CONSTITUTION ACT 1902 - SECT 52 Definition and application

CONSTITUTION ACT 1902 - SECT 52

52 Definition and application

(1) In this Part--


"judicial office" means the office of any of the following--

(a) Chief Justice, President of the Court of Appeal, Judge of Appeal, Judge, Associate Judge or Master of the Supreme Court,

(b) Chief Judge, Deputy Chief Judge or Judge of the Industrial Court or member of the Industrial Relations Commission in Court Session,

(c) Chief Judge or Judge of the Land and Environment Court,

(d) Chief Judge or Judge of the District Court or President of the Children's Court,

(e) Chief Judge or Judge of the Compensation Court,

(f) Chief Magistrate, Deputy Chief Magistrate or Magistrate of the Local Courts; Chief Magistrate, Deputy Chief Magistrate or Magistrate of the Local Court; Senior Children's Magistrate or Children's Magistrate of the Children's Court; Chief Industrial Magistrate or Industrial Magistrate; Chairman, Deputy Chairman or Licensing Magistrate of the Licensing Court.

(2) For the purposes of this Part--

(a) the Supreme Court, the Industrial Court and the Land and Environment Court are taken to be courts of equivalent status, and are of higher status than the courts referred to in paragraphs (b) and (c), and

(b) the District Court and the Compensation Court are taken to be courts of equivalent status, and are of higher status than the court referred to in paragraph (c), and

(c) the holders of the judicial offices referred to in paragraph (f) of the definition of
"judicial office" are taken to constitute one court, and

(d) the relative status of any other court is to be as determined by legislation.

(3) This Part extends to the removal or suspension of judicial officers after the commencement of this Part because of matters arising before that commencement.