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CLAUSE NOTES
Supreme Court Amendment (Judges) Bill 2016
Part 1 – Preliminary
Clause 1: Provides for the short title of the Bill.
Clause 2: Provides that the Act commences on Royal Assent.
Clause 3: Repeals the Act one year from the date on which it commences.
Part 2 – Supreme Court Act 1887 amended
Clause 4: Provides that the Principal Act for Part 2 is the Supreme Court Act 1887.
Clause 5: Amends the Supreme Court Act 1887 by omitting the definition of barrister and
the definition of solicitor from section 1.
Clause 6: Amends section 2 of the Supreme Court Act 1887 by omitting reference to
qualified barristers.
Clause 7: Amends section 3 of the Supreme Court Act 1887 by using gender neutral
language as well as providing for the appointment of both full-time and part-time
acting judges, allowing for acting judges to complete matters before them at the
end of their term of appointment, and providing for how the remuneration of a
part-time acting judge is calculated.
Clause 8: Repeals section 4 of the Supreme Court Act 1887 and inserts a new section 4 that
provides for the qualifications required for appointment as a judge of the
Supreme Court, as well as validating all past appointment of judges to the
Supreme Court.
Part 3 – Supreme Court Act 1959 amended
Clause 9: Provides that the Principal Act for Part 3 is the Supreme Court Act 1959.
Clause 10: Amends section 4 of the Supreme Court Act 1959 by omitting subsection 2 and
substituting a new subsection 2 that provides for the qualifications required for
appointment as the Associate Judge, as well as validating all past appointments of
Associate Judges to the Supreme Court.
Clause 11: Amends section 4A of the Supreme Court Act 1959 so that the qualifications
required for appointment as an Acting Associate Judge are consistent with the
qualifications required for appointment as the Associate Judge.
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