than to the office of Judicial Registrar)
	(2)	Section 12(2)—after "judicial office" insert:
(other than to the office of Judicial Registrar)
	(3)	Section 12(3)—before "may be appointed" insert:
under this section
9—Insertion of heading to Part 3 Division 2 Subdivision 3
Part 3 Division 2—before section 13 insert:
Subdivision 3—Other provisions relating to Judges and Masters
10—Amendment of section 13—Judicial remuneration (other than for Judicial Registrar)
Section 13(1)—after "judicial officers" insert:
(other than a Judicial Registrar)
11—Insertion of Part 3 Division 2 Subdivision 4
After section 16 insert:
Subdivision 4—Provisions relating to Judicial Registrars
16A—Appointment and conditions of Judicial Registrars
	(1)	The Governor may, on the recommendation of the Attorney‑General and with the concurrence of the Chief Judge, appoint a legal practitioner of at least 5 years standing, to be a District Court Judicial Registrar.
	(2)	The term of appointment (which must be for at least 7 years), the remuneration and the conditions of service applicable to a person holding an appointment under this section will be as determined by the Governor with the concurrence of the Chief Judge, and specified in the instrument of appointment.
	(3)	An appointment of a Judicial Registrar under this section will be taken to be on a full‑time basis unless the instrument of appointment provides that the appointment is on a part‑time basis.
	(4)	However, a Judicial Registrar not appointed on a part‑time basis may, by written agreement with the Chief Judge made with the approval of the Attorney‑General, perform the duties of office on a part‑time basis for a period specified in the agreement.
	(5)	An instrument appointing a Judicial Registrar on a part‑time basis or an agreement under subsection (4) must specify the hours of duty the Judicial Registrar will ordinarily be required to work, expressed as a proportion of the time a Judicial Registrar appointed on a full‑time basis is ordinarily required to work.
	(6)	The hours of duty specified in an instrument of appointment or an agreement under subsection (4) may be varied by written agreement between the Judicial Registrar and the Chief Judge made with the approval of the Attorney‑General.
	(7)	The remuneration determined by the Governor with the concurrence of the Chief Judge and specified in the instrument of appointment may not be reduced by subsequent determination.
	(8)	However, a Judicial Registrar (whether appointed on a full‑time or part‑time basis) is, while performing the duties of the office on a part‑time basis, entitled to remuneration on a pro‑rata basis in respect of the hours of duty at the rate determined by the Governor under this section in relation to a Judicial Registrar appointed on a full‑time basis.
	(9)	For the purpose of determining whether a legal practitioner has the standing necessary for appointment to the office of Judicial Registrar, periods of legal practice within and outside the State will be taken into account.
	(10)	A person appointed as a Judicial Registrar is, on the recommendation of the Attorney‑General and with the concurrence of the Chief Judge, eligible for reappointment at the expiration of a term of office.
16B—Judicial Registrar ceasing to hold office and suspension
	(1)	The Governor may, on the recommendation of the Attorney‑General, remove a Judicial Registrar from office for—
	(a)	mental or physical incapacity to carry out official duties satisfactorily; or
	(b)	neglect of duty; or
	(c)	dishonourable conduct.
	(2)	A Judicial Registrar ceases to hold office if the Judicial Registrar—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice to the Attorney‑General; or
	(d)	ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the office of Judicial Registrar; or
	(e)	is removed from office under subsection (1).
	(3)	The Attorney‑General may only make a recommendation under subsection (1) with the concurrence of the Chief Judge.
	(4)	The Chief Judge may, on the Chief Judge's own initiative or at the request of the Attorney‑General, suspend a Judicial Registrar from office if it appears that there may be grounds for the removal of the Judicial Registrar from office.
	(5)	If a Judicial Registrar is suspended under subsection (4), the Judicial Registrar remains entitled to the Judicial Registrar's usual remuneration and allowances during the period of suspension.
16C—Jurisdiction of Judicial Registrar
	(1)	Subject to the regulations, Judicial Registrars may exercise such jurisdiction of the Court as assigned by the Chief Judge or the rules.
	(2)	If the Court is constituted of a Judicial Registrar in criminal proceedings, the Court—
	(a)	may not impose a sentence of imprisonment; and
	(b)	if of the opinion that the limitation on its powers imposed under this subsection prevents it from imposing an appropriate sentence—may adjourn the question of sentence for hearing and determination by a Judge.
12—Amendment of section 20—Constitution of Court
	(1)	Section 20(1)—after paragraph (b) insert:
		or
	(c)	if the matter lies within a jurisdiction of the Court assigned to Judicial Registrars—a Judicial Registrar (but the jurisdiction of Judicial Registrars is not exclusive; such a jurisdiction may also be exercised by a Judge or Master).
	(2)	Section 20(6)—delete "or Master" and substitute:
, Master or Judicial Registrar
13—Amendment of section 29—Issue of evidentiary summons
Section 29(a)—delete "or Master" and substitute:
, Master or Judicial Registrar
14—Amendment of section 32—Mediation and conciliation
	(1)	Section 32(1)—delete "or Master" and substitute:
, Master or Judicial Registrar
	(2)	Section 32(2c)—delete "or Master" and substitute:
, Master or Judicial Registrar
15—Amendment of section 43—Right of appeal
Section 43(2)—before paragraph (a) insert:
	(aa)	in the case of a judgment given by a Judicial Registrar or the Court constituted of a Judicial Registrar—to the Court constituted of a Judge;
16—Amendment of section 44—Reservation of questions of law
Section 44(1)—after "Master" insert:
or Judicial Registrar
17—Amendment of section 46—Immunities
Section 46(1)—after "Master" insert:
, Judicial Registrar
18—Amendment of section 51—Rules of Court
	(1)	Section 51(1)(b)—after "Masters" insert:
or Judicial Registrars
	(2)	Section 51(1)(c)—after "Court" insert:
(including in its appellate jurisdiction)

Part 3—Amendment of Magistrates Court Act 1991
19—Amendment of section 3—Interpretation
	(1)	Section 3(1), definition of judicial office—before "or special justice" insert:
, Judicial Registrar
	(2)	Section 3(1)—after the definition of judicial office insert:
Judicial Registrar means a Magistrates Court Judicial Registrar;
	(3)	Section 3(1), definition of Registrar—after "Court" insert:
, but does not include a Judicial Registrar
20—Insertion of heading to Part 2 Division 2 Subdivision 1
Before section 7 insert:
Subdivision 1—Divisions and constitution of Court
21—Amendment of section 7A—Constitution of Court
	(1)	Section 7A—after subsection (1) insert:
	(1a)	Subject to the regulations, Judicial Registrars may exercise such jurisdiction of the Court as assigned by the Chief Magistrate or the rules.
	(2)	Section 7A(2)(c)—after "Magistrate" insert:
or Judicial Registrar
	(3)	Section 7A(2)—delete "but, when constituted of a special justice, the Court may not impose a sentence of imprisonment"
	(4)	Section 7A—after subsection (2) insert:
	(2aa)	If the Court is constituted of a Judicial Registrar or special justice in criminal proceedings, the Court—
	(a)	may not impose a sentence of imprisonment; and
	(b)	if of the opinion that the limitation on its powers imposed under this subsection prevents it from imposing an appropriate sentence—may adjourn the question of sentence for hearing and determination by a Magistrate.
	(5)	Section 7A(2a)—after "Magistrate" insert:
, Judicial Registrar
22—Insertion of Part 2 Division 2 Subdivision 2
After section 7A insert:
Subdivision 2—Provisions relating to Judicial Registrars
7AA—Appointment and conditions of Judicial Registrars
	(1)	The Governor may, on the recommendation of the Attorney‑General and with the concurrence of the Chief Magistrate, appoint a legal practitioner of at least 5 years standing, to be a Magistrates Court Judicial Registrar.
	(2)	The term of appointment (which must be for at least 7 years), the remuneration and the conditions of service applicable to a person holding an appointment under this section will be as determined by the Governor with the concurrence of the Chief Magistrate, and specified in the instrument of appointment.
	(3)	An appointment of a Judicial Registrar under this section will be taken to be on a full‑time basis unless the instrument of appointment provides that the appointment is on a part‑time basis.
	(4)	However, a Judicial Registrar not appointed on a part‑time basis may, by written agreement with the Chief Magistrate made with the approval of the Attorney‑General, perform the duties of office on a part‑time basis for a period specified in the agreement.
	(5)	An instrument appointing a Judicial Registrar on a part‑time basis or an agreement under subsection (4) must specify the hours of duty the Judicial Registrar will ordinarily be required to work, expressed as a proportion of the time a Judicial Registrar appointed on a full‑time basis is ordinarily required to work.
	(6)	The hours of duty specified in an instrument of appointment or an agreement under subsection (4) may be varied by written agreement between the Judicial Registrar and the Chief Magistrate made with the approval of the Attorney‑General.
	(7)	The remuneration determined by the Governor with the concurrence of the Chief Magistrate and specified in the instrument of appointment may not be reduced by subsequent determination.
	(8)	However, a Judicial Registrar (whether appointed on a full‑time or part‑time basis) is, while performing the duties of the office on a part‑time basis, entitled to remuneration on a pro‑rata basis in respect of the hours of duty at the rate determined by the Governor under this section in relation to a Judicial Registrar appointed on a full‑time basis.
	(9)	For the purpose of determining whether a legal practitioner has the standing necessary for appointment to the office of Judicial Registrar, periods of legal practice within and outside the State will be taken into account.
	(10)	A person appointed as a Judicial Registrar is, on the recommendation of the Attorney‑General and with the concurrence of the Chief Magistrate, eligible for reappointment at the expiration of a term of office.
7AB—Judicial Registrar ceasing to hold office and suspension
	(1)	The Governor may, on the recommendation of the Attorney‑General, remove a Judicial Registrar from office for—
	(a)	mental or physical incapacity to carry out official duties satisfactorily; or
	(b)	neglect of duty; or
	(c)	dishonourable conduct.
	(2)	A Judicial Registrar ceases to hold office if the Judicial Registrar—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice to the Attorney‑General; or
	(d)	ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the office of Judicial Registrar; or
	(e)	is removed from office under subsection (1).
	(3)	The Attorney‑General may only make a recommendation under subsection (1) with the concurrence of the Chief Magistrate.
	(4)	The Chief Magistrate may, on the Chief Magistrate's own initiative or at the request of the Attorney‑General, suspend a Judicial Registrar from office if it appears that there may be grounds for the removal of the Judicial Registrar from office.
	(5)	If a Judicial Registrar is suspended under subsection (4), the Judicial Registrar remains entitled to the Judicial Registrar's usual remuneration and allowances during the period of suspension.
23—Insertion of heading to Part 2 Division 2 Subdivision 3
Before section 7B insert:
Subdivision 3—Assessors
24—Amendment of section 15—Exercise of procedural and administrative powers of Court
Section 15—after "A" insert:
Judicial Registrar,
25—Amendment of section 24—Issue of evidentiary summonses
Section 24—after paragraph (a) insert:
	(ab)	a Judicial Registrar; or
26—Amendment of section 27—Mediation and conciliation
	(1)	Section 27(1)—after "Magistrate" insert:
or Judicial Registrar
	(2)	Section 27(2c)—before "or other judicial officer" insert:
, Judicial Registrar
27—Amendment of section 44—Immunities
Section 44(1)—after "Magistrate" insert:
, Judicial Registrar, special justice
28—Amendment of section 45—Contempt in face of Court
Section 45(b)—after "Magistrate" insert:
Judicial Registrar,
29—Amendment of section 49—Rules of Court
Section 49(1)(c)—after "Court" insert:
(including in its appellate jurisdiction)

Part 4—Amendment of Oaths Act 1936
30—Amendment of section 7—Oaths to be taken by judicial officers
	(1)	Section 7(1)(a)—delete "and Masters" and substitute:
, Masters and Judicial Registrars
	(2)	Section 7(1)(b)—delete "and Masters" and substitute:
, Masters and Judicial Registrars
	(3)	Section 7(1)(c)—delete paragraph (c) and substitute:
	(c)	Magistrates and Judicial Registrars of the Magistrates Court; and
31—Amendment of section 28—Commissioners for taking affidavits
Section 28(1)(ca)—before "Registrars" insert:
Judicial Registrars,

Part 5—Amendment of Supreme Court Act 1935
32—Amendment of section 5—Interpretation
	(1)	Section 5(1)—after the definition of judgment insert:
judicial registrar means a Supreme Court judicial registrar;
	(2)	Section 5(1), definition of registrar—after "of the court" insert:
, but does not include a judicial registrar
33—Amendment of section 7—Judicial officers of the court
	(1)	Section 7(1)—delete "shall be constituted of the Chief Justice, the puisne judges and the masters" and substitute:
is constituted of the Chief Justice, puisne judges, masters and judicial registrars
	(2)	Section 7(2)—delete subsection (2) and substitute:
	(2)	Subject to this Act or any other Act, the judges, masters and judicial registrars have the power, authority and jurisdiction conferred on them under this Act or any other Act, and the rules of court made under this Act or any other Act.
34—Insertion of sections 13I and 13J
After section 13H insert:
13I—Appointment and conditions of judicial registrars
	(1)	The Governor may, on the recommendation of the Attorney‑General and with the concurrence of the Chief Justice, appoint a legal practitioner of at least 5 years standing, to be a Supreme Court judicial registrar.
	(2)	The term of appointment (which must be for at least 7 years), the remuneration and the conditions of service applicable to a person holding an appointment under this section will be as determined by the Governor with the concurrence of the Chief Justice, and specified in the instrument of appointment.
	(3)	An appointment of a judicial registrar under this section will be taken to be on a full‑time basis unless the instrument of appointment provides that the appointment is on a part‑time basis.
	(4)	However, a judicial registrar not appointed on a part‑time basis may, by written agreement with the Chief Justice made with the approval of the Attorney‑General, perform the duties of office on a part‑time basis for a period specified in the agreement.
	(5)	An instrument appointing a judicial registrar on a part‑time basis or an agreement under subsection (4) must specify the hours of duty the judicial registrar will ordinarily be required to work, expressed as a proportion of the time a judicial registrar appointed on a full‑time basis is ordinarily required to work.
	(6)	The hours of duty specified in an instrument of appointment or an agreement under subsection (4) may be varied by written agreement between the judicial registrar and the Chief Justice made with the approval of the Attorney‑General.
	(7)	The remuneration determined by the Governor with the concurrence of the Chief Justice and specified in the instrument of appointment may not be reduced by subsequent determination.
	(8)	However, a judicial registrar (whether appointed on a full‑time or part‑time basis) is, while performing the duties of the office on a part‑time basis, entitled to remuneration on a pro‑rata basis in respect of the hours of duty at the rate determined by the Governor under this section in relation to a judicial registrar appointed on a full‑time basis.
	(9)	For the purpose of determining whether a legal practitioner has the standing necessary for appointment to the office of judicial registrar, periods of legal practice within and outside the State will be taken into account.
	(10)	A person appointed as a judicial registrar is, on the recommendation of the Attorney‑General and with the concurrence of the Chief Justice eligible for reappointment at the expiration of a term of office.
13J—Judicial registrar ceasing to hold office and suspension
	(1)	The Governor may, on the recommendation of the Attorney‑General, remove a judicial registrar from office for—
	(a)	mental or physical incapacity to carry out official duties satisfactorily; or
	(b)	neglect of duty; or
	(c)	dishonourable conduct.
	(2)	A judicial registrar ceases to hold office if the judicial registrar—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice to the Attorney‑General; or
	(d)	ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the office of judicial registrar; or
	(e)	is removed from office under subsection (1).
	(3)	The Attorney‑General may only make a recommendation under subsection (1) with the concurrence of the Chief Justice.
	(4)	The Chief Justice may, on the Chief Justice's own initiative or at the request of the Attorney‑General, suspend a judicial registrar from office if it appears that there may be grounds for the removal of the judicial registrar from office.
	(5)	If a judicial registrar is suspended under subsection (4), the judicial registrar remains entitled to the judicial registrar's usual remuneration and allowances during the period of suspension.
35—Substitution of section 14
Section 14—delete the section and substitute:
14—Certain common interests do not disqualify
A judge, master or judicial registrar of the court is not incapable of acting in judicial office in any proceeding by reason of being 1 of several ratepayers or taxpayers or 1 of any other class of persons liable in common with others to contribute to or be benefited by a rate or tax which may be increased, diminished or in any way affected by that proceeding.
36—Amendment of section 48—Jurisdiction of Full Court, single judge, master, etc
Section 48(2)(c)—after "master" insert:
or judicial registrar
37—Insertion of section 48A
After section 48 insert:
48A—Jurisdiction of judicial registrar
	(1)	Subject to the regulations, judicial registrars may exercise the jurisdiction of the court as assigned by the Chief Justice or the rules.
	(2)	If the court is constituted of a judicial registrar in criminal proceedings, the court—
	(a)	may not impose a sentence of imprisonment; and
	(b)	if of the opinion that the limitation on its powers imposed under this subsection prevents it from imposing an appropriate sentence—may adjourn the question of sentence for hearing and determination by a judge.
38—Amendment of section 49—Questions of law reserved for Full Court
Section 49(1)—delete "or a master" and substitute:
, master or judicial registrar"
39—Amendment of section 50—Appeals
	(1)	Section 50(2)—after "master" insert:
or judicial registrar
	(2)	Section 50—after subsection (2) insert:
	(2a)	Subject to the rules, subsections (3) and (4)(a)(i) do not apply to an appeal against a judgment of a judicial registrar.
40—Amendment of section 65—Mediation and conciliation
	(1)	Section 65(1)—delete "or master" and substitute:
, master or judicial registrar
	(2)	Section 65(5)—delete "or master" and substitute:
, master or judicial registrar
41—Amendment of section 72—Rules of court
	(1)	Section 72(1)(b)—delete paragraph (b) and substitute:
	(b)	regulating the practice and procedure of the court (including in its appellate jurisdiction);
	(2)	Section 72(1)(f)—delete "a master" and substitute:
masters or judicial registrars
	(3)	Section 72(1)(g)—delete "master" and substitute:
masters or judicial registrars
42—Insertion of section 110C
Before section 111 insert:
110C—Immunities
	(1)	A master, judicial registrar, mediator or assessor has the same privileges and immunities from civil liability as a judge.
	(2)	A non‑judicial officer of the court incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions.

Part 6—Amendment of Youth Court Act 1993
43—Amendment of section 3—Interpretation
	(1)	Section 3, definition of judicial office—after "magistrate" insert:
, judicial registrar
	(2)	Section 3—after the definition of judicial office insert:
judicial registrar means a Youth Court judicial registrar;
44—Amendment of section 9—Court's judiciary
Section 9(1)—after paragraph (b) insert:
	(ba)	the judicial registrars of the Court; and
45—Insertion of sections 10A to 10C
After section 10 insert:
10A—Appointment and conditions of judicial registrars
	(1)	The Governor may, on the recommendation of the Attorney‑General and with the concurrence of the Judge of the Court, appoint a legal practitioner of at least 5 years standing, to be a Youth Court judicial registrar.
	(2)	The term of appointment (which must be for at least 7 years), the remuneration and the conditions of service applicable to a person holding an appointment under this section will be as determined by the Governor with the concurrence of the Judge of the Court, and specified in the instrument of appointment.
	(3)	An appointment of a judicial registrar under this section will be taken to be on a full‑time basis unless the instrument of appointment provides that the appointment is on a part‑time basis.
	(4)	However, a judicial registrar not appointed on a part‑time basis may, by written agreement with the Judge of the Court made with the approval of the Attorney‑General, perform the duties of office on a part‑time basis for a period specified in the agreement.
	(5)	An instrument appointing a judicial registrar on a part‑time basis or an agreement under subsection (4) must specify the hours of duty the judicial registrar will ordinarily be required to work, expressed as a proportion of the time a judicial registrar appointed on a full‑time basis is ordinarily required to work.
	(6)	The hours of duty specified in an instrument of appointment or an agreement under subsection (4) may be varied by written agreement between the judicial registrar and the Judge of the Court made with the approval of the Attorney‑General.
	(7)	The remuneration determined by the Governor with the concurrence of the Judge of the Court and specified in the instrument of appointment may not be reduced by subsequent determination.
	(8)	However, a judicial registrar (whether appointed on a full‑time or part‑time basis) is, while performing the duties of the office on a part‑time basis, entitled to remuneration on a pro‑rata basis in respect of the hours of duty at the rate determined by the Governor under this section in relation to a judicial registrar appointed on a full‑time basis.
	(9)	For the purpose of determining whether a legal practitioner has the standing necessary for appointment to the office of judicial registrar, periods of legal practice within and outside the State will be taken into account.
	(10)	A person appointed as a judicial registrar is, on the recommendation of the Attorney‑General and with the concurrence of the Judge of the Court, eligible for reappointment at the expiration of a term of office.
10B—Judicial registrar ceasing to hold office and suspension
	(1)	The Governor may, on the recommendation of the Attorney‑General, remove a judicial registrar from office for—
	(a)	mental or physical incapacity to carry out official duties satisfactorily; or
	(b)	neglect of duty; or
	(c)	dishonourable conduct.
	(2)	A judicial registrar ceases to hold office if the judicial registrar—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice to the Attorney‑General; or
	(d)	ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the office of judicial registrar; or
	(e)	is removed from office under subsection (1).
	(3)	The Attorney‑General may only make a recommendation under subsection (1) with the concurrence of the Judge of the Court.
	(4)	The Judge of the Court may, on the Judge's own initiative or at the request of the Attorney‑General, suspend a judicial registrar from office if it appears that there may be grounds for the removal of the judicial registrar from office.
	(5)	If a judicial registrar is suspended under subsection (4), the judicial registrar remains entitled to the judicial registrar's usual remuneration and allowances during the period of suspension.
10C—Jurisdiction of judicial registrar
Subject to the regulations, judicial registrars may exercise such jurisdiction of the Court as assigned by the Judge of the Court or the rules.
46—Amendment of section 14—Constitution of Court
	(1)	Section 14(1)—delete "section" and substitute:
Act
	(2)	Section 14(1)—delete "or a magistrate" and substitute:
, magistrate or judicial registrar
	(3)	Section 14—after subsection (2) insert:
	(2a)	The Court, when constituted of a judicial registrar in criminal proceedings, may not impose a sentence of detention.
	(4)	Section 14(3)—after "magistrate" insert:
or judicial registrar
	(5)	Section 14(5)—before "special justice" insert:
judicial registrar or
	(6)	Section 14(7)—after "A" insert:
judicial registrar,
47—Amendment of section 22—Appeals
Section 22(2)(b)—after "magistrate" insert:
or judicial registrar
48—Substitution of section 26
Section 26—delete the section and substitute:
26—Immunities
	(1)	The Judge of the Court, or a judicial registrar, special justice or any other person exercising the jurisdiction of the Court has the same privileges and immunities from civil liability as a Judge of the Supreme Court.
	(2)	A non‑judicial officer of the Court incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions.
49—Amendment of section 27—Contempt of Court
Section 27(b)—delete "a Judge, Magistrate," and substitute:
the Judge of the Court or a magistrate, judicial registrar,

HA GP 431-B OPC 76