Honorary Justices (Transitional) Regulations 2014

Honorary Justices (Transitional) Regulations 2014

S.R. No. 111/2014

table of provisions

RegulationPage

1Objective

2Authorising provisions

3Commencement

4Definitions

5Continuation of investigation

6Completed investigation

7Grounds for removal may differ

8Expiry

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S.R. No. 111/2014

Honorary Justices (Transitional) Regulations 2014

statutory rules 2014

S.R. No. 111/2014

Honorary Justices (Transitional) Regulations 2014

Honorary Justices Act 2014

S.R. No. 111/2014

Honorary Justices (Transitional) Regulations 2014

Honorary Justices (Transitional) Regulations 2014

S.R. No. 111/2014

Honorary Justices (Transitional) Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 26 August 2014

Responsible Minister:

ROBERT CLARK

Attorney-General

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to prescribe matters of a transitional nature in relation to investigations of justices of the peace commenced before the enactment of the Honorary Justices Act 2014.

2Authorising provision

These Regulations are made under section 50 of the Honorary Justices Act 2014.

3Commencement

These Regulations come into operation on 1 September 2014.

4Definitions

In these Regulations—

commencement day means the day on which section 55 of the Honorary Justices Act 2014 comes into operation;

employee of the Department of Justice means a person employed under Part 3 of the Public Administration Act 2004 in the Department of Justice;

relevant justice of the peace means a person who is taken to have been appointed under section 7 of the Act as a justice of the peace by operation of section 53(1) of the Act;

the Act means the Honorary Justices Act 2014.

5Continuation of investigation

(1)This regulation applies if—

(a)before the commencement day, an investigation was commenced into the conduct of a relevant justice of the peace by a retired magistrate engaged by an employee of the Department of Justice for either of the following purposes—

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(i) to prepare a report on whether there are grounds to revoke the appointment of the relevant justice of the peace under section 116 of the Magistrates' Court Act 1989 (as in force for the time being before the commencement day);

(ii) to prepare a report recommending whether the appointment of the relevant justice of the peace should be revoked under section 116 of the Magistrates' Court Act 1989 (as in force for the time being before the commencement day); and

(b)the relevant justice of the peace—

(i) was given written notice stating the reason for the investigation; and

(ii)has been given the opportunity to respond to the matters contained in that notice; and

(c)the investigation has not been completed before the commencement day.

(2)On and after the commencement day—

(a)the investigation is taken to be an investigation into the conduct of the relevant justice of peace under section 32 of the Act and may be continued and completed under the Act; and

(b)the retired magistrate is taken to be an investigator appointed under section 31 of the Act and must make a report of his or her findings or recommendations to the Attorney-General; and

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(c)the report to the Attorney-General of the retired magistrate's findings or recommendations is taken to be a report made under section 32(1)(b) of the Act; and

(d)if a report of an investigation conducted for the purpose referred to in regulation 5(1)(a)(ii) recommends the appointment of the relevant justice of the peace should be revoked, the facts found by the retired magistrate which form the basis of that recommendation are taken, for the purposes of section 32(1)(b) of the Act, to be facts which could constitute grounds for removal of the relevant justice of the peace from office; and

(e) section 32(2), (3) and (4) of the Act do not apply in relation to the investigation.

6Completed investigation

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(1)This regulation applies if—

(a)before the commencement day, an investigation was completed into the conduct of a relevant justice of the peace by a retired magistrate engaged by an employee of the Department of Justice for either of the following purposes—

(i) to prepare a report on whether there are grounds to revoke the appointment of the relevant justice of the peace under section 116 of the Magistrates' Court Act 1989 (as in force for the time being before the commencement day);

(ii) to prepare a report recommending whether the appointment of the relevant justice of the peace should be revoked under section 116 of the Magistrates' Court Act 1989 (as in force for the time being before the commencement day); and

(b)the relevant justice of the peace—

(i) was given written notice stating the reason for the investigation; and

(ii)has been given the opportunity to respond to the matters contained in that notice; and

(c)before the commencement day, a report of the findings or recommendations of the retired magistrate—

(i) has not been prepared; or

(ii) was prepared but the Attorney-General has not made a recommendation to the Governor in Council in relation to the findings or recommendations of the report.

(2)On and after the commencement day—

(a)the investigation is taken to be an investigation into the conduct of the relevant justice of peace under section 32 of the Act; and

(b)the retired magistrate is taken to be an investigator appointed under section 31 of the Act and, if the retired magistrate has not done so already, must make a report of his or her findings or recommendations to the Attorney-General; and

(c)the report to the Attorney-General of the retired magistrate's findings or recommendations, whether made before or after the commencement day, is taken to be a report made under section 32(1)(b) of the Act; and

(d)if a report of an investigation conducted for the purpose referred to in regulation 6(1)(a)(ii) recommends the appointment of the relevant justice of the peace should be revoked, the facts found by the retired magistrate which form the basis of that recommendation are taken, for the purposes of section 32(1)(b) of the Act, to be facts which could constitute grounds for removal of the relevant justice of the peace from office; and

(e) section 32(2), (3) and (4) of the Act do not apply in relation to the investigation.

7Grounds for removal may differ

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(1)Despite anything to the contrary in the Act, a report of an investigation to which regulation 5 or 6 applies may—

(a)in the case of an investigation conducted for the purpose referred to in regulation 5(1)(a)(i) or 6(1)(a)(i)—include findings that facts exist which could constitute grounds for the removal of the relevant justice of the peace from office that differ from those set out in section 33 of the Act; and

(b) in the case of an investigation conducted for the purpose referred to in regulation 5(1)(a)(ii) or 6(1)(a)(ii)—include a recommendation that the appointment of the relevant justice of the peace should be revoked based on facts that differ from facts that could constitute the grounds set out in section 33 of the Act.

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(2)Despite anything to the contrary in the Act, the Attorney-General, under section 34 of the Act, may recommend to the Governor in Council that the relevant justice of the peace be removed from office if—

(a)in the case of a report of an investigation conducted for the purpose referred to in regulation 5(1)(a)(i) or 6(1)(a)(i)—the report includes findings that facts exist which could constitute grounds for the removal of the relevant justice of the peace from office that differ from those set out in section 33 of the Act; or

(b) in the case of a report of an investigation conducted for the purpose referred to in regulation 5(1)(a)(ii) or 6(1)(a)(ii)—the report includes a recommendation that the appointment of the relevant justice of the peace should be revoked based on facts that differ from facts that could constitute the grounds set out in section 33 of the Act.

8Expiry

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These Regulations expire on 1 September 2016.

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