Statutes – Construction - Magistrates Act (NT), s 6 - Requirement that a magistrate be paid such remuneration and allowances as determined from time to time by the Administrator - Respondent appointed Chief Magistrate with 11 years to serve before age of compulsory retirement - Initial determination of remuneration by Administrator limited to a two year period - Whether appointment valid pursuant to Magistrates Act (NT).
Constitutional law (Cth) – Judicial power of the Commonwealth - Vesting in State and Territory courts - Minimum requirements for the appearance of impartiality and independence - Whether contravened by appointment where salary determined for a limited period.
Constitution – Ch III.
Magistrates Act (NT) – ss 4, 6, 7, 19A.
Remuneration Tribunal Act (NT).
Judgment date
Case number
D2/2003
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Catchwords