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

7   After subsection 6(2)

Insert:

Judges to be assigned to particular location

(3) The commission of appointment of a Judge must assign the Judge to a particular location. The Judge:

(a) must not sit at another location on a permanent basis unless the Attorney-General and the Chief Justice consent; and

(b) cannot be required to sit at another location on a permanent basis unless the Judge consents (in addition to the consents required by paragraph (a)); and

(c) may sit at another location on a temporary basis.

(3A) In deciding whether to consent as mentioned in paragraph (3)(a), the Chief Justice has the same protection and immunity as if he or she were making that decision as, or as a member of, the Court.

(3B) 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 Attorney-General or the Chief Justice of the power to consent as mentioned in paragraph (3)(a).

Note 1: The following heading to subsection 6(1) is inserted "Appointment of Judges".

Note 2: The following heading to subsection 6(4) is inserted "Resignation".

Note 3: The following heading to subsection 6(5) is inserted "Judge of 2 or more courts".

Note 4: The following heading to subsection 6(6) is inserted "Style".

Note 5: The following heading to subsection 6(7) is inserted "Definition".