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Supreme Court Legislation (Miscellaneous Provisions) Bill 1993
SUPREME COURT LEGISLATION
(MISCELLANEOUS PROVISIONS) BILL
1993
EXPLANATORY NOTES
The objective of this Bill is to remove the ceiling on the number of judges
that may be appointed to the Supreme Court.
A ceiling on the appointment of judges has existed since 1867 and can only
be altered by legislation. Legislative changes have been necessary on at least
eleven occasions since the establishment of the Supreme Court.
The Bill provides flexibility and responsiveness to the need for appointment
of judges to the Supreme Court.
As the eligibility of a solicitor to be a judge of the Supreme Court has been
addressed in the amendments removing the limit on the number of Supreme
Court judges that may be appointed, the opportunity has also been taken in the
Bill to `clean up' the Legal Practitioners Acts. There are 4 such Acts that
currently have substantive provisions --
(a) the Legal Practitioners Act 1905;
(b) the Legal Practitioners Act Amendment Act 1938;
(c) the Legal Practitioners Acts Amendment Act 1954:
(d) The Legal Practitioners Acts Amendment Act 1968.
The first of these is not affected by this Bill. The latter three Acts have been
amended by omitting the reference in each to a collective title.
The 7 Legal Practitioner Acts referred to in Part 6 of the Bill have no current
operation and are repealed.
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Supreme Court Legislation (Miscellaneous Provisions) Bill 1993
PART 1 -- PRELIMINARY
Clause 1 Short title of the Act.
PART 2 -- AMENDMENT OF THE SUPREME COURT
OF QUEENSLAND ACT 1991
Clause 2 states that the Supreme Court Act 1991 is amended as set out in
Part 2.
Clause 3 inserts a new section 12A which provides that the Governor in
Council may, by commission, appoint a barrister or solicitor of at least 5 years'
standing to be a judge. This section incorporates elements of section 8 of the
Supreme Court Act 1867 and section 2 of the Legal Practitioners 1881 both of
which are repealed by this Act.
PART 3 -- AMENDMENT OF SUPREME COURT ACT
1967
Clause 4 states that the Supreme Court Act 1867 is amended as set out in this
Part.
Clause 5 omits section 8 of the Supreme Court Act 1867 which provides that
judges may be appointed.
PART 4 -- REPEAL OF THE SUPREME COURT
JUDGES APPOINTMENT ACT 1983
Clause 6 repeals the Supreme Court Judges Appointment Act 1983. This Act
is repealed as it has no operation other than providing for the appointment of
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Supreme Court Legislation (Miscellaneous Provisions) Bill 1993
judges and setting a maximum number. In its place, provision is now made for
the appointment of judges in the new section 12A inserted in the Supreme
Court of Queensland Act 1991 by clause 3 of this Bill.
PART 5 -- MINOR AMENDMENTS OF THE LEGAL
PRACTITIONERS ACTS
Clauses 7-9 amend the Legal Practitioners Act Amendment Act 1938, the
Legal Practitioners Acts Amendment Act 1954 and the Legal Practitioners Acts
Amendment Act 1968 by omitting the reference in each to a collective title.
PART 6 -- REPEAL OF ACTS
Clause 10 repeals the following Acts which have no current operation --
(a) the Legal Practitioners Act 1881;
(b) the Legal Practitioners Acts Amendment Act 1946;
(c) the Legal Practitioners Acts Amendment Act 1947;
(d) the Legal Practitioners Acts Amendment Act 1961;
(e) the Legal Practitioners Acts Amendment Act 1965;
(f) the Legal Practitioners Acts Amendment Act 1974;
(g) the Legal Practitioners Acts Amendment Act 1977.
© The State of Queensland 1993