Local Courts Act

Reference received: ​9 August 1983

Report

Report 38: The Magistracy: Interim Report - First Appointments as Magistrates Under the Local Courts Act [PDF, 296Kb], September 1983

Tabled in parliament: 1 December 1983

Judicial citation: Macrae v Attorney General (NSW (1987) 9 NSWLR 268 at 272; Attorney General (NSW) v Quin (1990) 170 CLR 1 at 6, 44, 71, 90 

Note: The Commission's recommendations were implemented by administrative action

Terms of reference

To inquire into and report on the following matters

(a) the procedures and criteria which should be followed and applied for selection of the persons to be first appointed as Magistrates under section 12(1) of the Local Courts Act- 1982;

(b) having regard to

(i) the first year's operation of the Local Courts Act, 1982, and

(ii) the objectives of the Act,

the amendments, if any, which should be made to the Act and to any other legislation affecting Magistrates or the structure and Organisation of Local Courts (including the procedures and criteria which should be followed and applied for selection of persons to be appointed as Magistrates); and

(c) any incidental matters.

Pursuant to section 13(1) of the Law Reform Commission Act 1967, I direct that the Commission make an interim report as soon as possible. The interim report should deal with the matters referred to in paragraph (a), and should outline the approach that the Commission proposes to take to the examination of the matters referred to in paragraph (b)." ​