Commonwealth Consolidated Acts

FEDERAL MAGISTRATES ACT 1999 - SECT 12

Responsibility of Chief Federal Magistrate

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

             (2)  In discharging his or her responsibility under subsection (1), the Chief Federal Magistrate must promote the objects of this Act.

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

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

                              (i)  make arrangements as to the Federal Magistrate who is to constitute the Federal Magistrates 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 Federal Magistrates;

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

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

                              (i)  annual health assessments; and

                             (ii)  short-term counselling services; and

                            (iii)  judicial education.

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

          (3A)  A Federal Magistrate who is assigned to a Division of the Federal Magistrates Court must exercise, or participate in exercising, the powers of the Federal Magistrates Court only in that Division, except as set out in subsection (3B).

          (3B)  The Chief Federal Magistrate may arrange for a Federal Magistrate who is assigned to a particular Division of the Federal Magistrates Court to exercise, or participate in exercising, the powers of the Federal Magistrates Court in the other Division if the Chief Federal Magistrate considers that circumstances make it desirable to do so.

          (3C)  To avoid doubt, a Federal Magistrate who is not assigned to either Division of the Federal Magistrates Court may exercise, or participate in exercising, the powers of the Federal Magistrates Court in either Division.

          (3D)  Subsection (3A) does not affect the validity of any exercise of powers by the Federal Magistrates Court otherwise than in accordance with that subsection.

Assignment of Federal Magistrates to locations or registries

             (4)  The Chief Federal Magistrate may, by written instrument, assign a particular Federal Magistrate to a particular location or registry.

             (5)  An instrument under subsection (4) has no effect unless it is approved, in writing, by the Minister.

             (6)  Subsection (4) does not prevent a Federal Magistrate from performing his or her duties at one or more other locations or registries on a temporary basis (whether on circuit or otherwise).

Protection of the Chief Federal Magistrate in the exercise of functions or powers

          (6A)  In exercising the functions or powers mentioned in paragraph (3)(a) or subsection (4), the Chief Federal Magistrate has the same protection and immunity as if he or she were exercising those functions or powers as, or as a member of, the Federal Magistrates Court.

          (6B)  Despite section 39B of the Judiciary Act 1903 , the Federal Court of Australia does not have jurisdiction with respect to a matter relating to the exercise by the Chief Federal Magistrate of the functions or powers mentioned in subsection (3) or (4).

Functions and powers of the Chief Federal Magistrate

             (7)  In addition to the powers and functions conferred on the Chief Federal Magistrate by this Act, the Chief Federal Magistrate has such other functions and powers in relation to the Federal Magistrates Court as are specified in the regulations.