Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW ACT 1975 - SECT 22

Appointment, removal and resignation of Judges

Appointment of Judges

             (1)  A Judge:

                     (a)  shall be appointed by the Governor-General; and

                     (b)  shall not be removed except by the Governor-General, on an address from both Houses of the Parliament in the same session praying for the Judge's removal on the grounds of proved misbehaviour or incapacity.

             (2)  A person shall not be appointed as a Judge unless:

                     (a)  the person is or has been a Judge of another court created by the Parliament or of a court of a State or has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years; and

                     (b)  by reason of training, experience and personality, the person is a suitable person to deal with matters of family law.

Judges to be assigned to particular location

    (2AAA)  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.

     (2AAB)  In deciding whether to consent as mentioned in paragraph (2AAA)(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.

     (2AAC)  Despite section 39B of the Judiciary Act 1903 , the Federal Court of Australia 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 (2AAA)(a).

Appeal Division

       (2AA)  The members of the Appeal Division of the Court are the Chief Justice, the Deputy Chief Justice and such other Judges as are assigned to the Appeal Division under this section.

       (2AB)  The Governor-General may, in the commission of appointment of a Judge or, with the consent of the Judge but not otherwise, at a later time assign a Judge to the Appeal Division.

       (2AC)  The Governor-General shall not assign a Judge to the Appeal Division under subsection (2AB) if, as a result of that assignment, the number of members of the Appeal Division assigned under that subsection would exceed the prescribed number.

General Division

        (2AF)  A Judge (other than the Chief Justice or the Deputy Chief Justice) who is not assigned to the Appeal Division shall be deemed to be assigned to the General Division.

Appointment of Deputy Chief Justice

     (2AFA)  If a person holding office as a Senior Judge or Judge of the Court is appointed Deputy Chief Justice, the person retains that office as Senior Judge or Judge, as the case may be, and may resign the office of Deputy Chief Justice without resigning that first-mentioned office.

Judge of 2 or more courts

       (2AG)  Notwithstanding anything contained in any other Act, a person may hold office at the one time as a Judge of the Court and as a Judge of a prescribed court or of 2 or more prescribed courts.

       (2AH)  In subsection (2AG), prescribed court means:

                     (a)  a court (other than the Court) created by the Parliament; or

                     (b)  the Supreme Court of the Northern Territory.

          (2A)  A person may be appointed to the office of Judge of the Family Court of Australia notwithstanding that he or she holds an office of Judge of a Family Court of a State and may serve in that office of Judge of the Family Court of Australia notwithstanding that he or she continues to hold, and serve in, the office of Judge of the Family Court of that State.

          (2B)  If a person who holds office as a Judge of the Family Court of Australia is appointed or serves as a Judge of a Family Court of a State, the appointment or service shall not affect his or her tenure of that office of Judge of the Family Court of Australia or his or her rank, title, status, precedence, salary or annual allowance or other rights or privileges as the holder of that office of Judge of the Family Court of Australia and, for all purposes, his or her service as a Judge of the Family Court of that State shall be taken to be service as the holder of that office of Judge of the Family Court of Australia.

Resignation

             (3)  A Judge may resign office by writing under his or her hand addressed to the Governor-General.

          (3A)  The resignation takes effect on:

                     (a)  the day on which it is received by the Governor-General; or

                     (b)  a later day specified in the resignation document.

Style

             (4)  A Judge or former Judge is entitled to be styled "The Honourable".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback