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Thursday, 9 December 1971
Page: 4588


Mr Whitlam asked the Minister representing the Attorney-General, upon notice:

(1)   What are the qualifications and positions of the 7 special magistrates and 3 justices of the' peace in South Australia who have been specially authorised by the Governor-General to exercise judicially federal jurisdiction (Hansard. 17th Feb-' mary 1971. page 227).

(2)   What are the qualifications for appointment as a stipendiary magistrate in each State.


Mr N H Bowen (PARRAMATTA, NEW SOUTH WALES) - The AttorneyGeneral has supplied the following answer to the honourable member's question:

(1)   The Special Magistrates in South Australia who have been specially authorised by the GovernorGeneral lo exercise federal jurisdiction are practitioner* of the Supreme Court of South Australia. There are at present only 2 justices of the peace in South Australia authorised to exercise federal jurisdiction, the third having recently died. The justices are. or have been, Clerks of Court of the Local and District Criminal Courts Department and have wide experience in court matters. .

(2)   The qualifications for appointment as a Stipendiary Magistrate in each State are as follows:

(a)   In New South Wales, a person must be at least 35 years of age and must have passed the prescribed examinations, which are the sams as those required for Admission as a barrister or solicitor of the Supreme Court of New South Wales.

(b)   In Victoria, a person must be at least 35 years of age and must be a barrister or solicitor of the Supreme Court who has been practising for a period of at least 5 years. A person who has passed the prescribed examinations and who is or has been a Clerk of Petty Sessions or Registrar of County Courts for a period of at least 10 years or who has passed the qualifying examination for appointment as Clerk of Petty Sessions or Registrar of County Courts may also be appointed as a Stipendieary Magistrate.

(c)   In Queensland, any Justice may bc appointed a Stipendiary' Magistrate, but the Public Service Regulations require preference to be given to officers of the public service who have passed an examination qualifying them for admission as harristers or solicitors of the Supreme Court of Queensland or who have passed certain qualifying examinations for promotion to the position of Stipendiary Magistrate and Warden, and Clerk of Petty Sessions and - Mining Registrar, and who have had at least 5 years' experience in Petty Sessions or Wardens Court work or in the Chief Office of the Department of Justice or the Department of Development and Mines in that State.

(d)   In South Australia, Stipendiary Magistrates are appointed from Special Magistrates on the recommendation of the Public Service Board and with the endorsement of the Chief Justice of that State. Special Magistrares in South Australia are all appointed from the practitioners of the Supreme Court of South Australia.

(e)   In Western Australia, a person must have passed the prescribed examination in law or be a legal practitioner duly qualified under the Legal Practitioners Act of that State, or be a barrister or solicitor entitled to practice in any State or in the High Court of Justice in England or Northern Ireland.

(f)   In Tasmania, a person must be a legal practitioner of tit least 5 years' standing.







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