37Commissioners sitting with a Judge

#### 37 Commissioners sitting with a Judge 37 Commissioners sitting with a Judge > > (1) Where proceedings are pending in Class 1, 2, 3 or 4 of the Court’s jurisdiction before a Judge (other than proceedings that are being dealt with under section 34A), the Court may, in hearing the proceedings, or any part of the proceedings, be assisted by one or more Commissioners. > > > (2) Notwithstanding subsection (1), where proceedings are pending in Class 3 of the Court’s jurisdiction, being proceedings— > > > > > (a) arising under the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042), and > > > > > (b) other than of a kind specified in Schedule 2, > > > > the Court shall, in hearing the proceedings or any part of the proceedings, be assisted by 2 Commissioners or, if the Chief Judge so directs, by one Commissioner. > > > (3) A Commissioner assisting the Court as referred to in subsection (1) or (2) may assist and advise the Court, but shall not adjudicate on any matter before the Court. > > > (4) A Judge before whom proceedings referred to in subsection (1) or (2) are pending may commence or continue the hearing of the proceedings, or any part of the proceedings— > > > > > (a) without the assistance of a Commissioner who is not available or has ceased to be available to assist in the hearing of the proceedings or part of the proceedings, and > > > > > (b) without the assistance of Commissioners generally if, in the opinion of the Judge, the proceedings or part of the proceedings concern or concerns a question of law only. > > **s 37:** Am 1983 No 42, Sch 3; 1987 No 162, Sch 1 (1); 1998 No 172, Sch 6 \[7\] \[10\]; 2002 No 76, Sch 1 \[10\]; 2006 No 107, Sch 1.19 \[11\]; 2015 No 2, Sch 4.3 \[4\].