Section 70 of the Constitution of Urabba Parks

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Section 70 of the Constitution of Urabba Parks

Compiled text (Section 70 - Judicial and legal system places)

Judicial directors

(1)    Urabba Parks shall appoint a person as a director if the person:

(a)    is appointed a director place (category D) that is also a judicial place (category J) in registration table 3 in subsection (5), being a judicial director place; or
(b)    has ceased to be a director under this section otherwise than by cessation of the director’s appointment to a judicial director place in the table in subsection (5) and within 30 clear days of the cessation hands to the Manager‑General or appointed by the Manager‑General the person’s consent to be appointed a director;

and such a director shall be a judicial director and hold office until ceasing to occupy the judicial director place.

(2)    Upon a question of the removal of any judicial director, only the relevant member for the occupier of the judicial place in registration table 3 has any vote on the removal.

(3)    A removal under subsection (2) shall be taken to be a cessation of presentation of the occupier of the judicial place who is the director subject to the removal.

Alternate judicial directors

(4)    Subject to law, a judicial director may appoint the occupier of a director place that is also a judicial place in registration table 3 in subsection (5), and such alternate director shall be an alternate judicial director and holds office until ceasing to occupy the place or removal by the appointing director.

Table of places

(5)    This table sets out registration items:

Registration table 3: Judicial and legal system places
Item Description of place Relevant member Category
3 Judicial or legal system place
3.0.0.t.y Chief Judicial Officer or Deputy, places within this item are ranked in the order of the court number (placeholder component t) then by the ranked position number (placeholder component y) being allocated in the same manner in respect of a tribunal as in item 3.t.0.y
3.0.1.0.y The Chairman of the Judicial Oversight Board of Urabba Parks or Deputy
3.0.1.x judicial member of the Judicial Oversight Board of Urabba Parks or representing Urabba Parks on a shared judicial oversight board, being the occupier of a place provided under law falling in item 3.t.0.y
3.0.2.x appointed member of the Judicial Oversight Board of Urabba Parks or representing Urabba Parks on a shared judicial oversight board, being presented by any member of Urabba Parks who has never held:

(a) a representative place (category B)

(b) a judicial place (category J); or

(c) a legal system place (category K);

and who does not hold any other office of profit or responsibility under the Enactorship

The presenter to the place W
3.0.3 Tribunal Services Urabba Parks
3.0.3.0.y Manager of Tribunal Services Urabba Parks or Deputy W
3.0.3.v.0.y team leader of Tribunal Services Urabba Parks
3.0.3.v.g.x personnel of Tribunal Services Urabba Parks E
3.0.4.b.x members of an investigating panel, appointed by the Judicial Oversight Board of Urabba Parks or a shared judicial oversight board W
3.0.5 a person who has held a judicial place or legal system place who has registered interest in being appointed to an investigating panel W
3.0.6 a person who has never held a judicial place or legal system place who has registered interest in being appointed to an investigating panel W
3.t a tribunal, being a judicial body or a body not being a judicial body that may review decisions made by a body of the Executive Government or a campus government entity (an administrative tribunal)
3.t.0.y the head of jurisdiction of a judicial body or administrative tribunal  or deputy, being the occupier of:
(a) a judicial place; or
(b) a legal system place, but only in the case of an administrative tribunal;

and occupiers of places in this item shall rank firstly by persons actually appointed to such places then in the same manner as item 3.t.1.a

A
3.t.1.a member directly appointed to a judicial body or judicial member of an administrative tribunal (a member directly appointed), being:
(a) in the case of a judicial body, a person commissioned as judicial officer in respect of service membership eligible to present the person for appointment to the place; or
(b) in the case of a judicial member of an administrative tribunal, a member of a judicial body;

provided that a place falling in this item is only a judicial place (category J) if the place falls in paragraph (a).

the presenter of the judicial officer J
3.t.2.x.y member of a tribunal by virtue of membership of another body (an member ex officio) or alternate member in respect of such membership, being:
(a) in the case of a judicial body, holding membership of a judicial body of equal or lower status; or
(b) in the case of an administrative tribunal,
(i)   a member of an administrative tribunal of equal or lower status; or
(ii)  the occupier of an independent management place (category I) having responsibility to review decisions made by the occupier of a corporate service place (category C);

provided that a place falling in this item is only a director place in the case of appointment as an alternate for a person holding a director place

The relevant member of the most senior place holder in respect of the membership D
3.t.3.a person appointed as:
(a) a registrar or judicial clerk of a judicial body; or
(b) a non-judicial member of an administrative tribunal;

on the presentation of a service member of a class having rights to present to the place; provided that a place falling in this item is only a judicial place if the place falls in paragraph (a)

The presenter of the person J, K
3.t.4.x personnel of Tribunal Services Urabba Parks allocated to a tribunal as administrative officers K
3.t.5.x personnel of Tribunal Services Urabba Parks allocated to a tribunal as dispute resolution officers K
3.t.6.x personnel of Tribunal Services Urabba Parks who are allocated to a tribunal not in an abovementioned item
3.t.9.x member of the stakeholder council of a tribunal, being presented by a member of Urabba Parks The presenter of the member Y
3.1 Court of Directors
3.1.0.y President of the Court of Directors or Deputy
3.1.1.a Director of the Court of Directors commissioned directly to the Court (a Director directly appointed) D
3.1.7.x person who may represent parties before a tribunal appointed to the Urabbaparcensian Bar presented by a service member (a company advocate) the presenter of the company advocate K
3.1.8.x person who may represent parties before a tribunal under law other than a company advocate (a visiting advocate) K

Enactment information

Status

Proposed

Commencement

Law not made

Entrenchments

Endnotes

Please see information about the endnotes and the abbreviation key

Legislation history
Statute or Instrument Number and year Assent Commencement Application, saving and transitional provisions
Constitution Adoption 2021 No. 1, 2021 11 Jan 2021 1 Feb 2021 (gaz 2021,p. 1)
Amendment history
Provision affected How affected

Relevant notes from the explanatory memorandum

191. Subsection (1) provides for the appointment of judicial directors; persons appointed a director place (category D) that is also a judicial place (category J) in registration table 3 in subsection 70(5) are appointed by operation of the provision.  Subsections (2) to (3) clarify the position on the removal of these directors by resolution; only the presenter of the judicial director may remove the director by resolution, and in many cases that presenter is the director themselves.

192. Subsection (4) provides for the appointment of alternate judicial directors – this is intended to allow for members of tribunals ex officio to appoint a fellow member of the tribunal of which they are originally appointed to be their alternate.

193. Subsection (5) includes registration table 3 – judicial and legal system places.  The placeholder character ‘t’ is substituted for the court number (subsection 4(1) defines a ‘tribunal’ as a judicial body or administrative tribunal). Places listed include:

(A) Chief Judicial Officer (item 3.0.0.t.y) –the ranked position number (placeholder component y) being allocated ;
(B) judicial members of the Judicial Oversight Board (places starting with ‘3.0.1.’), and non- judicial members of the Judicial Oversight Board (places starting with ‘3.0.2.’) – these items also include representatives of Urabba Parks on a shared judicial oversight board;
(C) Tribunal Services Urabba Parks (item 3.0.3) – includes the Manager of Tribunal Services Urabba Parks or Deputy (item 3.0.3.0.y), team leaders (item 3.0.3.v.0.y) and personnel (item 3.0.3.v.g.x);
(D) members of investigating panels (places falling in item 3.0.4.b.x), pool of persons who have held a judicial place  (item 3.0.5) and the pool of persons who have never held a judicial place (item 3.0.6);
(E) tribunals (item 3.t) – this item defines ‘tribunal’ to mean a judicial body and an administrative tribunal, a body other than a judicial body that may review decisions of the Executive Government or a campus government entity, with places in tribunals including:
(i) the head of jurisdiction of a judicial body or administrative tribunal being the occupier of a judicial place or a legal system place, but only in the case of an administrative tribunal (item 3.t.0.y) – occupiers of places in this item shall rank firstly persons actually appointed to such places then in the same manner as item 3.t.1.a;
(ii) members directly appointed (item 3.t.1.a);
(iii) members ex officio and alternate members appointed by ex officio members (item 3.t.2.x.y);
(iv) registrars (item 3.t.3.a);
(v) personnel of Tribunal Services Urabba Parks allocated to the tribunal as administrative officers (item 3.t.4.x), dispute resolution officers (item 3.t.5.x) and others (item 3.t.6.x);
(vi) stakeholder councils (item 3.t.9.x);
(F) places within the Court of Directors (item 3.1), including:
(i) the President (item 3.1.0.y)
(ii) Directors directly appointed (item 3.1.1.a);
(iii) Directors ex officio (item 3.1.2.x.1);
(iv) company advocates (item 3.1.7.x) – these are advocates admitted to the Urabbaparcensian Bar,
(v) visiting advocates (3.1.8.x) – these are persons who are authorised to act as advocates despite not being fully admitted to the Urabbaparcensian Bar.

194. The inclusion of places within administrative tribunals in this table reflects the substantive nature of administrative tribunals as independent arbiters of initial decisions.  Many administrative tribunals in state jurisdictions consist of both judicial and non-judicial members; the system of numbering is to reflect the need to create a concise system that can be used throughout the tribunal system.

195. The inclusion of company advocates and visiting advocates as places within the Court of Directors (there being no equivalent place falling in the table for other tribunals) implies the Court is responsible for the admittance and authorisation of advocates.

See also

Notes

Judgments

Further reading

External links