Supreme Court Amendment (Judges) Bill 2016 (TAS)
Wednesday 27 April 2016 @ 12.00 p.m. | Judiciary, Legal Profession & Procedure | Legal Research
The Tasmanian Parliament, earlier this month, introduced the Supreme Court Amendment (Judges) Bill 2016 into the Legislative Assembly. The Bill was introduced by the Premier, Mr. William Hodgman, and sets out to amend the Supreme Court Act 1887 and the Supreme Court Act 1959. The principal purpose of the Bill is to provide for the appointment and payment of acting judges on a part time basis.
Background to the Bill
Currently, as a matter of law in Tasmania, even in the event that the Governor appoints a judge on a part time basis, he or she is entitled to a full-time salary. The amendments introduced by this Bill will correct this system as suggested by the Chief Justice. The Bill will make it clear that a judge may be appointed on a full-time or part-time basis and would be paid accordingly. It also provides a means by which the part-time pay would be calculated. The Bill also ensures that a part-time judge may complete any part-heard cases before them at the end of their appointed term.
In addition the Bill also amends the Supreme Court Act 1887 by modernising the language used to refer to the legal profession, and modernising the language used in the provisions of the Act relating to qualifications required for appointment as a judge. As Mr. Hodgman explained in his second reading speech:
“These amendments remove any uncertainty that the colonial language of the 1887 Act may cause. When read in conjunction with how the law defines current members of legal profession, there is some doubt as to what the 1887 Act exactly intends. These amendments remove this uncertainty by importing modern language into the Act.”
Furthermore, the Bill retrospectively validates all appointments to the Supreme Court of Tasmania to remove any doubt regarding the validity of appointments caused by the historical description of the legal practice in the 1887 Act.
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Sources:
Supreme Court Amendment (Judges) Bill 2016, Bill, Second reading speech, and Explanatory Memorandum as published on LawOne
