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Tuesday, 26 November 1974
Page: 2756

Senator MURPHY (New South WalesAttorneyGeneral) - I move:

Insert the following new clause: 17C.(l)AJudge-

(a)   shall be appointed by the Governor-General; and

(b)   shall not be removed except by the GovernorGeneral, on an address from both Houses of the Parliament in the same session praying for his removal on the grounds of proved misbehaviour or incapacity.

(2)   A person shall not be appointed as a Judge unless-

(a)   he is or has been a Judge of another court created by the Parliament or of a court of a State or has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years; and

(b)   by reason of training, experience and personality, he is a suitable person to deal with the matters of family law.

(3)   A Judge may resign his office by writing under his hand addressed to the Governor-General, and the resignation takes effect on the day on which it is received by the Governor-General or on such later day as is specified in the writing.

(4)   A person may hold office at the one time as a Judge of the Family Court and as a judge of another court, or of two or more other courts, created by the Parliament but, if a judge of another court or courts created by the Parliament is appointed as a Judge of the Family Court, he is not, while he receives salary or annual allowance as a judge of that other court or courts, entitled to salary or annual allowance, as the case may be, under this Act except to the extent that the salary or annual allowance that would be payable to him under this Act apart from this sub-section exceeds the salary or annual allowance payable to him as a judge of that other court or courts, but his salary and annual allowance under this Act shall not be diminished during his continuance in office under this Act.

(5)   A Judge or former Judge is entitled to be styled "The Honourable".

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