Supreme Court Act 1959 (Tas)

Supreme Court Act 1959

An Act to revive the office of the Master of the Supreme Court, to rename that office as the office of Associate Judge and to consolidate and amend certain enactments relating to the Supreme Court [Royal Assent 30 November 1959]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1. Short title This Act may be cited as the Supreme Court Act 1959 .

2. Repeals The enactments that are specified in Schedule 1 are repealed.

3. Interpretation In this Act, unless the contrary intention appears – Associate Judge means the Master and Keeper of the Records mentioned in the Charter of Justice and includes an Acting Associate Judge; barrister means a barrister within the meaning of the Legal Profession Act 2007 ; Charter of Justice means the Charter of Justice granted by the letters patent of King William IV, dated 4 March 1831, constituting the Supreme Court of Van Diemen's Land; Court means the Supreme Court; Registrar means the Registrar mentioned in the Charter of Justice; Secretary means the Secretary of the Department; spouse includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 ;

PART II - Associate Judge of the Supreme Court

4. Appointment of Associate Judge (1) The Governor may appoint a person to be the Associate Judge. (2) A person is eligible for appointment to the office of Associate Judge if the person – (a) is an Australian lawyer of no less than 10 years' standing who has attained the age of 35 years; or (b) is, or has been, a judge of – (i) the Federal Court of Australia; or (ii) the Family Court of Australia; or (iii) the Supreme Court of another State or a Territory; or (iv) the High Court of New Zealand; or (v) the Supreme Court of New Zealand; or (c) is, or has been, appointed as a magistrate under the Magistrates Court Act 1987 . (3) An appointment of a person as Associate Judge under this Act, as in force before the commencement of the Supreme Court Amendment (Judges) Act 2016 , is not invalid by reason only that the person did not hold the qualifications required under this Act as in force at the time of the appointment. (3A) An appointment of a person as Associate Judge in respect of which subsection (3) applies, is deemed for the purposes of any Act – (a) to have been validly made on the relevant day; and (b) to have always been validly made on the relevant day; and (c) to have been validly made before the person served as, or performed or exercised a function, duty or power of, Associate Judge under any Act – and no action taken or omitted to be taken by the person after such an appointment is invalid by reason only that, at the time when the action was taken or omitted to be taken, this section was not in force. (4) After 30 September 1996, the Associate Judge is to be paid a salary at the rate of 85% of the salary payable to a puisne judge of the Court. (4A) Notwithstanding subsection (4) , the Associate Judge may elect, in writing to the Secretary, at any time but not more than once in a period of one year, that the salary determined in accordance with this section may be provided – (a) in part by the payment of salary to the Associate Judge; and (b) in part by the payment of employer superannuation contributions to an RSA or a complying superannuation scheme, which may include the accumulation scheme. (4B) If the Associate Judge elects to sacrifice some or all of his or her salary in accordance with subsection (4A) – (a) the election has effect from the date of the election or from a later date specified in the election for that purpose; and (b) the Associate Judge is taken, for any purpose related to superannuation, to have received the salary determined in accordance with subsection (4) , notwithstanding the salary sacrifice. (5) In addition to the salary payable under this Act, the Associate Judge is entitled to be paid any travelling allowances and other allowances as the Governor determines and, until the Governor makes a determination under this subsection, is entitled to be paid the same travelling allowances and other allowances as are applicable to the Head of a State Service Agency. (6) The Associate Judge is entitled to be paid out of the Public Account. (7) Any allowance payable to the Associate Judge under this Act is to be paid out of the Public Account. (8) The Public Account is appropriated to the extent necessary for the purposes of subsections (7) and (8) .