{"id":"tas:act-1887-036","name":"Supreme Court Act 1887","slug":"supreme-court-act-1887","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"36 of 1887","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110865,"registerId":"tas-act-1887-036-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Interpretation","content":"### 1 Interpretation\n\n> *\\[Section 1 Amended by 26 Geo. V No. 16, s. 7 \\]**\\[Section 1 Amended by No. 68 of 1994, s. 3 and Sched. 1 \\]*[*\\[Section 1 Substituted by No. 91 of 1999, s. 75, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS75@EN) In this Act, unless the contrary intention appears –[*\\[Section 1 Amended by No. 54 of 2016, s. 108, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS108@Hpa@EN) [*\\[Section 1 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja100@GC1@Hpa@EN) [*\\[Section 1 Amended by No. 9 of 2016, s. 5, Applied:10 Jun 2016\\]*](/view/html/inforce/2016-06-10/act-2016-009#GS5@Hpa@EN) [*\\[Section 1 Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000\\]*](/view/html/inforce/2000-12-13/act-2000-103#JS1@Ja26@GC1@EN) [*\\[Section 1 Amended by No. 54 of 2016, s. 108, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS108@Hpb@EN) [*\\[Section 1 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja29@GC1@EN) [*\\[Section 1 Amended by No. 54 of 2016, s. 108, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS108@Hpb@EN)\n> \n> > ***Secretary*** means the Secretary of the Department;\n> \n> [*\\[Section 1 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja100@GC1@Hpb@EN) [*\\[Section 1 Amended by No. 9 of 2016, s. 5, Applied:10 Jun 2016\\]*](/view/html/inforce/2016-06-10/act-2016-009#GS5@Hpb@EN)\n> \n> > [*\\[Section 1 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja61@GC1@EN) ***spouse*** includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) ;\n> \n> [*\\[Section 1 Amended by No. 54 of 2016, s. 108, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS108@Hpc@EN)","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Additional puisne judges","content":"### 2 Additional puisne judges\n\n> *\\[Section 2 Amended by 26 Geo. V No. 16, s. 7 \\]**\\[Section 2 Amended by No. 18 of 1951, s. 2 \\]**\\[Section 2 Amended by No. 30 of 1958, s. 2 \\]**\\[Section 2 Substituted by No. 88 of 1975, s. 2 \\]**\\[Section 2 Amended by No. 37 of 1984, s. 4 \\]*[*\\[Section 2 Amended by No. 9 of 2016, s. 6, Applied:10 Jun 2016\\]*](/view/html/inforce/2016-06-10/act-2016-009#GS6@EN) In addition to the Chief Justice and the puisne judge of the Supreme Court required to be appointed under the Charter of Justice, the Governor may appoint persons to be additional puisne judges of the Supreme Court, so long as at any one time there are not more than 5 such additional puisne judges.","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"State Service Act 2000  not to apply","content":"### 2A State Service Act 2000  not to apply\n\n> *\\[Section 2A Inserted by No. 29 of 1984, s. 3 and Sched. 1 \\]**\\[Section 2A Renumbered by No. 46 of 1991, s. 5 and Sched. 3 \\]*[*\\[Section 2A Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja146@GC1@EN) The [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) does not apply to the appointment of judges of the Supreme Court.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Acting judges","content":"### 3 Acting judges\n\n> *\\[Section 3 Amended by 26 Geo. V No. 16, s. 7 \\]**\\[Section 3 Repealed by No. 19 of 1951, s. 10 \\]*\n> \n> > (1)  [*\\[Section 3 Subsection (1) amended by No. 9 of 2016, s. 7, Applied:10 Jun 2016\\]*](/view/html/inforce/2016-06-10/act-2016-009#GS7@Hpb@EN) [*\\[Section 3 Subsection (1) amended by No. 9 of 2016, s. 7, Applied:10 Jun 2016\\]*](/view/html/inforce/2016-06-10/act-2016-009#GS7@Hpa@EN) [*\\[Section 3 Subsection (1) amended by No. 29 of 1998, s. 4, Applied:26 Jun 1998\\]*](/view/html/inforce/1998-06-26/act-1998-029#GS4@Hpa@EN) Where the Governor is of opinion that a situation of a temporary nature has arisen, or is likely to arise, in which it is necessary or desirable, in the public interest, that the powers of this section should be exercised, he or she may appoint a qualified person as an acting judge of the Court to act as puisne judge thereof until the happening of such event, or for such period, as the Governor may specify in the instrument of appointment.\n> \n> > (1A)  [*\\[Section 3 Subsection (1A) inserted by No. 29 of 1998, s. 4, Applied:26 Jun 1998\\]*](/view/html/inforce/1998-06-26/act-1998-029#GS4@Hpb@EN) In [subsection (1)](#GS3@Gs1@EN) ,\n> > \n> > > ***qualified person*** means a person who –\n> > > \n> > > > > (a) is eligible for the office of judge of the Supreme Court; or\n> > > > \n> > > > > (ab) [*\\[Section 3 Subsection (1A) amended by No. 43 of 2006, s. 58, Applied:18 Dec 2006\\]*](/view/html/inforce/2006-12-18/act-2006-043#GS58@EN) has been a judge of the Supreme Court; or\n> > > > \n> > > > > (b) is or has been a judge of the Federal Court of Australia; or\n> > > > \n> > > > > (c) is or has been a judge of the Supreme Court of another State or a Territory.\n> \n> > (1B)  [*\\[Section 3 Subsection (1B) inserted by No. 9 of 2016, s. 7, Applied:10 Jun 2016\\]*](/view/html/inforce/2016-06-10/act-2016-009#GS7@Hpc@EN) The Governor may appoint an acting judge to that office on a full-time basis, or a part-time basis, as may be specified in the instrument of appointment.\n> \n> > (1C)  [*\\[Section 3 Subsection (1C) inserted by No. 9 of 2016, s. 7, Applied:10 Jun 2016\\]*](/view/html/inforce/2016-06-10/act-2016-009#GS7@Hpc@EN) If –\n> > \n> > > > (a) an acting judge has been appointed to that office until the happening of an event or for a period specified in the instrument of appointment; and\n> > > \n> > > > (b) that event occurs, or that period expires, after the acting judge has commenced hearing a matter but before the acting judge has determined the matter, including determining any applications for consequential orders in relation to the matter –\n> > \n> > the acting judge is taken to have been appointed to the office of acting judge on a part-time basis, or is taken to continue to be appointed to the office of acting judge on a part-time basis, until the acting judge has so determined the matter.\n> \n> > (2)  [*\\[Section 3 Subsection (2) amended by No. 9 of 2016, s. 7, Applied:10 Jun 2016\\]*](/view/html/inforce/2016-06-10/act-2016-009#GS7@Hpd@EN) Subject to this section, an acting judge holding office under this section has the same powers and jurisdiction as a puisne judge of the Supreme Court, and while he or she so holds office shall be deemed to be a puisne judge of the Court.\n> \n> > (3)  [*\\[Section 3 Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja113@GC1@Hpa@EN) [*\\[Section 3 Subsection (3) amended by No. 9 of 2016, s. 7, Applied:10 Jun 2016\\]*](/view/html/inforce/2016-06-10/act-2016-009#GS7@Hpe@EN) If an acting judge is appointed to that office on a full-time basis, the acting judge is entitled to be paid out of the Public Account (which, to the necessary extent, is appropriated accordingly) a salary at the same rate as that payable to a puisne judge.\n> \n> > (3A)  [*\\[Section 3 Subsection (3A) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja113@GC1@Hpb@EN) [*\\[Section 3 Subsection (3A) inserted by No. 9 of 2016, s. 7, Applied:10 Jun 2016\\]*](/view/html/inforce/2016-06-10/act-2016-009#GS7@Hpf@EN) If an acting judge is appointed to that office on a part-time basis, the acting judge is entitled to be paid out of the Public Account (which, to the necessary extent, is appropriated accordingly) a salary at the rate of –\n> > \n> > > > (a) for each full sitting day the acting judge serves as an acting judge for the purposes of this Act, 1/230th of the annual salary payable to a puisne judge; or\n> > > \n> > > > (b) if the acting judge is required to serve as acting judge for less than a full sitting day, a proportion of the rate specified in [paragraph (a)](#GS3@Gs3A@Hpa@EN) for a full sitting day that is equivalent to the proportion of the sitting day so served.\n> \n> > (4)  *\\[Section 3 Subsection (4) substituted by No. 19 of 1995, s. 12 \\]*The [Judges' Contributory Pensions Act 1968](/view/html/inforce/2026-04-12/act-1968-073) does not apply to a person by reason of that person holding office as an acting judge and service as an acting judge is not taken to be service as a judge for the purposes of that Act.\n> \n> > (5)  [Section 5](#GS5@EN) does not apply to the appointment of an acting judge, and [section 6A](#GS6A@EN) does not apply to the office of acting judge.\n> \n> > (6)  [*\\[Section 3 Subsection (6) inserted by No. 9 of 2016, s. 7, Applied:10 Jun 2016\\]*](/view/html/inforce/2016-06-10/act-2016-009#GS7@Hpg@EN) For the avoidance of doubt, an acting judge appointed under this section is not a puisne judge for the purposes of [section 2](#GS2@EN) .","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Qualification for appointment","content":"### 4 Qualification for appointment\n\n> [*\\[Section 4 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja100@GC2@EN) *\\[Section 4 Subsection (1) amended by 26 Geo. V No. 16, s. 7 \\]**\\[Section 4 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 \\]**\\[Section 4 Subsection (2) added by 26 Geo. V No. 16, s. 7 \\]*[*\\[Section 4 Substituted by No. 9 of 2016, s. 8, Applied:10 Jun 2016\\]*](/view/html/inforce/2016-06-10/act-2016-009#GS8@EN)\n> \n> > (1)  A person is eligible for appointment to the office of judge of the Supreme Court if the person –\n> > \n> > > > (a) is an Australian lawyer of no less than 10 years' standing who has attained the age of 35 years; or\n> > > \n> > > > (b) is, or has been, a judge of –\n> > > > \n> > > > > > (i) the Federal Court of Australia; or\n> > > > > \n> > > > > > (ii) the Family Court of Australia; or\n> > > > > \n> > > > > > (iii) the Supreme Court of another State or a Territory; or\n> > > > > \n> > > > > > (iv) the High Court of New Zealand; or\n> > > > > \n> > > > > > (v) the Supreme Court of New Zealand; or\n> > > \n> > > > (c) is, or has been, appointed as a magistrate under the [Magistrates Court Act 1987](/view/html/inforce/2026-04-12/act-1987-045) .\n> \n> > (2)  An appointment of a person as a judge under this Act, as in force before the commencement of the [Supreme Court Amendment (Judges) Act 2016](/view/html/inforce/2026-04-12/act-2016-999) , is not invalid by reason only that the person did not hold the qualifications, or had not attained the age, required under this Act as in force at the time of the appointment.\n> \n> > (3)  An appointment of a person as a judge, as referred to in [subsection (2)](#GS4@Gs2@EN) , is deemed for the purposes of any Act –\n> > \n> > > > (a) to have been validly made on the relevant day; and\n> > > \n> > > > (b) to have always been validly made on the relevant day; and\n> > > \n> > > > (c) to have been validly made before the person served as, or performed or exercised a function, duty or power of, a judge under any Act –\n> > \n> > and no action taken or omitted to be taken by the person after such an appointment is invalid by reason only that, at the time when the action was taken or omitted to be taken, this section was not in force.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Mode of appointment","content":"### 5 Mode of appointment\n\n> *\\[Section 5 Amended by 26 Geo. V No. 16, s. 7 \\]*After the commencement of this Act the nomination and appointment of the judges of the Supreme Court by virtue of any power in that behalf enabling shall be by the Governor by letters patent under the Public Seal of the State.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Powers and privileges","content":"### 6 Powers and privileges\n\n> *\\[Section 6 Amended by 26 Geo. V No. 16, s. 7 \\]*\n> \n> > (1)  Each of the puisne judges of the said Court shall have, hold, exercise, and enjoy all the powers, privileges, and immunities which, by the Charter of Justice and any law, statute, or usage, are conferred upon or made exercisable by the puisne judge of the Supreme Court of Tasmania or any judge of the said Court to and for all intents and purposes whatsoever as fully and effectually as if each of the said puisne judges had been respectively mentioned or referred to in the said Charter and every law or statute relating to the said Court or the practice or procedure thereof in any jurisdiction whatsoever.\n> \n> > (2)  Where in the said Charter or any former Act reference is made to two judges of the said Court, the same shall, after the appointment of an additional puisne judge under this Act, be deemed to refer to the said Chief Justice and the puisne judges hereinbefore mentioned.","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Retirement of judges","content":"### 6A Retirement of judges\n\n> *\\[Section 6A Inserted by No. 18 of 1951, s. 3 \\]*\n> \n> > (1)  [*\\[Section 6A Subsection (1) amended by No. 11 of 2021, s. 7, Applied:06 Sep 2021\\]*](/view/html/inforce/2021-09-06/act-2021-011#GS7@EN) [*\\[Section 6A Subsection (1) amended by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005\\]*](/view/html/inforce/2005-06-10/act-2005-017#JS1@Ja19@GC1@EN) Each of the judges of the said Court shall retire from office on attaining the age of 75 years.\n> \n> > (2)  This section does not apply to or in respect of any person holding office as a judge of the said Court at the commencement of this section.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Remuneration of judges","content":"### 7 Remuneration of judges\n\n> *\\[Section 7 Repealed by No. 41 of 1959, s. 2 and Sched. \\]*\n> \n> > (1)  [*\\[Section 7 Subsection (1) amended by No. 91 of 1999, s. 76, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS76@Hpa@EN) The Chief Justice is to be paid a salary in respect of a financial year at the rate determined by the Auditor-General under [subsection (3)](#GS7@Gs3@EN) or [(3A)](#GS7@Gs3A@EN) .\n> \n> > (2)  A puisne judge is to be paid a salary at the rate of 90% of that of the Chief Justice.\n> \n> > (3)  [*\\[Section 7 Subsection (3) amended by No. 91 of 1999, s. 76, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS76@Hpb@EN) [*\\[Section 7 Subsection (3) substituted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000\\]*](/view/html/inforce/2000-12-13/act-2000-103#JS1@Ja26@GC2@EN) The Auditor-General, as soon as practicable after 31 May in each year and in accordance with this section, must determine the rate that is the average of the rates of salary payable to the Chief Justices in South Australia and Western Australia at the time of the determination, and that rate of salary is to have effect in respect of the financial year commencing on the following 1 July.\n> \n> > (3A)  [*\\[Section 7 Subsection (3A) inserted by No. 91 of 1999, s. 76, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS76@Hpc@EN) If the salary of the Chief Justice of South Australia or of the Chief Justice of Western Australia is varied as a consequence of a change in any applicable law relating to the superannuation entitlements of either Chief Justice, the Auditor-General must disregard the amount of that variation that in his or her opinion is attributable to that change in the law.\n> \n> > (3B)  [*\\[Section 7 Subsection (3B) inserted by No. 91 of 1999, s. 76, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS76@Hpc@EN) For the purposes of [subsection (3A)](#GS7@Gs3A@EN) , the Auditor-General may seek advice from –\n> > \n> > > > (a) the Secretary of the responsible Department in relation to the [Judges' Contributory Pensions Act 1968](/view/html/inforce/2026-04-12/act-1968-073) ; and\n> > > \n> > > > (b) [*\\[Section 7 Subsection (3B) amended by No. 54 of 2016, s. 109, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS109@EN) a person or organisation appointed as Actuary for the purposes of the [Public Sector Superannuation Reform Act 2016](/view/html/inforce/2026-04-12/act-2016-011) ; and\n> > > \n> > > > (c) any other person or organisation that the Auditor-General considers appropriate.\n> \n> > (3C)  [*\\[Section 7 Subsection (3C) inserted by No. 91 of 1999, s. 76, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS76@Hpc@EN) [*\\[Section 7 Subsection (3C) substituted by No. 52 of 2002, s. 24, Applied:27 Nov 2002\\]*](/view/html/inforce/2002-11-27/act-2002-052#GS24@EN) Notwithstanding [subsections (1)](#GS7@Gs1@EN) and [(2)](#GS7@Gs2@EN) , a judge may elect, in writing to the Secretary, at any time but not more than once in a period of one year, that the salary determined in accordance with this section may be provided –\n> > \n> > > > (a) in part by the payment of salary to the judge; and\n> > > \n> > > > (b) [*\\[Section 7 Subsection (3C) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja29@GC2@EN) in part by the payment of employer superannuation contributions to an RSA or a complying superannuation scheme, which may include the accumulation scheme.\n> \n> > (3D)  [*\\[Section 7 Subsection (3D) inserted by No. 91 of 1999, s. 76, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS76@Hpc@EN) If a judge elects to sacrifice some or all of his or her salary under [subsection (3C)](#GS7@Gs3C@EN)  –\n> > \n> > > > (a) the election has effect from the date of the election or from a later date specified in the election for that purpose; and\n> > > \n> > > > (b) he or she is taken, for any purpose related to superannuation, to have received the salary determined in accordance with this section, notwithstanding the salary sacrifice.\n> \n> > (4)  [*\\[Section 7 Subsection (4) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja113@GC2@EN) The Chief Justice and puisne judges are entitled to be paid out of the Public Account.\n> \n> > (5)  [*\\[Section 7 Subsection (5) omitted by No. 91 of 1999, s. 76, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS76@Hpd@EN) .  .  .  .  .  .  .  .","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Superannuation entitlements of judge appointed after 1 July 1999","content":"### 8 Superannuation entitlements of judge appointed after 1 July 1999\n\n> *\\[Section 8 Amended by 26 Geo. V No. 16, s. 7 \\]**\\[Section 8 Repealed by No. 41 of 1959, s. 2 and Sched. \\]*\n> \n> > (1)  This section applies only in respect of a person appointed as a judge after 1 July 1999.\n> \n> > (2)  [*\\[Section 8 Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja29@GC3@Hpa@EN) [*\\[Section 8 Subsection (2) amended by No. 6 of 2013, s. 16, Applied:13 May 2013\\]*](/view/html/inforce/2013-05-13/act-2013-006#GS16@Hpa@EN) [*\\[Section 8 Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja29@GC3@Hpd@EN) [*\\[Section 8 Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja29@GC3@Hpc@EN) [*\\[Section 8 Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja29@GC3@Hpb@EN) [*\\[Section 8 Subsection (2) substituted by No. 54 of 2016, s. 110, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS110@EN) Where a person is appointed as a judge after 1 July 1999, the person is an employee for the purposes of the [Public Sector Superannuation Reform Act 2016](/view/html/inforce/2026-04-12/act-2016-011) *.*\n> \n> > (3)  [*\\[Section 8 Subsection (3) amended by No. 6 of 2013, s. 16, Applied:13 May 2013\\]*](/view/html/inforce/2013-05-13/act-2013-006#GS16@Hpb@EN) [*\\[Section 8 Subsection (3) omitted by No. 54 of 2016, s. 110, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS110@EN) .  .  .  .  .  .  .  .  \n> \n> > (4)  [*\\[Section 8 Subsection (4) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja29@GC3@Hpf@EN) [*\\[Section 8 Subsection (4) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja29@GC3@Hpe@EN) [*\\[Section 8 Subsection (4) omitted by No. 54 of 2016, s. 110, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS110@EN) .  .  .  .  .  .  .  .  \n> \n> > (5)  [*\\[Section 8 Subsection (5) substituted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja29@GC3@Hpg@EN) [*\\[Section 8 Subsection (5) omitted by No. 54 of 2016, s. 110, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS110@EN) .  .  .  .  .  .  .  .  \n> \n> > (6)  [*\\[Section 8 Subsection (6) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja29@GC3@Hph@EN) [*\\[Section 8 Subsection (6) amended by No. 6 of 2013, s. 16, Applied:13 May 2013\\]*](/view/html/inforce/2013-05-13/act-2013-006#GS16@Hpc@EN) [*\\[Section 8 Subsection (6) omitted by No. 54 of 2016, s. 110, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS110@EN) .  .  .  .  .  .  .  .  \n> \n> > (6A)  [*\\[Section 8 Subsection (6A) amended by No. 6 of 2013, s. 16, Applied:13 May 2013\\]*](/view/html/inforce/2013-05-13/act-2013-006#GS16@Hpd@EN) [*\\[Section 8 Subsection (6A) inserted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja29@GC3@Hpi@EN) [*\\[Section 8 Subsection (6A) omitted by No. 54 of 2016, s. 110, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS110@EN) .  .  .  .  .  .  .  .  \n> \n> > (7)  [*\\[Section 8 Subsection (7) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja29@GC3@Hpj@EN) .  .  .  .  .  .  .  .  \n> \n> > (8)  [*\\[Section 8 Subsection (8) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000\\]*](/view/html/inforce/2000-12-13/act-2000-103#JS1@Ja26@GC3@EN) [*\\[Section 8 Subsection (8) omitted by No. 54 of 2016, s. 110, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS110@EN) .  .  .  .  .  .  .  .","sortOrder":9},{"sectionNumber":"8A.","sectionType":"section","heading":null,"content":"### 8A.\n\n[*\\[Section 8A Amended by No. 60 of 2009, s. 89, Applied:01 Oct 2010\\]*](/view/html/inforce/2010-10-01/act-2009-060#GS89@EN) [*\\[Section 8A Inserted by No. 91 of 1999, s. 77, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS77@EN) [*\\[Section 8A Repealed by No. 54 of 2016, s. 111, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS111@EN)","sortOrder":10},{"sectionNumber":"8B.","sectionType":"section","heading":null,"content":"### 8B.\n\n[*\\[Section 8B Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja61@GC2@EN) [*\\[Section 8B Inserted by No. 91 of 1999, s. 77, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS77@EN) [*\\[Section 8B Repealed by No. 54 of 2016, s. 111, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS111@EN)","sortOrder":11},{"sectionNumber":"8C","sectionType":"section","heading":"Appropriation","content":"### 8C Appropriation\n\n> [*\\[Section 8C Amended by No. 54 of 2016, s. 112, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS112@EN) [*\\[Section 8C Inserted by No. 91 of 1999, s. 77, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS77@EN) [*\\[Section 8C Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja113@GC3@EN) An amount payable by virtue of a judge being an employee for the purposes of the [Public Sector Superannuation Reform Act 2016](/view/html/inforce/2026-04-12/act-2016-011) is payable out of the Public Account which, to the necessary extent, is appropriated accordingly.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Rules of Court","content":"### 9 Rules of Court\n\n> *\\[Section 9 Repealed by 26 Geo. V No. 16, s. 7 \\]**\\[Section 9 Amended by No. 37 of 1984, s. 5 \\]*The power to make rules and orders under [section 16 of the](/view/html/inforce/2026-04-12/act-9999-999#GS16@EN) [Australian Courts Act, 1828](/view/html/inforce/2026-04-12/act-9999-999) may so far as it still exists be exercised by a majority of the judges.","sortOrder":13},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n*\\[Section 10 Substituted by 26 Geo. V No. 16, s. 7 \\]* *\\[Section 10 Amended by No. 30 of 1958, s. 3 \\]* *\\[Section 10 Repealed by No. 41 of 1959, s. 2 and Sched. 1 \\]*","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Sittings of the Court","content":"### 11 Sittings of the Court\n\n> *\\[Section 11 Amended by 26 Geo. V No. 16, s. 7 \\]*\n> \n> > (1)  *\\[Section 11 Subsection (1) amended by No. 50 of 1977, s. 11 \\]*Sittings of the Court for the trial of civil or criminal issues and assessment of damages and for the exercise of any other jurisdiction conferred upon the Court by law shall be held at such times and at such places as may lawfully be appointed.\n> \n> > (2)  It shall be incumbent upon a judge to attend and preside over such sittings, and to attend to the due despatch of business in Chambers in Launceston as circumstances may from time to time require.\n> \n> > (3)  One of the judges shall attend in Chambers at Launceston at least one day in each week unless previously notified by the Deputy-Sheriff that his attendance is not required; but a judge shall not be obliged to attend at Launceston when his services are necessary in Hobart during term time or for the sittings of the Supreme Court.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Short title","content":"### 12 Short title\n\n> *\\[Section 12 Substituted by 26 Geo. V No. 16, s. 7 \\]*This Act may be cited as the [Supreme Court Act 1887](/view/html/inforce/2026-04-12/act-1887-036) .","sortOrder":16}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally a straightforward statute establishing the Supreme Court's composition and sittings, the Act has expanded significantly into a complex instrument governing judicial employment conditions. The original 1887 Act likely dealt primarily with court structure and sittings. Over 130+ years of amendments, it has absorbed: detailed superannuation arrangements (originally in dedicated provisions, now referencing external schemes), salary benchmarking mechanisms, part-time and acting judge regimes with intricate payment formulas, and relationship recognition for judicial spouses. The 2016 amendments substantially rewrote the superannuation framework, shifting from dedicated judicial pension schemes to the general public sector scheme. The Act now functions as much as an employment statute for senior public officers as a court constitution Act."},"complexity_factors":["Extensive amendment history visible throughout — nearly every section shows multiple amendments dating back to 1887, with some sections substituted multiple times","Nested definitions: 'qualified person' for acting judges has 4 alternative criteria (s. 3(1A)), and 'spouse' incorporates by reference the Relationships Act 2003 definition of 'significant relationship'","Cross-references to at least 6 other Acts: Charter of Justice, State Service Act 2000, Relationships Act 2003, Judges' Contributory Pensions Act 1968, Magistrates Court Act 1987, Public Sector Superannuation Reform Act 2016","Complex remuneration formula in s. 7 requiring the Auditor-General to calculate averages across two other jurisdictions (SA and WA) with adjustments for superannuation-related variations","Temporal distinctions creating parallel regimes: different rules for judges appointed before/after 1 July 1999, before/after 2005, before/after 2016 amendments","Section 8 shows heavy redaction — most subsections omitted by 2016 amendments, leaving only skeletal framework","Conditional logic in acting judge provisions: full-time vs part-time distinctions, continuation of appointment beyond expiry to finish matters (s. 3(1C)), salary calculations based on 1/230th of annual salary per sitting day"],"plain_english_summary":"**What this legislation does:**\n\nThis is the **Supreme Court Act 1887** (Tasmania), which establishes the framework for the State's highest court. It covers:\n\n- **Who can be a judge**: Sets out the qualifications needed to become a Supreme Court judge — you must be an Australian lawyer with at least 10 years' experience and aged 35 or over, OR have served as a judge in certain other courts (Federal Court, other State Supreme Courts, New Zealand courts, or as a Tasmanian magistrate).\n\n- **How many judges**: Allows for a Chief Justice plus up to 5 additional \"puisne judges\" (pronounced \"puny\" — an old French term meaning junior or associate judges). The Governor appoints these judges by official letters patent (a formal document under the State's seal).\n\n- **Acting judges**: Lets the Governor appoint temporary judges when needed — these can be former judges, Federal Court judges, or judges from other States/Territories. Acting judges can work full-time or part-time and get paid per sitting day if part-time.\n\n- **Retirement age**: Judges must retire at 75 (though this didn't apply to judges already in office when the rule was introduced).\n\n- **Pay and superannuation**: \n  - Judges' salaries are benchmarked against what Chief Justices in South Australia and Western Australia earn\n  - Judges can \"salary sacrifice\" (put part of their pay into superannuation)\n  - Judges appointed after 1999 are covered by the general public sector superannuation scheme\n\n- **Court operations**: Requires the Court to hold sessions in both Hobart and Launceston, with at least one judge attending Launceston chambers weekly.\n\n**Who it affects:**\n- Anyone appearing before Tasmania's Supreme Court\n- Lawyers aspiring to judicial appointment\n- Current and retired judges\n- The State Government (which pays judicial salaries)\n\n**Why it matters:**\nThis Act underpins the independence and functioning of Tasmania's highest court. It ensures there are enough judges to hear cases, sets standards for who can serve, and protects judicial independence by guaranteeing salaries and separating judges from ordinary public service employment rules."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. The Act's scope has been modernised and narrowed in places through numerous amendments: it now expressly permits up to five additional puisne judges (s 2), exempts judicial appointments from the State Service Act (s 2A), adds detailed acting‑judge rules and pay mechanics including part‑time appointments (s 3), modernises eligibility pathways and validates prior appointments (s 4(1)–(3)), fixes a retirement age (s 6A), and reworks remuneration and superannuation arrangements to link salaries and employer obligations to other jurisdictions and the Public Sector Superannuation Reform Act with payments from the Public Account (ss 7, 8, 8C). Several obsolete provisions have been repealed or relocated in consequence."},"complexity_factors":["Cross‑statutory dependencies: multiple provisions refer to other Acts (State Service Act 2000, Judges' Contributory Pensions Act 1968, Public Sector Superannuation Reform Act 2016) which affect operation and interpretation (see ss 2A, 3(4), 8, 8C).","Layered amendment and repeal history: many sections have been inserted, substituted or repealed over time, producing uneven legacy text and removed provisions (see amendment notes throughout).","Delegated decision‑makers and discretion: Governor decides appointments and may specify full‑time/part‑time acting judges (s 2, s 3(1), (1B)); Auditor‑General determines chief justice salary (s 7(3)).","Eligibility and multiple appointment pathways: qualification criteria include experience as lawyer, magistrate or judge in several courts and jurisdictions, plus transitional validation for earlier appointments (s 4(1)–(3)).","Complex pay and payment mechanics: salaries charged to the Public Account; part‑time acting judges paid pro rata; judges may elect salary sacrifice into superannuation schemes (ss 3(3),(3A), 7(3C)–(3D), 8C).","Operational detail for acting judges: definitions of 'qualified person', part‑time/full‑time appointment rules, continuity where matters commence before term end, and exclusion from pension accrual (s 3(1A)–(1C), (3A), (4), (6)).","Retirement and transitional rules: mandatory retirement age introduced with grandfathering for incumbents (s 6A(1)–(2)).","References to external salary comparators and adjustments: Chief Justice salary tied to averages of other States and adjusted for superannuation law changes, requiring actuarial/advisory input (s 7(3)–(3B), (3A))."],"plain_english_summary":"Mechanically, the Act sets how Supreme Court judges are appointed, who is eligible, how many additional puisne judges may serve, how acting judges are appointed and paid, judges' retirement age, and how judicial pay and superannuation are provided (including payments from the Public Account). It affects judges, the Governor (appointment power), the Auditor‑General (salary-setting) and State finances. It matters because it fixes judicial staffing, eligibility, pay and retirement rules that determine the court's capacity, the cost to government and incentives for candidates."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Given the Act has been in force since 1887 and has undergone numerous amendments over more than 130 years, it is highly likely that the scope has evolved considerably from the original intent. Courts, their procedures, and their jurisdictions have changed dramatically since the colonial era, and amendments would have updated the Act to reflect modern legal practice, court structures, and expanded rights. However, the specific extract provided does not contain enough substantive legislative text to confirm the precise nature of those scope changes."},"complexity_factors":["The Act dates from 1887, meaning it uses older legislative drafting styles that can be difficult to interpret","Over 130 years of amendments mean the current version may differ significantly from the original, requiring cross-referencing of amending instruments","Constitutional court legislation typically involves jurisdictional concepts (the legal authority a court has) that can be nuanced","Limited substantive content was provided in this extract, making it difficult to assess the full complexity of the operative provisions","Interaction with other Tasmanian and Commonwealth court legislation adds interpretive layers"],"plain_english_summary":"The Supreme Court Act 1887 establishes and governs the Supreme Court of Tasmania — the state’s highest court — providing the legal foundation for its authority, structure and operation. It affects anyone involved in serious criminal trials, major civil disputes or appeals that reach Tasmania’s top court. The Act is foundational, very old (1887) and heavily amended; the provided extract is largely administrative metadata, so substantive detail is limited."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-act-1887","history":"/api/acts/supreme-court-act-1887/history","analysis":"/api/acts/supreme-court-act-1887/analysis","conflicts":"/api/acts/supreme-court-act-1887/conflicts","importantCases":"/api/acts/supreme-court-act-1887/important-cases","documents":"/api/acts/supreme-court-act-1887/documents"}}