Access to Justice (Civil Litigation Reforms) Amendment Act 2009 (117 of 2009)

Schedule 3   Judicial responsibilities

Part 1   Main amendments

Federal Court of Australia Act 1976

10   After subsection 15(1)

Insert:

(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).