Constitution of Urabba Parks/Section 70

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Chapter 3 >>Part 1 >>Division 1 >>Subdivision A >>Section 70

Judicial and legal system placesEdit

Judicial directorsEdit

(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.

(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 directorsEdit

(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 placesEdit

(5) This table sets out registration items:

Registration table 3—Judicial and legal system places
Item Description of place Relevant member Category
3 The judicature of Urabba Parks
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 The Judicial Oversight Board of Urabba Parks
3.0.1.0.y The President of the Judicial Oversight Board or Deputy
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
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:

(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 Management

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 Team member of Tribunal Services Urabba Parks E
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 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.0.0 The council of members of a tribunal
3.t.0.0.0.y Senior member of the council
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
3.t.1.0.y The head of jurisdiction of a judicial body or administrative tribunal or deputy, being the occupant of:

(a) a category J place; or

(b) a category K place, but only in the case of an administrative tribunal;

and occupants 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

The presenter of the member J*

A place only falls in an asterisked category if the place falls in paragraph (a) of the description

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
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 occupant of an independent management place (category I) having responsibility to review decisions made by the occupant of a corporate service place (category C)
The relevant member of the most senior place holder in respect of the membership D*

A place only falls in an asterisked item in the case of appointment as an alternate for a person holding a director place

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

The presenter of the person J*, K**

A place:

(a) only falls in a single-asterisked category if the place if the place falls in paragraph (a) of the description; and

(b) only falls in a double-asterisked category if the place does not fall in a single-asterisked category

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
3.t.4.x Administrative officer of Tribunal Services Urabba Parks allocated to a tribunal K
3.t.5.x Dispute resolution officer of Tribunal Services Urabba Parks allocated to a tribunal K
3.t.6.x Personnel of Tribunal Services Urabba Parks allocated to a tribunal not falling in a previous 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.t.9.x.P Presenter of a member of a stakeholder council of a tribunal
3.1 The 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
3.1.7.x.P Presenter of a company advocate
3.1.8.x Person who may represent parties before a tribunal under law other than a company advocate (a visiting advocate) K

Relevant notes from the Explanatory MemorandumEdit

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.

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, which sets out places in the judicature of Urabba Parks (item 3) (judicial and legal system places). The placeholder character ‘t’ is substituted for the court number of the judicial body or administrative tribunal. Places listed include: :

(A) Chief Judicial Officer (item 3.0.0.t.y) – places within this item ranking 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;
(B) the Judicial Oversight Board (item 3.0.1) including the President (item 3.0.1.0.y), the judicial members (item 3.0.1.x), and non- judicial members (item 3.0.2.x) – 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 team members (item 3.0.3.v.g.x);
(D) members of investigating panels (places falling in item 3.0.4.b.x), the 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 (being a body other than a judicial body that may review decisions of the Executive Government or a campus government entity):
(i) the council of members of a tribunal (item 3.t.0.0), their senior members (item 3.t.0.0.0.y) and members, being persons falling in item 3.t.1.a or 3.t.2.x.y (item 3.t.0.0.x);
(ii) 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.1.0.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;
(iii) members directly appointed (item 3.t.1.a) and their presenters, being service members of a class having rights to present for appointment a member of the tribunal (item 3.t.1.a.P);
(iv) members ex officio and alternate members (item 3.t.2.x.y);
(v) registrars and judicial clerks, as well as non-judicial members of tribunals (item 3.t.3.a), and their presenters (item 3.t.3.a.P);
(vi) 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);
(vii) stakeholder councils (item 3.t.9.x) and presenters of their members (item 3.t.9.x.P);
(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), and their presenters (item 3.1.7.x.P) – 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.