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

Schedule 3   Judicial responsibilities

Part 1   Main amendments

Federal Magistrates Act 1999

12   Subsection 12(3)

Repeal the subsection, substitute:

(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.


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