Registrar, Higher Courts / 2014


Contents

From the State Courts Administrator 3

Areas of Responsibility for the Registrar 4

Job and Person Profile 5

Special Conditions 9

How to Apply 9

Overview of the Courts Administration Authority 10

CAA Organisational Business Plan 2013-2014 11

Overview of the Higher Courts Services Portfolio 12

Courts Administration Authority Organisational Chart – October 2014 13

Organisational Structure for Higher Court Services Division Chart 14

State Courts Administrator

Areas of Responsibility for the Registrar

As at October 2014:

The Registrar, Higher Courts has overall responsibility for:

·  Total of 113 FTE for Supreme Court, District Court, and ERD Court (excluding Probate)

·  Total of 9 FTE direct reports

·  Budget: $9.8 million

Supreme Court

The Supreme Court is the superior court of the State and deals with more complex civil claims and serious criminal charges. It is the highest court in the State for hearing appeals. The Court is constituted of the Chief Justice, 11 Justices and two Masters. Administrative staff perform the many tasks required to keep a multi-jurisdictional court functioning in an effective manner. This includes Civil and Criminal Registry and judicial support.

The Registrar is the principal administrative officer of the Supreme Court. The Registrar manages the Civil and Criminal registry and judicial support services to ensure the needs of the Court and public are met.

District Court

The District Court is the principal trial court in South Australia. The Court’s work is in four areas: civil, criminal, administrative and disciplinary, and criminal injuries. Except for Probate, Admiralty, judicial review and areas specified under various statutes, the civil jurisdiction is the same for that of the Supreme Court. In its criminal jurisdiction the District Court hears serious criminal matters except for offences related to murder and treason. The Court is constituted of the Chief Judge, 19 Judges and three Masters.

The Registrar is the principal administrative officer of the District Court and manages the provision of registry, judicial support and other support services to the Court.

Environment, Resources and Development Court

The Environment, Resources and Development (ERD) Court is a specialist court set up to deal with disputes, and the enforcement of the laws that relate to the development and management of land, the natural and built environment and natural resources. It has jurisdiction over a wide range of legislation including development, environment protection, natural resources, mining, native vegetation and native title matters.

The ERD Court has two judges who are also judges of the District Court and presiding members of the Equal Opportunity Tribunal. There are also three full-time and one part-time commissioners and a number of sessional commissioners,

The Registrar is the principal administrative officer of the ERD Court, who provides administrative, registry and judicial support services to the Court.

Further information is available on the CAA Website:-

http://www.courts.sa.gov.au/

Job and Person Profile

Remuneration level: An attractive Executive salary package will be negotiated

Type of Engagement: Executive Contract up to 5 years

Position Summary

The Registrar is the senior statutory administrative officer of the Higher Courts jurisdictions, and provides complex, strategic and operational direction on matters of practice and procedure to Supreme Court and District Court civil and criminal registry staff and Environment, Resources and Development Court (ERD Court) registry staff.

The Registrar is accountable to the Chief Justice Supreme Court, Chief Judge District Court and Senior Judge ERD Court for exercising the functions and duties assigned by the various Statutes, Rules of Court and Practice Directions for each jurisdiction. The Registrar exercises procedural or non-judicial powers of the Court assigned by the Chief Justice, Chief Judge and/or Senior Judge and other functions assigned by the Rules of the Courts.

The Registrar, in relation to the performance and discharge of functions and duties, (so far as they relate to the business of the Court) is subject to the control and direction of the Chief Justice, Chief Judge and/or Senior Judge. The Registrar reports to the Director, Higher Courts Services for all other purposes.

Statutory Offices

The position of Registrar, Higher Courts (the Registrar) will concurrently hold the statutory offices of:

·  Registrar, Supreme Court

·  Registrar, District Court

·  Registrar, Environment, Resources and Development Court

·  Registrar, Equal Opportunity Tribunal

·  Registrar, Police Disciplinary Tribunal

·  Registrar, Protective Security Officers Disciplinary Tribunal

Note: The Tribunal offices will cease at the point at which these jurisdictions transfer from the District Court to the South Australian Civil and Administrative Tribunal.

The Registrar’s role is established by:

·  section 82 of the Supreme Court Act 1935

·  section 17 of the District Court Act 1991

·  section 14 of the Environment Resources and Development Court Act 1993

·  section 8 of the Equal Opportunity Act 1984

·  section 38 of the Police (Complaints and Disciplinary Proceedings) Act 1985

Rule 18 of the Supreme Court Civil Rules also sets out the functions of the Registrar, as they relate to the business of the Supreme Court. Rule 18 of the District Court Civil Rules sets out the functions of the Registrar, as they relate to the business of the District Court. The Supreme Court Criminal Rules, District Court Criminal Rules and the Environment, Resources and Development Court Rules also impose obligations on the Registrar.

The Registrar works in close association with the Registrar of Probates/Principal Legal Officer.

Direct Reports to this Role

Accountable for the effective management of registry services, the Registrar has responsibility for a large staff group with multiple functions, and will be supported by the Senior Deputy Registrar or Deputy Registrars in each jurisdiction of the Higher Courts.

In the management of judicial support to around 40 independent judicial officers across the three Higher Court jurisdictions, the Registrar is responsible for a large and complex staff team, and is supported by a number of positions in the exercise of these duties.

The Registrar currently has a total of nine FTE direct reports.

Key Outcomes

The Registrar will achieve the following objectives and key outcomes through:

·  Effective senior leadership and administration of the Civil, Criminal and ERD jurisdictions of the Supreme Court, District Court and ERD Court, by exercising the powers and authorities conferred by Statute and Rules of Court and other complex legislative instruments.

·  Ensure robust practices by managing and participating in the receipt and processing of proceedings and other court documents from solicitors, litigants-in-person and other court users efficiently, securely and ensuring conformity with all relevant Rules, Practice Directions and practices.

·  Using understanding of complex legislation and rules of Court, settle orders of the Supreme Court, District Court and ERD Court in all their jurisdictions, and provide direction to senior registry staff that have delegated authority to settle orders.

·  Provide high-level interpretation and advice on legislative matters, and make recommendations on statutory and other matters impacting on the Court, its staff and court users.

·  Develop future strategies, and lead the improvement and modernisation of systems and processes within Higher Courts Registries to ensure high quality services

·  Lead significant and multi-faceted change programs in registry services and services to the Court and Chambers.

·  Provide expert advice in order to develop technical, managerial and decision-making skills of Deputy Registrars and other senior court staff in order for them to exercise appropriate delegations.

·  Ensure that judicial support staff functions are managed effectively, and facilitate strong relationships between registry and judicial support functions.

·  Monitor and report on key performance outcomes, and provide high-level strategic recommendations and options relating to these outcomes, to the relevant Head of Jurisdiction and/or the Director, Higher Courts Services.

·  Use high level diplomacy and relationship skills, build and maintain internal and external relationships, and establish consultative links with relevant bodies at a senior level.

·  Provide proficient advice and active leadership in forums concerned with developing and monitoring court rules, processes and procedures, and assume responsibility for implementation of reforms to practices within the registry and judicial support functions.

This position is accountable for a range of significant and varied administrative functions and leadership and management of employees. In addition to achieving the above outcomes, the Registrar will also be responsible for:

·  Driving strategic and business planning, performance measurement and reporting for the Higher Courts Registry and Judicial Support areas.

·  Ensuring effective and accountable use of resources through appropriate budget, financial and procurement practices.

·  The effective leadership and management of a large number of staff comprising multiple functional groups, through appropriate management practices, undertaking performance management and upholding the objects and principles of the Public Sector Act, 2009.

·  Developing the skills and effectiveness of individuals, particularly building capacity within team members in the areas of administrative application of legislation, rules and procedures of the court.

·  Adhering to the provisions of relevant legislation including, but not limited to the Work Health and Safety Act 2012, and associated Regulations, in particular the requirements of due diligence in Division 4, “Duty of officers, workers and other persons” of the Act and the Workers Rehabilitation and Compensation Act 1986.

·  Encouraging and fostering a positive culture and safe work environment with regular review of performance against CAA WHS&IM Management System objectives, targets and key performance indicators.

SELECTION CRITERIA

ESSENTIAL REQUIREMENTS

The following qualifications and capabilities are essential to successfully perform the requirements of this position.

Qualifications: There are no essential qualifications required to perform the duties of this position, however, a qualification in law will be highly regarded (see desirable capabilities).

Technical Knowledge

·  Extensive experience and understanding of the role of the Supreme Court, District Court and ERD Court in the justice system.

·  Demonstrated experience at a senior level in managing a multi-disciplinary/multi-functional operation in a legal environment.

·  Demonstrated understanding of both criminal and civil jurisdictions.

·  Significant experience in providing interpretation and direction on complex legislative instruments, and particularly the application of legislation, court rules, practice directions and procedures as they pertain to courts functions.

·  A comprehensive knowledge of current approaches to court administration, including information technology applications and their relevance in a court environment, with a demonstrated understanding of the function and administrative procedures of courts.

·  High-level analytical capabilities combined with sound independent judgment in the identification and resolution of complex issues in a legal environment.

·  Outstanding verbal and written communication skills, with an ability to concisely and clearly summarise key points, make recommendations and provide reports.

·  Demonstrated experience in bringing about procedural change in administrative processes within a legal environment.

Leadership and Management Capabilities

·  Sound strategic thinking, combined with senior management experience in order to contribute to the development, evaluation and review of strategic and business plans, and the creation and evaluation of measures and indicators of performance.

·  Outstanding relationship management and high level political acumen, facilitation and diplomacy skills, with an ability to manage complex organisational dynamics across multiple jurisdictions and manage the requirements of multiple judicial officers from across three courts.

·  Demonstrated capacity to operate and act decisively in an environment of ambiguity, and to provide direction to others at times of uncertainty and change.

·  Superior capacity to establish effective working relationships with senior staff, other courts, government agencies and professional bodies in the justice system.

·  Proven track record in a senior leadership level, with demonstrated capacity to motivate and empower people towards achieving quality results and creating a positive and productive team.

·  Capacity to obtain and allocate resources, and evaluate their use in relation to planned outcomes and make recommendations for change.

·  Demonstrated experience and abilities in promoting and monitoring standards and delivery of quality outcomes.

·  Substantial skills in implementing change and continuous improvements to achieve highest quality outcomes and services.

·  Excellent capacity to problem solve and bring intellect and evidence to decision making processes.

DESIRABLE REQUIREMENTS

While not essential, it will be considered favourable if the Registrar has some or all of the following:

·  A degree in Law.

·  Experience in the work of courts, and understanding of South Australia’s court system.

·  Completed or studying toward qualifications in a management discipline.

Special Conditions

The following special conditions apply to this position:

·  Engagement is in accordance with section 18 and section 21B of the Courts Administration Act 1993. The position occupies the offices of Registrar of Supreme Court and Registrar of District Court, both of which are prescribed positions as per Schedule 2 of the Courts Administration Regulations 2008. Terms and conditions of employment are otherwise governed by the Public Sector Act, 2009.

·  Appointment is subject to a satisfactory child related employment screening (National Criminal History Record Check) prior to employment, and subsequently, every three years.

·  The successful applicant will be required to obtain a security clearance at Negative Vetting Level 1.

Conditions of Employment

An appropriate remuneration package will be negotiated with the successful candidate. The successful candidate will be appointed on a contract offered for a fixed term of up to five years with the possibility of renewal.

How to Apply

Applications

Applications for this position should include the following:

1.  A cover application letter of no more than three pages indicating your suitability for the role.