sec.12Functions of Chief Magistrate

### sec.12 Functions of Chief Magistrate The Chief Magistrate is responsible for ensuring the orderly and expeditious exercise of the jurisdiction and powers of Magistrates Courts. See also the Childrens Court Act 1992 , section 8A (2) . Subject to this Act and the Childrens Court Act 1992 and to such consultation with magistrates as the Chief Magistrate considers appropriate and practicable, the Chief Magistrate has power to do all things necessary or convenient to be done for ensuring the orderly and expeditious exercise of the jurisdiction and powers of Magistrates Courts, and of the Childrens Court when constituted by a Childrens Court magistrate, magistrate or justices, including, for example— deciding the magistrates who are to constitute the Magistrates Courts at particular places appointed under the Justices Act 1886 , section 22B (1) (c) or who are to perform particular functions; and deciding, for the Childrens Court Act 1992 , section 5 (3) (b) or (c) , the magistrates or justices who are to constitute the Childrens Court at particular places and times under that Act; and giving directions about the practices and procedures of Magistrates Courts; and under the Childrens Court Act 1992 , section 8 (4) , issuing directions about the procedure of the Childrens Court when constituted by a Childrens Court magistrate, magistrate or justices; and deciding the magistrates who are to exercise the jurisdiction and powers of Magistrates Courts in particular matters or particular classes of matters; and allocating the functions to be exercised by particular magistrates and deciding when and where the functions are to be exercised; and deciding the days, places and times for constituting Magistrates Courts; and nominating a magistrate to be a regional coordinating magistrate or a coordinating magistrate for the purpose of allocating the work of Magistrates Courts; and nominating a Deputy Chief Magistrate to act as the Chief Magistrate under section 14 (b) ; and giving directions to an acting magistrate or acting judicial registrar about when the person is to carry out the duties of office of a magistrate or judicial registrar during the person’s period of appointment. Also, the Chief Magistrate is responsible for directing magistrates to undertake professional development and continuing education and training. The Chief Magistrate may delegate the Chief Magistrate’s powers under subsection (2) (c) , (d) , (e) or (h) to— a Deputy Chief Magistrate; or another magistrate appointed on a full-time basis. In subsections (2) (a) , (c) and (d) and (4) , a reference to magistrates includes a reference to judicial registrars. In subsection (2) (a) , (c) and (d) , a reference to magistrates includes a reference to justices of the peace constituting a Magistrates Court. s 12 amd 1992 No. 36 s 2 sch 2 ; 1993 No. 32 s 3 sch 1 ; 1999 No. 68 s 5 ; 2000 No. 58 s 2 sch ; 2003 No. 86 s 6 ; 2007 No. 37 s 115 ; 2008 No. 59 s 86 ; 2010 No. 42 s 147 ; 2013 No. 35 s 132 ; 2014 No. 28 s 94 ; 2023 No. 23 s 125 (sec.12-ssec.1) The Chief Magistrate is responsible for ensuring the orderly and expeditious exercise of the jurisdiction and powers of Magistrates Courts. See also the Childrens Court Act 1992 , section 8A (2) . (sec.12-ssec.2) Subject to this Act and the Childrens Court Act 1992 and to such consultation with magistrates as the Chief Magistrate considers appropriate and practicable, the Chief Magistrate has power to do all things necessary or convenient to be done for ensuring the orderly and expeditious exercise of the jurisdiction and powers of Magistrates Courts, and of the Childrens Court when constituted by a Childrens Court magistrate, magistrate or justices, including, for example— deciding the magistrates who are to constitute the Magistrates Courts at particular places appointed under the Justices Act 1886 , section 22B (1) (c) or who are to perform particular functions; and deciding, for the Childrens Court Act 1992 , section 5 (3) (b) or (c) , the magistrates or justices who are to constitute the Childrens Court at particular places and times under that Act; and giving directions about the practices and procedures of Magistrates Courts; and under the Childrens Court Act 1992 , section 8 (4) , issuing directions about the procedure of the Childrens Court when constituted by a Childrens Court magistrate, magistrate or justices; and deciding the magistrates who are to exercise the jurisdiction and powers of Magistrates Courts in particular matters or particular classes of matters; and allocating the functions to be exercised by particular magistrates and deciding when and where the functions are to be exercised; and deciding the days, places and times for constituting Magistrates Courts; and nominating a magistrate to be a regional coordinating magistrate or a coordinating magistrate for the purpose of allocating the work of Magistrates Courts; and nominating a Deputy Chief Magistrate to act as the Chief Magistrate under section 14 (b) ; and giving directions to an acting magistrate or acting judicial registrar about when the person is to carry out the duties of office of a magistrate or judicial registrar during the person’s period of appointment. (sec.12-ssec.4) Also, the Chief Magistrate is responsible for directing magistrates to undertake professional development and continuing education and training. (sec.12-ssec.5) The Chief Magistrate may delegate the Chief Magistrate’s powers under subsection (2) (c) , (d) , (e) or (h) to— a Deputy Chief Magistrate; or another magistrate appointed on a full-time basis. (sec.12-ssec.6) In subsections (2) (a) , (c) and (d) and (4) , a reference to magistrates includes a reference to judicial registrars. (sec.12-ssec.7) In subsection (2) (a) , (c) and (d) , a reference to magistrates includes a reference to justices of the peace constituting a Magistrates Court. - (a) deciding the magistrates who are to constitute the Magistrates Courts at particular places appointed under the Justices Act 1886 , section 22B (1) (c) or who are to perform particular functions; and - (aa) deciding, for the Childrens Court Act 1992 , section 5 (3) (b) or (c) , the magistrates or justices who are to constitute the Childrens Court at particular places and times under that Act; and - (b) giving directions about the practices and procedures of Magistrates Courts; and - (ba) under the Childrens Court Act 1992 , section 8 (4) , issuing directions about the procedure of the Childrens Court when constituted by a Childrens Court magistrate, magistrate or justices; and - (c) deciding the magistrates who are to exercise the jurisdiction and powers of Magistrates Courts in particular matters or particular classes of matters; and - (d) allocating the functions to be exercised by particular magistrates and deciding when and where the functions are to be exercised; and - (e) deciding the days, places and times for constituting Magistrates Courts; and - (f) nominating a magistrate to be a regional coordinating magistrate or a coordinating magistrate for the purpose of allocating the work of Magistrates Courts; and - (g) nominating a Deputy Chief Magistrate to act as the Chief Magistrate under section 14 (b) ; and - (h) giving directions to an acting magistrate or acting judicial registrar about when the person is to carry out the duties of office of a magistrate or judicial registrar during the person’s period of appointment. - (a) a Deputy Chief Magistrate; or - (b) another magistrate appointed on a full-time basis.