Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 15

Responsibility of Chief Justice

             (1)  The Chief Justice is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.

       (1AA)  In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Justice:

                     (a)  may, subject to this Act and to such consultation with Judges as is appropriate and practicable, do all or any of the following:

                              (i)  make arrangements as to the Judge or Judges who is or are to constitute the Court in particular matters or classes of matters;

                             (ii)  without limiting the generality of subparagraph (i)--assign particular caseloads, classes of cases or functions to particular Judges;

                            (iii)  temporarily restrict a Judge to non-sitting duties; and

                     (b)  must ensure that arrangements are in place to provide Judges with appropriate access to (or reimbursement for the cost of):

                              (i)  annual health assessments; and

                             (ii)  short-term counselling services; and

                            (iii)  judicial education.

       (1AB)  In exercising the functions or powers mentioned in paragraph (1AA)(a), the Chief Justice has the same protection and immunity as if he or she were exercising those functions or powers as, or as a member of, the Court.

       (1AC)  Despite section 39B of the Judiciary Act 1903 , the Court does not have jurisdiction with respect to a matter relating to the exercise by the Chief Justice of the functions or powers mentioned in subsection (1AA).

Exercise of powers of General and Fair Work Divisions of the Court

          (1A)  A Judge who is assigned to a Division of the Court must exercise, or participate in exercising, the powers of the Court only in that Division, except as set out in subsection (1B).

          (1B)  The Chief Justice may arrange for a Judge who is assigned to a particular Division of the Court to exercise, or participate in exercising, the powers of the Court in the other Division if the Chief Justice considers that circumstances make it desirable to do so.

          (1C)  To avoid doubt, a Judge who is not assigned to either Division of the Court may exercise, or participate in exercising, the powers of the Court in either Division.

          (1D)  Subsection (1A) does not affect the validity of any exercise of powers by the Court otherwise than in accordance with that subsection.

Judges who are also Judges of the Supreme Court of the ACT and the Northern Territory

             (2)  Where a Judge of the Federal Court of Australia also holds office as an additional Judge of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia, arrangements shall be made between the Chief Justice of the Federal Court of Australia and the Chief Judge or Chief Justice, as the case may be, of that Supreme Court as to the extent to which the Judge is to take part in the exercise of the jurisdiction of that Supreme Court, but the Chief Justice of the Federal Court of Australia shall consult with the Judge concerned before making any such arrangements.

             (3)  Where a Judge, other than an additional Judge, of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia also holds office as a Judge of the Federal Court of Australia, he or she is not required to take part in the exercise of the jurisdiction of the Federal Court of Australia except in accordance with arrangements made between the Chief Justice of the Federal Court of Australia and the Chief Judge or Chief Justice, as the case may be, of that Supreme Court, but the Chief Judge or Chief Justice, as the case may be, of that Supreme Court shall consult with the Judge concerned before making any such arrangements.