36Delegation to Commissioners

#### 36 Delegation to Commissioners 36 Delegation to Commissioners > > (1) Where proceedings are pending in Class 1, 2 or 3 of the Court’s jurisdiction (other than proceedings that are being dealt with under section 34A or 40), the Chief Judge— > > > > > (a) except as provided by paragraph (b) or subsection (1B), may, of the Chief Judge’s own motion or on the request of a party, direct that the proceedings be heard and disposed of by one or more Commissioners, and > > > > > (b) shall, where the proceedings are proceedings— > > > > > > > (i) arising under the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042), and > > > > > > > (ii) of a kind specified in Schedule 2, > > > > > > direct that the proceedings be heard and disposed of by a Commissioner. > > > (1A) The Governor may, by regulation, amend Schedule 2 by— > > > > > (a) adding thereto any matter, > > > > > (b) altering any matter therein, or > > > > > (c) omitting any matter therefrom, > > > > or may, by regulation, omit the Schedule and insert instead a new Schedule. > > > (1B) The Chief Judge may not direct under this section that proceedings under section 29, 30 or 31 of the [Access to Neighbouring Land Act 2000](/view/html/inforce/current/act-2000-002) are to be heard and disposed of by one or more Commissioners. > > > (2) Subject to this Act and the rules, the Commissioner or Commissioners hearing and disposing of the proceedings pursuant to this section shall have and may exercise the functions of the Court (other than its functions under this section). > > > (3) The decision of the Commissioner or Commissioners shall be deemed to be the decision of the Court. > > > (4) Where proceedings are directed to be heard and disposed of by 2 or more Commissioners— > > > > > (a) if the Senior Commissioner is one of the Commissioners hearing and disposing of the proceedings—the Senior Commissioner shall preside at the hearing of the proceedings, > > > > > (b) if the Senior Commissioner is not one of those Commissioners—one of those Commissioners directed to do so by the Chief Judge shall preside at the hearing, and > > > > > (c) if the Commissioners are divided in opinion as to the decision to be made on any question— > > > > > > > (i) if there is a majority of the one opinion—the question shall be decided according to the opinion of the majority, or > > > > > > > (ii) in any other case—the question shall be decided according to the opinion of the Commissioner presiding. > > > (5) Proceedings that are before a Commissioner under section 34, or under this section, may be referred or removed for hearing and determination by a Judge in the same way as proceedings before an associate Judge may be referred or removed for hearing and determination by a Judge in the Supreme Court. > > > (6) The power of a Commissioner to refer proceedings pursuant to subsection (5) is subject to any contrary order of the Chief Judge. > > > (7) (Repealed) > > **s 36:** Am 1983 No 42, Sch 3; 1994 No 32, Sch 3; 1998 No 172, Sch 6 \[6\] \[7\] \[12\]; 1999 No 31, Sch 2.20 \[4\]; 2000 No 2, Sch 1 \[2\] \[3\]; 2002 No 76, Sch 1 \[9\]; 2006 No 107, Sch 1.19 \[10\]; 2007 No 56, Sch 6 \[22\]; 2008 No 53, Sch 13 \[8\].