Editing Constitution of Urabba Parks/Section 70
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[[Constitution of Urabba Parks/ | [[Constitution of Urabba Parks/contents|Table]]|[[Constitution of Urabba Parks/notes|Notes]]|[[Constitution of Urabba Parks/Section 69|Previous]]|[[Constitution of Urabba Parks/Section 71|Next]]|[[Constitution of Urabba Parks/download|Download]] | ||
= Judicial and legal system places = | = Judicial and legal system places = | ||
== Judicial directors == | == Judicial directors == | ||
(1) Urabba Parks shall appoint a person as a director if the person: | |||
: | :(a) is appointed to a director place (category D) that is also a judicial place (category J) in the table 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 a person provided under law 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. | 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 occupant of the judicial place in registration table 3 has any vote on the removal. | |||
(3) The presentation of a judicial officer ceases upon removal removal as a judicial director by resolution of the presenter. | |||
== | == Alternate judicial directors == | ||
(4) Subject to law, a judicial director may appoint the occupant of a director place that is also a judicial place in the table 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. | (4) Subject to law, a judicial director may appoint the occupant of a director place that is also a judicial place in the table 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: | (5) This table sets out registration items: | ||
{| class="wikitable" | {| class="wikitable" | ||
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! style="width: 30%; text-align:left;"|'''Category''' | ! style="width: 30%; text-align:left;"|'''Category''' | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3 | ||
|The judicature of Urabba Parks | |The judicature of Urabba Parks | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.0.0.t.y | ||
|Chief Judicial Officer or Deputy | |Chief Judicial Officer or Deputy | ||
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| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.0.1 | ||
|The Judicial Oversight Board of Urabba Parks | |The Judicial Oversight Board of Urabba Parks | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.0.1.0.y | ||
|The President of the Judicial Oversight Board or Deputy | |The President of the Judicial Oversight Board or Deputy | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.0.1.x | ||
|Judicial member of the Judicial Oversight Board of Urabba Parks or representative of Urabba Parks on a shared judicial oversight board, being the occupant of a place provided under law falling in item 3.t.0.y | |Judicial member of the Judicial Oversight Board of Urabba Parks or representative of Urabba Parks on a shared judicial oversight board, being the occupant of a place provided under law falling in item 3.t.0.y | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.0.2.x | ||
|Appointed member of the Judicial Oversight Board of Urabba Parks or representative of Urabba Parks on a shared judicial oversight board, being presented by any member of Urabba Parks who has never held: | |Appointed member of the Judicial Oversight Board of Urabba Parks or representative of Urabba Parks on a shared judicial oversight board, being presented by any member of Urabba Parks who has never held: | ||
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|W | |W | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.0.3 | ||
|Tribunal Services Urabba Parks | |Tribunal Services Urabba Parks | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.0.3.0.y | ||
|Manager of Tribunal Services Urabba Parks or Deputy | |Manager of Tribunal Services Urabba Parks or Deputy | ||
| | | | ||
|W | |W | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.0.3.v.0.y | ||
|Team leader of Tribunal Services Urabba Parks | |Team leader of Tribunal Services Urabba Parks | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.0.3.v.g.x | ||
|Team member of Tribunal Services Urabba Parks | |Team member of Tribunal Services Urabba Parks | ||
| | | | ||
|E | |E | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.0.4.b.x | ||
|Member of an investigating panel, appointed by the Judicial Oversight Board of Urabba Parks or a shared judicial oversight board | |Member of an investigating panel, appointed by the Judicial Oversight Board of Urabba Parks or a shared judicial oversight board | ||
| | | | ||
|W | |W | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |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 | |A person who has held a judicial place or legal system place who has registered interest in being appointed to an investigating panel | ||
| | | | ||
|W | |W | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |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 | |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 | |W | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |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''''') | |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''''') | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.0.0 | ||
|The council of members of a tribunal | |The council of members of a tribunal | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.0.0.0.y | ||
|Senior member of the council | |Senior member of the council | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.0.0.x | ||
|Member of the council, being a person falling in item 3.t.1.a or 3.t.2.x.y | |Member of the council, being a person falling in item 3.t.1.a or 3.t.2.x.y | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.1.0.y | ||
|The head of jurisdiction of a judicial body or administrative tribunal or deputy, being the occupant of: | |The head of jurisdiction of a judicial body or administrative tribunal or deputy, being the occupant of: | ||
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|A | |A | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.1.a | ||
|Member directly appointed to a judicial body or judicial member of an administrative tribunal (a '''''member directly appointed'''''), being: | |Member directly appointed to a judicial body or judicial member of an administrative tribunal (a '''''member directly appointed'''''), being: | ||
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A place only falls in an asterisked category if the place falls in paragraph (a) of the description | A place only falls in an asterisked category if the place falls in paragraph (a) of the description | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.1.a.P | ||
|The presenter of a member directly appointed, being a service member of a class having rights to present for appointment a member of the tribunal | |The presenter of a member directly appointed, being a service member of a class having rights to present for appointment a member of the tribunal | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |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: | |Member of a tribunal by virtue of membership of another body (an '''''member ex officio''''') or alternate member in respect of such membership, being: | ||
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A place only falls in an asterisked item in the case of appointment as an alternate for a person holding a director place | A place only falls in an asterisked item in the case of appointment as an alternate for a person holding a director place | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.3.a | ||
|Person appointed as: | |Person appointed as: | ||
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(b) only falls in a double-asterisked category if the place does not fall in a single-asterisked category | (b) only falls in a double-asterisked category if the place does not fall in a single-asterisked category | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.3.a.P | ||
|The presenter of an officer falling in item 3.t.3.a, being a service member of a class having rights to present for appointment to the place | |The presenter of an officer falling in item 3.t.3.a, being a service member of a class having rights to present for appointment to the place | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.4.x | ||
|Administrative officer of Tribunal Services Urabba Parks allocated to a tribunal | |Administrative officer of Tribunal Services Urabba Parks allocated to a tribunal | ||
| | | | ||
|K | |K | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.5.x | ||
|Dispute resolution officer of Tribunal Services Urabba Parks allocated to a tribunal | |Dispute resolution officer of Tribunal Services Urabba Parks allocated to a tribunal | ||
| | | | ||
|K | |K | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.6.x | ||
|Personnel of Tribunal Services Urabba Parks allocated to a tribunal not falling in a previous item | |Personnel of Tribunal Services Urabba Parks allocated to a tribunal not falling in a previous item | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.9.x | ||
|Member of the stakeholder council of a tribunal, being presented by a member of Urabba Parks | |Member of the stakeholder council of a tribunal, being presented by a member of Urabba Parks | ||
|The presenter of the member | |The presenter of the member | ||
|Y | |Y | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.t.9.x.P | ||
|Presenter of a member of a stakeholder council of a tribunal | |Presenter of a member of a stakeholder council of a tribunal | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.1 | ||
|The Court of Directors | |The Court of Directors | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.1.0.y | ||
|President of the Court of Directors or Deputy | |President of the Court of Directors or Deputy | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.1.1.a | ||
|Director of the Court of Directors commissioned directly to the Court (a Director '''''directly appointed''''') | |Director of the Court of Directors commissioned directly to the Court (a Director '''''directly appointed''''') | ||
| | | | ||
|D | |D | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |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''''') | |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 | |The presenter of the company advocate | ||
|K | |K | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.1.7.x.P | ||
|Presenter of a company advocate | |Presenter of a company advocate | ||
| | | | ||
| | | | ||
|- style="vertical-align:top; text-align:left;" | |- style="vertical-align:top; text-align:left;" | ||
| | |3.1.8.x | ||
|Person who may represent parties before a tribunal under law other than a company advocate (a '''''visiting advocate''''') | |Person who may represent parties before a tribunal under law other than a company advocate (a '''''visiting advocate''''') | ||
| | | | ||
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|} | |} | ||
= | = 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) falling in the table in subsection (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. | 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) falling in the table 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. | 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. | ||
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{{Constitution of Urabba Parks|state=expanded}} | |||
[[Category:Constitution of Urabba Parks| ]] | |||
[[Category:Urabbaparcensian constitutional law| ]] | [[Category:Urabbaparcensian constitutional law| ]] |