Magistrates Act 1983

The Act uses a set of core legal and administrative concepts that determine how the magistracy is constituted and runs in practice.

Appointment and instrument of appointment

• Governor acts on the Attorney‑General’s recommendation to appoint magistrates (s 5(1)). The Attorney‑General must consult the Chief Justice and the Chief Magistrate before making a recommendation (s 5(4)).
• Appointments are full‑time by default unless the instrument states otherwise (s 5(2a)). Alternatively a full‑time appointee may enter a written agreement, with Attorney‑General approval, to work part‑time for a specified period (s 5(2b)).
• Instruments or part‑time agreements must set hours expressed as a proportion of full‑time hours (s 5(2c)), and these hours may be varied by written agreement approved by the Attorney‑General (s 5(2d)).
• Instruments can include place‑of‑duty conditions for performance of duties at specified places (s 5(7)). The Governor may vary such a condition on the Attorney‑General’s recommendation made with the concurrence of the Chief Magistrate (s 5(8)).

Tenure, acting appointments and retirement

• Ordinary tenure ends by resignation, retirement after age 55 where elected, compulsory retirement at age 70, expiry of acting terms, or removal pursuant to the Judicial Conduct Commissioner Act 2015 (s 9(1)(a)-(e)).
• Acting magistrates may be appointed for terms not exceeding 12 months (s 5(3)). Former magistrates who have retired are eligible for acting appointment (s 5(3a)).
• Notice periods for resignation are specified for offices such as Chief Magistrate (s 6(5)) and magistrates generally (s 9(2)).

Powers of suspension and protections

• Suspension from office is by Governor on advice of the Chief Justice, limited to situations with reasonable grounds to suspect an indictable offence or where action under the Judicial Conduct Commissioner Act is in process (s 10(1), (3)). Remuneration during suspension is provided except as otherwise determined by the Chief Justice (s 10(4)).
• The Act identifies that removal from office is governed by the Judicial Conduct Commissioner Act 2015 and notes this is the only statutory removal power (s 9 note; s 9(1)(e)).

Administrative leadership and delegation

• The Chief Magistrate is charged with administration of the magistracy (s 7(1)). The Chief Magistrate may delegate powers to other magistrates; delegations are revocable and may be absolute or conditional (s 7(3)-(4)).
• The Chief Magistrate may appoint an Acting Chief Magistrate under specified processes and conditions, and powers of the office devolve during acting appointment (s 6B(1), (4)).

Remuneration and employment conditions

• The Remuneration Tribunal sets rates of remuneration for magistrates and the Chief Magistrate (s 13(1)). Determined rates may not be reduced by subsequent determinations (s 13(3)). Remuneration is charged to the Consolidated Account (s 13(4)).
• The Act treats magistrates as employees for the purposes of the Superannuation Act 1974 (s 14).
• Detailed leave regimes are set out for recreation leave (20 working days per completed year, s 15), sick leave (12 working days per year, s 16), long service leave with formulas (s 17), special leave (s 18) and the monetary mechanics for payment on cessation or death (s 20).

Restrictions on outside employment and concurrent appointments

• The Governor may suspend remuneration and duties during concurrent fixed term appointments, with associated effects on direction by the Chief Magistrate and on whether the period counts as service (s 18A(1)-(3)).
• Part‑time magistrates face specific limits: they must not practise law for fee or reward and require written approvals for most paid outside work from the Chief Justice with concurrence of the Chief Magistrate (s 18A(4)-(6)).

Interjurisdictional functions

• The Act expressly permits arrangements with the Governor‑General for magistrates to exercise powers under Commonwealth Acts (s 23). A magistrate may perform State and Commonwealth functions concurrently if such an arrangement exists (s 23(3)).
• Separate State judges may assume magisterial powers: Supreme Court Judges, Associate Justices and District Court Judges may exercise a magistrate’s jurisdiction (s 22).

Statutory non‑application of industrial awards

• The Act provides that no award or industrial agreement under the Fair Work Act 1994 may affect magistrates’ remuneration or conditions of service (s 21).

Definitions

• Key definitions include Chief Justice, Chief Magistrate, magistrate (defined as a magistrate remunerated by salary in respect of the office), part‑time magistrate, and working day for a magistrate (s 3).

These concepts are the building blocks for the Act’s governance model: centralized appointment with required consultations; structured employment conditions and leave; administrative centralisation under the Chief Magistrate; constraints on outside activities; and mechanisms for cross‑jurisdictional activity and substitution by other judges.

Primary persons and offices

• Magistrates: both full‑time and part‑time magistrates are the primary subjects. The Act defines a magistrate as a magistrate remunerated by salary (s 3) and sets appointment, tenure, leave, remuneration and restrictions relevant to them (ss 5, 9, 13, 15-20, 18A).
• Chief Magistrate: the office is central to administration, delegation and leave directions (s 7(1), s 7(3), s 15(3)). The Chief Magistrate has specific statutory powers to approve part‑time work agreements for full‑time appointees (s 5(2b) requires Chief Magistrate involvement via approval of Attorney‑General) and to direct leave timing (s 15(3)).
• Attorney‑General: the Attorney‑General recommends appointments to the Governor and must consult both the Chief Justice and Chief Magistrate before recommending an appointment (s 5(1), (4)). The Attorney‑General is also involved in approval of part‑time agreements (s 5(2b)), in variation of duties (s 5(2d) with approval), and has discretion over payments of monetary equivalents to dependants on death (s 20(3)-(6)).
• Governor: appoints magistrates and the Chief Magistrate on the Attorney‑General’s recommendation (s 5(1), s 6(1)); may vary conditions of appointment in prescribed ways (s 5(8)); may suspend remuneration and duties where concurrent appointments exist (s 18A(1)); and may, on advice of the Chief Justice, suspend magistrates (s 10(1)). The Governor also makes arrangements with the Governor‑General for Commonwealth functions (s 23(1)).
• Chief Justice: is a consultation and advisory participant for appointments (s 5(4)) and is empowered to advise the Governor on suspension (s 10(1)). The Chief Justice may give written approvals for a part‑time magistrate’s outside employment only with concurrence of the Chief Magistrate (s 18A(4)(b)). The Chief Justice also receives notifications of approvals and variations (s 18A(6)).
• Remuneration Tribunal: determines magistrates’ remuneration and special additional remuneration where a magistrate performs special duties authorised by the Chief Magistrate with the Attorney‑General’s concurrence (s 13(1), (1a)).

Secondary persons and institutions

• District Court Judges, Supreme Court Judges and Associate Justices: may exercise magisterial jurisdiction and functions (s 22). The Chief Magistrate is also taken to be a District Court Judge for certain administrative provisions (s 6A(1)-(2)).
• Governor‑General of the Commonwealth: involved when the Governor makes arrangements for magistrates to exercise powers under Commonwealth Acts (s 23(1)).
• Dependants and personal representatives of deceased magistrates: entitled to monetary equivalents of leave where a magistrate dies (s 20(1)-(2)), with the Attorney‑General exercising discretion over distribution (s 20(3)-(6)).
• The Remuneration Tribunal and the Consolidated Account: the Tribunal determines pay and salaries are paid from the Consolidated Account (s 13(1), (4)).
• The Crown in various representations: the Act immunises the Crown and its representatives from actions relating to payments made under s 20(3) (s 20(5)).

Operational effects on other stakeholders

• Court users and litigants: subject to administrative and operational arrangements the Chief Magistrate may direct, including where magistrates perform duties and who may sit, with other judges authorized to assume magistral powers (ss 5(7), 7(3), 22).
• Employers and business counterparties of part‑time magistrates: part‑time magistrates face express constraints on outside remuneration work and hold to written approvals (s 18A(4)-(6)).
• Industrial parties: the Act removes magistrates’ remuneration and conditions from the operation of industrial awards or agreements under the Fair Work Act 1994 (s 21).

Who pays and who decides

• Salary and related payments are charged to the Consolidated Account (s 13(4)). The Remuneration Tribunal determines rates (s 13(1)). The Governor and Attorney‑General exercise appointment powers and approvals (s 5, s 6), while the Chief Magistrate exercises administrative direction and leave approvals (s 7, s 15). The Chief Justice advises on suspension and approves certain outside employment for part‑time magistrates (s 10, s 18A(4)-(6)).

The Act therefore prescribes specific decision makers and the persons subject to those decisions, concentrating appointment and disciplinary mechanics within executive and judicial officers while providing regulated employment conditions for magistrates.

Duties and administrative responsibilities

• Chief Magistrate’s administrative duty: the Chief Magistrate is explicitly responsible for the administration of the magistracy (s 7(1)). That role includes directing magistrates where instruments of appointment specify places of duty (s 5(7)) and delegating functions to other magistrates (s 7(3)-(4)).
• Direction and delegation: the Chief Magistrate may delegate any of the Chief Magistrate’s powers or functions under this or any other Act to a magistrate. A delegation may be absolute or conditional and is revocable at will (s 7(3)-(4)). When an Acting Chief Magistrate is appointed, powers devolve on the acting appointee (s 6B(4)).

Appointment and tenure rights

• Right to appointment subject to eligibility: legal practitioners must have at least 5 years standing to be eligible for appointment as a magistrate (s 5(5)). For Chief Magistrate the minimum is 7 years standing (s 6(2)). Periods of practice or judicial service inside and outside the State count for the requisite standing (s 5(6), s 6(4)).
• Acting magistrates and former magistrates: acting magistrates may be appointed for terms up to 12 months (s 5(3)). Former magistrates who have retired are explicitly eligible to be appointed as acting magistrates (s 5(3a)).
• Rights on cessation: a magistrate who ceases office other than by removal may, with Chief Magistrate approval, sit to complete proceedings previously part heard and in relation to those proceedings be taken to continue as a magistrate (s 9(3)).

Employment conditions, remuneration and protections

• Remuneration fixed by Remuneration Tribunal: rates of remuneration for magistrates, including the Chief Magistrate, are to be determined by the Remuneration Tribunal (s 13(1)). Additional remuneration for special duties directed by the Chief Magistrate with the Attorney‑General’s concurrence may be awarded by the Tribunal (s 13(1a)). Remuneration may not be reduced by later determinations (s 13(3)). Salaries are paid from the Consolidated Account (s 13(4)).
• Superannuation status: a magistrate is an employee for the purposes of the Superannuation Act 1974 (s 14).
• Remuneration during suspension: except as otherwise determined by the Chief Justice, a magistrate suspended under s 10 is entitled to remuneration in respect of the period of suspension (s 10(4)).

Leave entitlements

• Recreation leave: 20 working days per completed year, proportional accrual per month, part‑time pro rata, Chief Magistrate approval required for timing, deferral limited to one year except for special reasons, mandatory leave between Christmas and New Year unless otherwise directed, forfeiture where leave is not taken within time (s 15(1)-(8)).
• Sick leave: 12 working days per completed year, accrual monthly, part‑time pro rata, Chief Magistrate may approve use beyond current credit in pressing cases reducing credited period (s 16(1)-(3)).
• Long service leave: formulas for accrual and payment, options to take leave at half pay for double the leave, timing subject to Chief Magistrate’s approval, monetary equivalents payable on cessation with detailed calculations (s 17(1)-(6)).
• Special leave: Chief Magistrate may grant any special leave with or without remuneration but remunerated special leave capped at 3 working days per financial year without Governor consent (s 18(1)-(3)).

Restrictions and permissions on outside employment

• Concurrent appointments: Governor may, with consent, suspend remuneration, duties and conditions for a fixed term concurrent appointment; during such suspension the magistrate is not subject to the Chief Magistrate’s direction and the period may count as service only as the Governor determines (s 18A(1)-(3)).
• Part‑time magistrates: must not practise law for fee or reward and require written approval from the Chief Justice with concurrence of the Chief Magistrate to engage in other remunerated professions, trade, business or paid offices; approvals may be varied or revoked after consultation and must be notified to the Attorney‑General (s 18A(4)-(6)). The subsection does not apply to acting magistrates to the extent the instrument permits (s 18A(7)).

Disciplinary mechanics and rights

• Suspension and grounds: suspension is by Governor on advice of the Chief Justice where reasonable grounds exist to suspect an indictable offence or action under the Judicial Conduct Commissioner Act 2015 is underway (s 10(1), (3)). Notice of suspension must be served (s 10(2)). Suspension may be revoked on the Chief Justice’s recommendation (s 10(5)). Magistrates are protected from suspension except as provided in the section (s 10(6)).
• Removal: removal is effected by the Governor only in accordance with the Judicial Conduct Commissioner Act 2015 (s 9(1)(e); note).

Entitlements on death or cessation

• Monetary equivalents of untaken leave: on a magistrate’s death the monetary equivalent of untaken recreation and long service leave is payable as if it were a debt due immediately before death (s 20(1)). Where a magistrate dies after 7 or more years service but before entitlement to long service leave, a pro rata monetary sum is payable (s 20(2)). The Attorney‑General has discretion to direct payments to dependants and may require indemnities or undertakings; the Crown is indemnified against action relating to such payments (s 20(3)-(6)).

Decision controls and rights

• Consultation requirements: before recommending appointment the Attorney‑General must consult the Chief Justice and the Chief Magistrate (s 5(4)). The Governor may vary duties under appointment conditions on recommendation of the Attorney‑General with concurrence of the Chief Magistrate (s 5(8)).
• Notice obligations: notice periods for resignation are required (s 6(5), s 9(2)) and notification is required when certain approvals are given or varied (s 18A(6)).

Overall, the Act balances statutory entitlements to remuneration and leave with administrative controls over duties, delegations and outside activities, and creates discrete protections and procedural conditions around suspension and removal.

The Act does not create criminal penalties or fines within its text; enforcement is primarily administrative and procedural. The key enforcement mechanisms and sanctions provided by the Act are administrative removal, suspension, and restrictions enforced through approval pathways and employment conditions.

Suspension

• Suspension power: the Governor may suspend a magistrate from office on the advice of the Chief Justice (s 10(1)). Suspension requires service of notice to the magistrate (s 10(2)).
• Limited grounds: suspension is only lawful if, in the Chief Justice’s opinion, there are reasonable grounds to suspect the magistrate is guilty of an indictable offence, or action under the Judicial Conduct Commissioner Act 2015 is being taken to determine whether proper cause exists for removal (s 10(3)). The section restricts suspension to those grounds, subject to the Chief Justice’s discretion (s 10(6)).
• Remuneration during suspension: unless otherwise determined by the Chief Justice, a suspended magistrate is entitled to remuneration during the suspension period (s 10(4)). The Chief Justice may recommend revocation of suspension (s 10(5)).

Removal from office

• Removal is effected by the Governor in accordance with the Judicial Conduct Commissioner Act 2015 (s 9(1)(e)). The Act notes that the removal power under that Act is the only statutory power to remove a magistrate (note to s 9). Consequently, removal follows the processes and standards set in that separate Statute rather than by the Magistrates Act itself.

Regulatory compliance and approvals

• Approvals as enforcement levers: the Chief Justice and Chief Magistrate share approval roles for part‑time and outside employment (s 18A(4)-(6)). Where part‑time magistrates undertake prohibited conduct (for example practising law for fee), the Act provides the statutory prohibition but enforcement consequences are procedural rather than specifying penalties: approvals may be varied or revoked (s 18A(5)).
• For concurrent appointments the Governor may suspend remuneration and duties (s 18A(1)), and can determine whether service counts for statutory entitlements (s 18A(3)). Those powers shape compliance by altering employment terms rather than imposing fines.

Remuneration and award exclusions

• Remuneration determinations: the Remuneration Tribunal determines rates (s 13(1)) and the Act prohibits reductions by later determinations (s 13(3)). Payment is effected via the Consolidated Account (s 13(4)), which creates budgetary enforcement rather than penal mechanisms.
• Industrial awards: the Act removes magistrates from the operation of awards under the Fair Work Act 1994 (s 21). This exclusion is a statutory restriction on external enforcement mechanisms that would otherwise alter remuneration or conditions.

Administrative immunities

• Payments to dependants: the Attorney‑General’s direction regarding distribution of monetary equivalents on death is protected from legal challenge by an express bar on actions against the Crown and its representatives in respect of such payments (s 20(5)). This clause limits judicial enforcement avenues concerning the Attorney‑General’s exercise of discretion in that context.

Delegation and revocation as control tools

• Delegations by the Chief Magistrate may be revoked at will (s 7(4)). That revocability provides a remedial control mechanism over delegated functions, so compliance or non‑performance can be addressed administratively.

No express criminal sanctions

• The Act contains no express criminal offences or specified pecuniary penalties for breaches of conditions such as unlawful outside employment; instead the statutory architecture relies on approvals, delegations, suspension, removal under the Judicial Conduct Commissioner Act, and administrative controls to enforce compliance.

Practical enforcement implications

• Enforcement therefore depends on institutional actors exercising their statutory powers: the Chief Justice’s advice to the Governor for suspension (s 10); the Attorney‑General’s recommendation to the Governor for appointment and role in approval of part‑time arrangements (s 5(1), (2b)); the Chief Magistrate’s exercise of administrative powers and revocation of delegations (s 7); the Governor’s exercise of powers in relation to concurrent appointments (s 18A(1)); and removal processes under the Judicial Conduct Commissioner Act 2015 (s 9(1)(e)). The Act frames enforcement as executive and judicial administrative action rather than criminal law.

The Act links to multiple other statutory instruments and frameworks, either by importing their definitions and regimes or by excluding applicability. The principal interactions are with statutes governing judicial administration, superannuation, remuneration, industrial relations and judicial conduct.

Judicial Administration (Auxiliary Appointments and Powers) Act 1988

• Section 6A(2) of the Magistrates Act imports the operation of s 6 of the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 to the Chief Magistrate by taking the Chief Magistrate to be a Judge of the District Court and treating that office as the primary judicial office of the Chief Magistrate for the purposes of that Act (s 6A(1)-(2)). The Act then limits substantive exercise of District Court duties while holding the Chief Magistrate office (s 6A(3)(a)). The 1988 Act therefore governs certain auxiliary appointment rules and powers insofar as they are applied by the Magistrates Act.

Judicial Conduct Commissioner Act 2015

• Removal of a magistrate is governed by the Judicial Conduct Commissioner Act 2015, with the Magistrates Act providing that removal by the Governor must be in accordance with that Act (s 9(1)(e)). Section 10(3) also refers to action being taken under the Judicial Conduct Commissioner Act 2015 as a ground for suspension. The Magistrates Act thus delegates the substantive procedure and standards for removal and associated investigatory processes to the separate 2015 Act.

Superannuation Act 1974

• The Act expressly makes magistrates employees for the purposes of the Superannuation Act 1974 (s 14). Superannuation entitlements, contribution obligations and related definitions therefore apply to magistrates through that statutory relationship.

Remuneration Tribunal processes

• The Remuneration Tribunal sets magistrates’ pay (s 13(1)). That role places magistrates within the Tribunal’s remuneration framework and its rules, subject to the protection that determined rates may not be reduced subsequently (s 13(3)).

Fair Work Act 1994

• The Act excludes magistrates from awards or industrial agreements under the Fair Work Act 1994. Section 21 prevents any such award or industrial agreement affecting magistrates’ remuneration or conditions of service. That exclusion limits interaction with general industrial relations processes and collective bargaining under the Fair Work Act.

Public Holidays Act 2023

• The legislative history notes an amendment to s 15(6) by the Public Holidays Act 2023 with effect 1 January 2024 (Legislative history; Provisions amended). That indicates interplay where public holiday rules could affect how the mandatory leave period between Christmas Day and New Year is counted and administered.

Concurrent appointment and other appointments law

• Section 18A allows the Governor to suspend remuneration, duties and conditions where a magistrate holds another fixed term appointment concurrently. It also states that during suspension the magistrate will not be subject to the Chief Magistrate’s direction (s 18A(1)-(2)). This creates an interface between the Magistrates Act employment regime and the other statutory or contractual arrangements attached to concurrent appointments.

Commonwealth law and Governor‑General arrangements

• Section 23 authorises arrangements with the Governor‑General for magistrates to perform functions or exercise powers under a Commonwealth Act. Those arrangements can be varied or revoked and allow concurrent exercise of State and Commonwealth powers (s 23(1)-(3)). The Act therefore contemplates cross‑jurisdictional operational delegation and requires an instrument of intergovernmental agreement.

Other statutes mentioned for transitional or entitlement effects

• The Governor may by regulation make provisions relating to existing entitlements, recognition of prior service and modifications to the application of Acts that deal with superannuation or pensions for the Chief Magistrate (s 6A(4)). Section 19 permits the Governor to treat prior employment entitlements as if accrued under the Magistrates Act for leave and superannuation purposes, signaling interaction with prior employers’ rules and other statutory leave or superannuation schemes.

Administrative law and Crown immunities

• The Act contains specific immunities, notably s 20(5) precluding actions against the Crown or its representatives in respect of payments made under s 20(3). This interacts with general administrative law remedies because it narrows litigation grounds in that specific context.

In summary, the Magistrates Act integrates magistral employment and governance into a network of judicial administration and public sector frameworks, while exempting magistrates from certain industrial relations processes. It delegates disciplinary and removal functions to the Judicial Conduct Commissioner Act 2015 and contemplates intergovernmental arrangements for Commonwealth powers.

The Act’s legislative history lists numerous amendments and substitutions since enactment in 1983. The summary below follows the Act’s own chronological entries and highlights amendments with their mechanical effects as recorded in the Act’s revision notes.

Principal enactment

• Magistrates Act 1983 (No 107) received assent 22 December 1983 and commenced 2 April 1984.

Notable amendments and their recorded effects

• 1984 (No 85): Magistrates Act Amendment Act 1984, amending s 6(2) eligibility for Chief Magistrate (assent 29 November 1984).
• 1985 (No 59): Statutes Amendment (Remuneration) Act 1985, amended remuneration provisions (s 13) effective 13 June 1985.
• 1988 (No 95): Judicial Administration (Auxiliary Appointments and Powers) Act 1988, amendments effective 15 December 1988; s 6A of the Magistrates Act was later inserted by a 2012 Act referencing s 6 of that 1988 Act.
• 1990 (No 2): Magistrates Act Amendment Act 1990, amending s 6 and related provisions (assent and commencement 22 March 1990).
• 1995 (No 27 and No 84): Statutes Amendment (Attorney‑General’s Portfolio) Act 1995 and Statutes Amendment (Courts) Act 1995 introduced various changes including s 17 amendments and other court‑related reforms.
• 1997 (No 59): Additional amendments to Attorney‑General’s portfolio matters affecting the Act.
• 2006 (No 26): Magistrates (Part‑time Magistrates) Amendment Act 2006 introduced part‑time magistrate provisions, insertion of s 5(2a)-(2d) and s 18A(4)-(7), and transitional provision to apply amendments to existing magistrates (assent 23 November 2006; commencement 10 December 2006).
• 2012 (No 17 & No 43): Statutes Amendment (Attorney‑General’s Portfolio) Act 2012 inserted Part 7 (s 23) enabling Commonwealth arrangements and other efficiency reforms via the Statutes Amendment (Courts Efficiency Reforms) Act 2012 (No 43). Some of the parts commenced on 5 August 2012 and other parts on 4 July 2013.
• 2013 (No 26): Magistrates (Miscellaneous) Amendment Act 2013 effected substantial substitutions and modernisation of definitions, tenure and administrative provisions, with many provisions commencing 4 July 2013. This included updated definitions (magistrate, part‑time magistrate), modifications to s 5, s 6 replacement, and changes across Part 5 leave provisions.
• 2015 (No 34): Judicial Conduct Commissioner Act 2015 introduced a separate disciplinary regime; Schedule 1 provisions commenced 5 December 2016, and the Magistrates Act was amended to provide that removal from office is in accordance with that Act (s 9(1)(e) reference).
• 2017 (No 70): Statutes Amendment (Attorney‑General’s Portfolio No 3) Act 2017 inserted s 6B (Acting Chief Magistrate) and other changes, with parts commencing 8 July 2018.
• 2023 (No 39): Public Holidays Act 2023 amended s 15(6) of the Magistrates Act (entry in Provisions amended clarifies effect from 1 January 2024), affecting the leave rule for the period between Christmas Day and New Year.
• 2024 (No 23): Statutes Amendment (Attorney‑General's Portfolio) Act 2024 amended Pt 6 s 22, with effect 26 August 2024 (Gazette 22.8.2024 p2871). The Act’s revision notes record the amendment of s 22 by 23/2024 s 34.

Revision and reprints

• The Act has been reprinted at several dates capturing consolidated text: 1 October 1991; 4 May 1995; 21 December 1995; 14 September 1997; 10 December 2006; 5 August 2012; 4 July 2013; 5 December 2016; 8 July 2018; and 1 January 2024.

Provision‑level editorial history

• The legislative history includes itemised annotations showing which subsections were inserted, substituted or deleted at particular dates and by which amending Acts. Examples recorded include insertion of part‑time magistrate provisions in 2006 (26/2006), substitution of s 6 by 26/2013 s 7 (4 July 2013), insertion of s 6A by 43/2012 s 21, and insertion of s 6B by 70/2017 s 14 (8 July 2018). The legislative history table in the Act provides a granular map from the original texts to the current consolidated sections.

Transitional provisions

• The 2006 Part‑time Magistrates Amendment Act provided a transitional provision that amendments to s 18A apply to magistrates appointed before or after commencement (Magistrates (Part‑time Magistrates) Amendment Act 2006, Sch 1).

Practical effect of amendments

• The cumulative effect of these amendments is to modernise appointment mechanics, incorporate part‑time working arrangements, create a distinct and separate misconduct and removal regime via the Judicial Conduct Commissioner Act 2015, integrate cross‑jurisdictional mechanisms for Commonwealth functions, and update leave and superannuation mechanics. The 2013 consolidation replaced multiple earlier subsections with cleaner drafting and added explicit delegation and administrative provisions.

Users needing historical versions should consult the reprint history and the Act’s revision notes for clause‑by‑clause provenance, as the legislative history included in the Act lists enactment numbers, dates and commencement notes for each amendment.

The Act’s text and legislative history do not record any cases or litigation decided under the Magistrates Act 1983. The statutory notes include references to other statutes that govern removal and discipline (notably the Judicial Conduct Commissioner Act 2015) but the Act itself does not list judicial decisions or reported litigation.

Material points that would be relevant in any litigation

• Removal and disciplinary process: the Act expressly links removal to the Judicial Conduct Commissioner Act 2015 (s 9(1)(e)). Any litigation concerning removal would therefore engage the procedures, standards and possible judicial review applicable under that separate Act.
• Suspension grounds and procedural fairness: s 10 prescribes the grounds and process for suspension by the Governor on advice of the Chief Justice, and requires notice to be served (s 10(2)). Litigation or judicial review concerning suspension would therefore focus on whether the statutory conditions were satisfied, whether the Chief Justice’s opinion was formed on reasonable grounds and whether procedural requirements were met.
• Delegation and administrative decisions: the Chief Magistrate’s broad delegation power (s 7(3)-(4)) and the revocability of delegations could attract administrative law challenges where delegation or revocation affects rights, duties or income. Grounds for review could include jurisdictional error or breach of natural justice, though the Act itself does not set out a specific litigation pathway.
• Payments to dependants and Crown immunity: s 20(3)-(6) gives the Attorney‑General discretion about distribution of leave monetary equivalents and contains a bar on actions against the Crown with respect to such payments (s 20(5)). Any litigation seeking to challenge such distributions would need to engage s 20(5) and the extent to which the bar applies.

Absence of recorded cases in the Act file

• The legislative materials provided do not list decisions, rehearings, or appellate determinations clarifying ambiguous provisions. Users must therefore consult reported case law databases or the Judicial Conduct Commissioner Act materials for any adjudications of disciplinary or removal processes.

Where to look for litigation history if required

• For disciplinary and removal matters, check proceedings under the Judicial Conduct Commissioner Act 2015 and any subsequent judicial review or appeals.
• For administrative decisions by the Chief Magistrate, Governor or Attorney‑General concerning appointments, suspensions or approvals, seek reports in administrative law review, tribunal decisions (if any), and Supreme Court judicial review records.

Because the Act’s legislative history records amendments but not case law, legal practitioners should treat the Act as primarily administrative text and research contemporaneous judicial decisions outside the Act to determine how courts have interpreted its discretionary provisions.

This section flags provisions whose operation may be unexpected, administratively significant or operationally sensitive as written in the Act. Each item references the specific section so a practitioner can verify wording.

Default to full‑time appointment

• Appointments are full‑time by default unless the instrument expressly provides part‑time status (s 5(2a)). That means silence in the instrument generally creates a full‑time appointment, even where practice might have assumed part‑time intent.

Part‑time hours must be proportion‑expressed

• Any instrument appointing a part‑time magistrate or agreement under s 5(2b) must specify hours as a proportion of full‑time hours (s 5(2c)). Failing to express hours in that form could create operational ambiguity about entitlements and pro‑rata calculations (s 13(1b), s 15(2a), s 16(2a)).

Limitations on part‑time outside work

• Part‑time magistrates are expressly prohibited from practising law for fee or reward (s 18A(4)(a)). They also require written approval from the Chief Justice and concurrence of the Chief Magistrate to engage other remunerative work or business activities (s 18A(4)(b)). This is a hard statutory bar rather than a guideline and can significantly restrict post‑appointment employment options for part‑time appointees.

Full‑time appointees can be converted temporarily to part‑time only by agreement

• A magistrate not appointed on a part‑time basis may only perform duties on a part‑time basis pursuant to a written agreement with the Chief Magistrate and with Attorney‑General approval (s 5(2b)). This places the Attorney‑General and Chief Magistrate centrally in any temporary workload adjustments and means unilateral changes by the magistrate are not possible.

Leave forfeiture and mandatory leave window

• Recreation leave may not be deferred more than one year unless special reasons are approved by the Chief Magistrate (s 15(4)-(5)). Additionally, magistrates must, unless otherwise directed, take recreation leave on every working day between Christmas Day and New Year’s Day (s 15(6)). If a magistrate fails to take leave as required under these provisions, they cease to be entitled to it (s 15(7)). The combination of a mandatory leave window and forfeiture rule can create forfeited entitlements for magistrates who do not or cannot take leave.

Remuneration non‑reduction protection

• A remuneration rate determined by the Remuneration Tribunal may not be reduced by subsequent determination (s 13(3)). This protects current pay levels but can complicate budgetary or pay‑equity adjustment efforts where overall pay structures change.

Remuneration while suspended subject to Chief Justice

• A suspended magistrate is entitled to remuneration except where the Chief Justice determines otherwise (s 10(4)). That puts substantial discretion in the Chief Justice’s hands in suspension contexts.

Only one statutory removal power

• The Act explicitly notes that removal under the Judicial Conduct Commissioner Act 2015 is the only statutory power to remove a magistrate (s 9 note). Removal cannot otherwise be effected by the Governor except in accordance with that Act (s 9(1)(e)). This centralises removal procedures and may create procedural complexity given the separate statutes and steps involved.

Attorney‑General discretion and Crown immunity on leave payments

• On a magistrate’s death the Attorney‑General has "complete discretion" to direct payment of leave equivalents to dependants and may require indemnities (s 20(3)-(4)). Further, no action lies against the Crown or its representatives regarding such payments (s 20(5)). These clauses place considerable practical and legal control in the Attorney‑General’s office and limit legal remedies for disappointed claimants.

Concurrent appointment suspension removes Chief Magistrate control

• Where the Governor suspends remuneration, duties and conditions for concurrent appointments, the magistrate will not be subject to the Chief Magistrate’s direction during that term (s 18A(2)). Employers or agencies that expect continuity of direction under the Chief Magistrate should note this potential interruption.

Delegations revocable at will

• Delegations by the Chief Magistrate to other magistrates may be revoked at will (s 7(4)). Delegated powers are therefore not firewalled by tenure and can be dynamically altered, affecting operational predictability.

Industrial award exclusion

• The Act forbids awards or industrial agreements under the Fair Work Act 1994 from affecting magistrates’ remuneration or conditions (s 21). That removes collective or award‑based adjustment channels and concentrates remuneration adjustment through the Remuneration Tribunal.

Instrument variation powers

• The Governor may vary place‑of‑duty conditions in an appointment on the Attorney‑General’s recommendation with the concurrence of the Chief Magistrate (s 5(8)), and the magistrate must be notified in writing (s 5(9)). While variation is permitted, the requirement for concurrence and written notification structures the change process but also centralises power in executive and judicial offices.

No express criminal penalties in Act

• The Act establishes prohibitions (for example s 18A(4)) but does not specify criminal sanctions for breach. Enforcement is administrative through approvals, revocations, suspension and removal. Practitioners should not assume criminal enforcement routes are available under the Act itself.

These provisions can materially affect an individual’s employment options, leave scheduling, remuneration stability and exposure to administrative action. Users should check instruments of appointment and approvals carefully, given the statutory default rules and the central role of the Chief Magistrate, Chief Justice and Attorney‑General in administering the regime.

For magistrates, applicants, Chief Magistrate, Attorney‑General and other institutional actors, compliance with the Act requires attention to prescribed processes, notice requirements, approvals and specified forms of agreement. The following practical steps are grounded in the Act’s provisions.

Appointment process and eligibility

• Verify eligibility: candidates must be legal practitioners of at least 5 years standing to be eligible for appointment as a magistrate (s 5(5)); 7 years standing is required for the Chief Magistrate (s 6(2)). Record periods of practice and judicial service both within and outside the State because they count towards standing (s 5(6), s 6(4)).
• Consultation: the Attorney‑General must consult with the Chief Justice and the Chief Magistrate before recommending appointment (s 5(4)). Ensure records of consultation are maintained and that any recommendations reflect that consultation.
• Instrument drafting: ensure the instrument of appointment expressly states if the appointment is part‑time; otherwise the appointment will be full‑time by default (s 5(2a)). For part‑time instruments or agreements specify hours of duty as a proportion of full‑time hours (s 5(2c)). If duties are to be performed predominantly at specified places, include such conditions in the instrument and ensure that any Governor variation process is observed (s 5(7)-(9)).

Working part‑time and variations

• For full‑time appointees seeking to perform duties on a part‑time basis, prepare a written agreement between the magistrate and the Chief Magistrate and obtain Attorney‑General approval (s 5(2b)). Any variation to agreed hours must be a written agreement between the magistrate and Chief Magistrate, approved by the Attorney‑General (s 5(2d)).
• For part‑time magistrates, calculate pro‑rata leave and remuneration based on the proportion of full‑time hours as specified in the instrument (s 13(1b), s 15(2a), s 16(2a)).

Leave administration

• Recreation leave: ensure leave accrual and scheduling comply with statutory entitlements (20 working days per completed year, s 15(1)), monthly accruals (s 15(2)), and the mandatory Christmas-New Year period directive (s 15(6)). If seeking deferral beyond one year prepare a written case of "special reasons" and obtain Chief Magistrate approval (s 15(4)-(5)).
• Sick leave: maintain records to show monthly pro‑rata accrual (s 16(2)) and secure Chief Magistrate approval for use beyond credited leave where necessary (s 16(3)).
• Long service leave: apply the statutory formulas for accrual and pay calculations (s 17(1), (5)-(6)). When a magistrate elects to take leave at half pay, document the election to double the leave days (s 17(2)). For cessation payments use the formulas in s 17(5) and (6) to calculate monetary equivalents.

Special leave

• For paid special leave beyond 3 working days in a financial year seek Governor consent (s 18(3)). For unpaid special leave ensure any determinations about whether service counts for statutory purposes are documented and, where relevant, have Governor direction under s 18(3) and (4).

Outside employment and concurrent appointments

• Part‑time magistrates must not practise law for fee or reward (s 18A(4)(a)). Any application for approval to practise another profession, carry on business, hold paid office or engage in remunerated work must be made in writing to the Chief Justice and obtain concurrence from the Chief Magistrate (s 18A(4)(b)). Keep written records of approvals, variations or revocations and ensure the Attorney‑General is notified (s 18A(5)-(6)).
• If taking a fixed term concurrent appointment (for example a statutory role), seek Governor determination to suspend remuneration and duties where desired and document consent to such suspension; confirm whether the concurrent period will count as service for statutory entitlements as the Governor may determine (s 18A(1)-(3)).

Remuneration and special duty pay

• Engage with the Remuneration Tribunal for salary determinations and any additional remuneration for special duties directed by the Chief Magistrate with Attorney‑General concurrence (s 13(1), (1a)). Remember that a rate of salary determined cannot be reduced by a later determination (s 13(3)).

Suspension and disciplinary process

• In suspension scenarios prepare to receive notice as required by s 10(2). For a suspended magistrate coordinate legal and administrative advice because remuneration rights during suspension are subject to the Chief Justice’s determination (s 10(4)). For removal matters engage with procedures under the Judicial Conduct Commissioner Act 2015 since removal is only available under that regime (s 9(1)(e)).

Administrative delegation and exercising powers

• Chief Magistrate must maintain written records for delegations, given that delegations may be absolute or conditional and are revocable at will (s 7(3)-(4)). Where delegations are revoked provide timely notice and document the rationale to avoid procedural challenge.

Death and cessation payments

• Ensure systems are in place to calculate monetary equivalents of untaken recreation and long service leave on death or cessation using the formulas in s 17 and the payment rules in s 20(1)-(2). Note the Attorney‑General has discretion over distribution to dependants and may require indemnities; confirm any required undertakings before actioning payments (s 20(3)-(4)). Be aware of the statutory bar on actions against the Crown in respect of such payments (s 20(5)).

Interjurisdictional and Commonwealth functions

• If magistrates are to exercise powers under Commonwealth Acts, prepare arrangements with the Governor and Governor‑General as authorised by s 23(1). Ensure the arrangements are documented and that magistrates are aware they may perform State and Commonwealth functions concurrently under s 23(3).

Record keeping and notices

• Observe notice periods for resignations and retirements (chiefly one month’s notice for certain offices, s 6(5), s 9(2)). Maintain written records of instruments of appointment, agreements under s 5(2b), approvals under s 18A, delegations under s 7, and any Governor determinations under s 18A and s 5(8).

Industrial relations

• Be mindful that magistrates are excluded from awards under the Fair Work Act 1994 (s 21); negotiations or claims under that framework will not apply to magistrates’ remuneration or conditions.

Practical checklist for new magistrates or administrators

• Confirm instrument of appointment outlines full‑time/part‑time status and hours proportion if part‑time (s 5(2a), (2c)).
• Check eligibility and document previous service for standing calculations (s 5(5)-(6)).
• Register with payroll for superannuation entitlements under the Superannuation Act 1974 (s 14).
• Document leave entitlements, accrual and any required approvals from the Chief Magistrate (ss 15-17).
• If seeking outside work, secure necessary written approvals (s 18A(4)-(6)).
• Retain copies of delegations and approvals and ensure Attorney‑General and Chief Justice are notified where required (s 18A(6), s 5(4)).

Following these steps and the statutory wording will align practice with the Act’s requirements and make administrative decision points and approval routes traceable for audit, review or any required challenge.