{"id":"judicial-administration-auxiliary-appointments-and-powers-act-1988","name":"Judicial Administration (Auxiliary Appointments and Powers) Act 1988","slug":"judicial-administration-auxiliary-appointments-and-powers-act-1988","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105596,"registerId":"sa-judicial-administration-auxiliary-appointments-and-powers-act-1988-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Judicial Administration (Auxiliary Appointments and Powers) Act 1988","content":"South Australia\nJudicial Administration (Auxiliary Appointments and Powers) Act 1988\nAn Act to supplement, and achieve efficiencies in the deployment of, the State's judiciary; and for other purposes.\n\nContents\n1\tShort title\n2\tInterpretation\n3\tAppointment of judicial auxiliaries\n4\tPowers of judicial auxiliary\n5\tPower of judicial officer to act in co-ordinate and less senior offices\n6\tConcurrent judicial appointments\n7\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Judicial Administration (Auxiliary Appointments and Powers) Act 1988.\n2—Interpretation\nIn this Act—\njudicial office means—\n\t(a)\tthe office of Judge of the Supreme Court (including a Judge of the Court of Appeal Division of the Supreme Court);\n\t(b)\tthe office of Associate Justice of the Supreme Court, District Court Judge, Judge of the Licensing Court or Judge of the Environment, Resources and Development Court;\n\t(ba)\tthe office of a Presidential member of the South Australian Employment Tribunal (other than a Presidential member who is a Magistrate);\n\t(c)\tthe office of Associate Judge of the District Court;\n\t(d)\tthe office of Chief Magistrate or Magistrate;\n\t(da)\tthe office of a Presidential member of the South Australian Employment Tribunal where the Presidential member is a Magistrate;\n\t(e)\tthe office of commissioner of the Environment, Resources and Development Court,\n(and the order of the above paragraphs indicates the level of seniority of the various offices, the inclusion of reference to more than one office in the same paragraph indicating a co-ordinate level of seniority);\njudicial officer means a person appointed to hold or act in a judicial office and includes a person appointed under this Act to act in a judicial office on an auxiliary basis.\n3—Appointment of judicial auxiliaries\n\t(1)\tThe Governor may, with the concurrence of the Chief Justice, appoint a person to act in a specified judicial office or in specified judicial offices on an auxiliary basis.\n\t(2)\tA person cannot be appointed to act in a judicial office under this section unless the person—\n\t(a)\tis eligible for appointment to the relevant judicial office on a permanent basis; or\n\t(b)\twould be eligible for appointment to the relevant judicial office on a permanent basis but for the fact that he or she is over the age of retirement; or\n\t(c)\thas retired from office—\n\t(i)\tas a judge of—\n\t(A)\tthe High Court; or\n\t(B)\tthe Federal Court; or\n\t(C)\tthe Supreme Court of some other State, or a Territory, of the Commonwealth; or\n\t(D)\tthe District Court or County Court of some other State, or a Territory, of the Commonwealth; or\n\t(E)\tthe Court of Appeal or the Supreme Court of New Zealand; or\n\t(ii)\tas a magistrate; or\n\t(d)\tholds office—\n\t(i)\tas a judge of—\n\t(A)\tthe Federal Court; or\n\t(B)\tthe Supreme Court of some other State, or a Territory, of the Commonwealth; or\n\t(C)\tthe District Court or County Court of some other State, or a Territory, of the Commonwealth; or\n\t(D)\tthe Court of Appeal or the Supreme Court of New Zealand; or\n\t(ii)\tas a magistrate; or\n\t(e)\tholds a prescribed office in a prescribed court of a jurisdiction outside Australia.\n\t(2a)\tHowever, a person cannot be appointed under subsection (2)(d) or (e) except with the concurrence of the judicial head of the Court of the other jurisdiction.\n\t(3)\tA person who already holds a judicial office may concurrently hold an appointment under this section to act in some other judicial office on an auxiliary basis.\n\t(4)\tAn appointment made under this section will be for an initial term (not exceeding 12 months) specified in the instrument of appointment and may, with the concurrence of the Chief Justice, be extended for a further term or terms (but the appointment may not be extended on any one occasion by more than 12 months).\n\t(5)\tAn appointment under this section cannot be revoked.\n\t(6)\tThe remuneration and conditions of service applicable to a person holding an appointment under this section will be determined by the Governor with the concurrence of the Chief Justice.\n\t(7)\tA person acquires no rights under the Judges' Pensions Act 1971 in respect of service in a judicial office on an auxiliary basis unless that person concurrently holds an appointment (on a permanent basis) to some other judicial office that attracts such rights, in which case the service will be treated as if it were service in the office that he or she holds on a permanent basis.\n\t(8)\tFor the purposes of this section, if in order to be eligible for appointment to a judicial office on a permanent basis a person must hold some other judicial office, the person is to be regarded as eligible for appointment to the judicial office on a permanent basis if he or she is eligible for appointment to the other judicial office on a permanent basis or would be so eligible but for the fact that he or she is over the age of retirement.\n4—Powers of judicial auxiliary\n\t(1)\tA person appointed to act in a judicial office on an auxiliary basis has, during the term of appointment, the same jurisdiction and powers as if appointed to the relevant judicial office on a permanent basis.\n\t(1a)\tA person appointed to act in a judicial office on an auxiliary basis may only exercise the jurisdiction and powers deriving from that office in respect of matters assigned to that person by—\n\t(a)\tthe judicial head of the court in which the office exists; or\n\t(b)\tthe judicial head of some other court in which he or she is undertaking, or is about to undertake, judicial work.\n\t(2)\tA person appointed to act in a judicial office on an auxiliary basis may, after the conclusion of a term of appointment, continue to act in the relevant office for the purpose of completing the hearing and determination of proceedings part-heard before the expiration of that term.\n5—Power of judicial officer to act in co-ordinate and less senior offices\n\t(1)\tA judicial officer holding or acting in a particular judicial office may exercise, in addition to the jurisdiction and powers attaching to that office, the jurisdiction and powers attaching to any other judicial office of a co-ordinate or lesser level of seniority.\n\t(3)\tA judicial officer who holds a particular judicial office but is acting in another may adopt the title appropriate to that other office.\n\t(4)\tA judicial officer who has been appointed to hold or act in a judicial office in a particular court must obtain the consent of the judicial head of that court before undertaking judicial work in another court (but such a consent is not required where the occasion to exercise the jurisdiction and powers of some other court arises incidentally in some matter before the court to which the judicial officer was appointed).\n6—Concurrent judicial appointments\n\t(1)\tA judicial officer may hold concurrent appointments to two or more judicial offices.\n\t(2)\tWhere the Governor makes an appointment by virtue of which a judicial officer will hold two or more concurrent appointments, one of the judicial offices must be designated by the Governor (with the consent of the appointee) as the primary judicial office.\n\t(3)\tThe remuneration and conditions of service of a judicial officer who holds two or more concurrent appointments will be the same as for a judicial officer who holds a single appointment to the primary office.\n\t(4)\tSubject to subsection (5), the retirement, resignation or removal from office of a judicial officer who holds two or more concurrent appointments will be governed by the law applicable to the primary office and the judicial officer will, until retirement, resignation or removal from office (or earlier death), continue to hold both or all of those appointments.\n\t(5)\tA judicial officer who holds two or more concurrent appointments may not, except with the approval of the Governor, resign from one or more of the relevant judicial offices without resigning from all of them, and a resignation, unless it is a resignation from all judicial offices, will not give rise to any right to pension, retirement leave or other similar benefit.\n\t(6)\tThis section does not apply in relation to—\n\t(a)\tthe appointment of a person to act in two or more judicial offices on an auxiliary basis; or\n\t(b)\tthe appointment of a judicial officer who holds judicial office on a permanent basis to act in some other judicial office on an auxiliary basis.\n7—Regulations\nThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Judicial Administration (Auxiliary Appointments and Powers) Act 1988 amended the following:\nLocal and District Criminal Courts Act 1926\nMagistrates Act 1983\nSupreme Court Act 1935\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1988\n95\n Judicial Administration (Auxiliary Appointments and Powers) Act 1988\n15.12.1988\n15.12.1988\n1989\n59\n Judicial Administration (Auxiliary Appointments and Powers) Act Amendment Act 1989\n26.10.1989\n26.10.1989\n1991\n33\n Statutes Amendment (Attorney-General's Portfolio) Act 1991\n24.4.1991\n6.6.1991 (Gazette 6.6.1991 p1776)\n1999\n65\n Judicial Administration (Auxiliary Appointments and Powers) (Definition of Judicial Office) Amendment Act 1999\n18.11.1999\n18.11.1999\n2001\n69\n Statutes Amendment (Courts and Judicial Administration) Act 2001\n6.12.2001\n Pt 7 (ss 14 & 15)—13.1.2002 (Gazette 10.1.2002 p4)\n2006\n44\n Statutes Amendment (Justice Portfolio) Act 2006\n14.12.2006\nPt 15 (ss 26 & 27)—18.1.2007 (Gazette 18.1.2007 p234)\n2012\n17\n Statutes Amendment (Attorney-General's Portfolio) Act 2012\n24.5.2012\nPt 8 (s 20)—5.8.2012 (Gazette 2.8.2012 p3302)\n2014\n16\n Return to Work Act 2014\n6.11.2014\nSch 9 (cl 4)—1.7.2015 (Gazette 4.12.2014 p6610)\n2016\n32\n Statutes Amendment (Youth Court) Act 2016\n30.6.2016\nPt 7 (ss 26 & 27)—1.1.2017 (Gazette 8.12.2016 p4903)\n2016\n46\n Judicial Administration (Auxiliary Appointments and Powers) (Qualification for Appointment) Amendment Act 2016\n29.9.2016\n29.9.2016\n2016\n63\n Statutes Amendment (South Australian Employment Tribunal) Act 2016\n8.12.2016\nPt 13 (ss 111 & 112)—1.7.2017 (Gazette 16.5.2017 p1221)\n2019\n45\n Supreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 51)—1.1.2021 (Gazette 10.12.2020 p5638)\n2024\n23\nStatutes Amendment (Attorney-General's Portfolio) Act 2024\n27.6.2024\nPt 5 (s 27)—26.8.2024 (Gazette 22.8.2024 p2871)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\ns 2\n\n\njudicial office\namended by 65/1999 s 2\n18.11.1999\n\namended by 69/2001 s 14\n13.1.2002\n\namended by 44/2006 s 26\n18.1.2007\n\namended by 16/2014 Sch 9 cl 4\n1.7.2015\n\namended by 32/2016 s 26\n1.1.2017\n\namended by 63/2016 s 111(1)—(4)\n1.7.2017\n\namended by 45/2019 Sch 1 cl 51\n1.1.2021\n\namended by 23/2024 s 27(1), (2)\n26.8.2024\ns 3\n\n\ns 3(2)\namended by 33/1991 s 11\n6.6.1991\n\namended by 44/2006 s 27(1)\n18.1.2007\n\namended by 46/2016 s 3(1)\n29.9.2016\ns 3(2a)\ninserted by 44/2006 s 27(2)\n18.1.2007\n\namended by 46/2016 s 3(2)\n29.9.2016\ns 3(7)\ninserted by 59/1989 s 2\n26.10.1989\ns 3(8)\ninserted by 17/2012 s 20\n5.8.2012\n\namended by 32/2016 s 27\n1.1.2017\ns 4\n\n\ns 4(1a)\ninserted by 59/1989 s 3\n26.10.1989\ns 5\n\n\ns 5(1)\namended by 69/2001 s 15(a)\n13.1.2002\n\namended by 63/2016 s 112(1)\n1.7.2017\ns 5(1a)\ninserted by 69/2001 s 15(b)\n13.1.2002\n\ndeleted by 63/2016 s 112(2)\n1.7.2017\ns 5(2)\ndeleted by 63/2016 s 112(3)\n1.7.2017\ns 6\ninserted by 59/1989 s 4\n26.10.1989\ns 7\ninserted by 46/2016 s 4\n29.9.2016\nSchs 1—3\nomitted under Legislation Revision and Publication Act 2002\n\nHistorical versions\nReprint No 1—15.8.1991\n\nReprint No 2—18.11.1999\n\nReprint No 3—13.1.2002\n\n18.1.2007\n\n5.8.2012\n\n1.7.2015\n\n29.9.2016\n\n1.1.2017\n\n1.7.2017\n\n1.1.2021\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1988 scope. Originally focused on auxiliary appointments to supplement the judiciary, it has grown to include: the South Australian Employment Tribunal (added 2016), expanded eligibility to include currently serving judges from other jurisdictions (2006), concurrent appointment mechanisms (1989), and complex pension treatment rules. The definition of 'judicial office' has been amended 8 times since 1999, adding new courts and tribunals. The 2016 amendments particularly broadened scope by allowing appointments of currently serving interstate and international judges, not just retired ones, transforming it from a retirement/post-retirement flexibility tool into an active cross-jurisdictional deployment mechanism."},"complexity_factors":["Multiple nested eligibility criteria in section 3(2) with five main categories (a)-(e) and sub-subsections (i)-(ii) and (A)-(E)","Cross-references to external judicial offices across multiple jurisdictions (Federal Court, other States, New Zealand, overseas courts)","Conditional logic requiring concurrence from multiple parties (Governor + Chief Justice, or Governor + appointee for concurrent appointments)","Exception to exception structure in section 3(2a) limiting appointments under 3(2)(d) and (e)","Complex defined term 'judicial office' with 7 categories establishing a hierarchy of seniority explicitly ordered in the definition","Interaction between auxiliary appointments and permanent appointments creating overlapping scenarios (sections 3(3), 3(7), 6(6))","Section 5(1) creates implied hierarchy interpretation requiring reference back to the section 2 definition ordering"],"plain_english_summary":"This South Australian law creates a flexible system for temporarily appointing experienced judges and magistrates to help manage court workloads. It allows the Governor (with the Chief Justice's approval) to appoint 'judicial auxiliaries'—qualified legal professionals, including retired judges from other Australian courts or overseas, to act temporarily in judicial roles. These auxiliary appointees have the same powers as permanent judges but can only handle cases assigned to them by court heads. The law also lets existing judges work across different courts of equal or lower rank, and permits holding multiple judicial positions at once (with one designated as the 'primary' role for pay and retirement purposes). The goal is to make the justice system more efficient by deploying judicial talent where it's needed most, without requiring full permanent appointments."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No determination can be made about whether the Act's scope changed from its original intent without access to the actual provisions, amendment history, or explanatory materials."},"complexity_factors":["No legislative text was retrievable — the source URL returned a Page Not Found error","Analysis is based solely on the Act's title, not its actual provisions","Complexity of the underlying Act cannot be assessed without content","Website migration (referenced 24 March 2026 update) has broken the original hyperlink"],"plain_english_summary":"Likely creates a framework for appointing retired or part‑time judges and magistrates as auxiliary judicial officers and sets out the powers they may exercise while assisting courts. \n\nIt affects former judges/magistrates asked to return, court administrators managing resources, and litigants whose matters may be heard by these temporary appointees — helping address backlogs and staffing pressures."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's scope has been altered repeatedly. Key changes include insertion of powers and limits for auxiliaries (s 4(1a) inserted 1989), creation of a concurrent‑appointment framework (s 6 inserted 1989), added consent requirement for interstate appointees (s 3(2a) inserted 2006), expansion and redefinition of 'judicial office' across multiple amendments (s 2 amended 1999, 2001, 2006, 2014, 2016, 2017, 2021, 2024), and a regulation‑making power added in 2016 (s 7). These amendments cumulatively broadened the categories of eligible office‑holders and introduced tighter procedural controls on assignments, terms and external appointments."},"complexity_factors":["Detailed eligibility grid for auxiliary appointment with multiple disjunctive categories (s 3(2)(a)–(e)) and an exception for office-holders over retirement age (s 3(2)(b)).","Requirement for concurrence or consent from judicial actors and the Governor for appointments and terms (s 3(1), s 3(4), s 3(6)), and for interstate/overseas appointments the head of the other jurisdiction must concur (s 3(2a)).","Term, extension and non‑revocability rules for auxiliary appointments: initial term limit 12 months, renewals limited to 12 months at a time, and appointments cannot be revoked (s 3(4)–(5)).","Limits and allocation of jurisdictional exercise: auxiliaries have same powers as permanent holders but may only exercise them in matters assigned by the judicial head (s 4(1), s 4(1a)), and may finish part‑heard matters (s 4(2)).","Seniority ordering and co‑ordination rules in the statutory definition of 'judicial office' affecting which offices are co‑ordinate or less senior (s 2), with power for officers to act in co‑ordinate/less senior offices (s 5).","Concurrent appointment regime requires designation of a primary office, fixes remuneration and conditions to that primary office, and restricts partial resignations (s 6(1)–(6)).","Pension and service consequences: auxiliary service generally does not attract Judges' Pensions rights unless the person holds another permanent office (s 3(7)).","Consent requirement before undertaking work in another court (s 5(4)) and ability to adopt alternate titles when acting (s 5(3)) adds administrative oversight points.","Statutory regulation‑making power for implementation detail (s 7) and numerous historical amendments altering definitions and powers (Legislative history) increase interpretive complexity."],"plain_english_summary":"Mechanically, the Act authorises temporary and concurrent auxiliary judicial appointments: the Governor, with the Chief Justice's concurrence, may appoint eligible, retired or visiting judges and magistrates to act in specified South Australian judicial offices for fixed terms and give them the same powers as permanent holders. It is presented as a measure to supplement and improve judicial deployment and efficiency; it affects sitting and retired judicial officers, court heads who allocate work, and the Executive responsible for pay and conditions."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/judicial-administration-auxiliary-appointments-and-powers-act-1988","history":"/api/acts/judicial-administration-auxiliary-appointments-and-powers-act-1988/history","analysis":"/api/acts/judicial-administration-auxiliary-appointments-and-powers-act-1988/analysis","conflicts":"/api/acts/judicial-administration-auxiliary-appointments-and-powers-act-1988/conflicts","importantCases":"/api/acts/judicial-administration-auxiliary-appointments-and-powers-act-1988/important-cases","documents":"/api/acts/judicial-administration-auxiliary-appointments-and-powers-act-1988/documents"}}