South Australian Consolidated Acts

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FAIR WORK ACT 1994 - SECT 20

20—Classification into principal and ancillary judiciary

        (1)         The Court's judiciary is made up of the members of its principal judiciary (ie., those members of its judiciary who are occupied predominantly in the Court) and its ancillary judiciary (ie., those members of its judiciary who are not occupied predominantly in the Court).

        (2)         The principal judiciary consists of—

            (a)         the Senior Judge; and

            (b)         the Judges who were appointed specifically to the Court (as distinct from the Judges assigned to be Judges of the Court); and

            (c)         the Judges and industrial magistrates who are classified as members of the Court's principal judiciary by the proclamations under which they were assigned to be members of the Court's judiciary.

        (3)         A proclamation assigning a person to be a member of the Court's judiciary must classify the person either as a member of the Court's principal judiciary or as a member of the Court's ancillary judiciary.

        (4)         An assignment to be a member of the Court's principal judiciary is effective for as long as the member continues to hold office as a District Court Judge or a magistrate under the Magistrates Act 1983 (as the case requires) but an assignment to be a member of the Court's ancillary judiciary will be for a term specified in the proclamation of assignment which may be renewed or extended by proclamation from time to time but may not extend beyond the time when the member ceases to hold office as a District Court Judge or a magistrate under the Magistrates Act 1983 (as the case requires).

        (5)         However, the Governor may, by proclamation, made at the request or with the consent of the Judge or magistrate concerned—

            (a)         change the terms of an assignment so that a member of the Court's principal judiciary becomes a member of its ancillary judiciary, or a member of the Court's ancillary judiciary becomes a member of its principal judiciary; or

            (b)         revoke an assignment to the Court's principal or ancillary judiciary.



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