I. HISTORY

A. England¹

2.1 The office of Justice of the Peace emerged in England in the middle of the fourteenth century. Holders of the office had police, administrative and judicial powers and duties. By 1361 these included keeping the peace, arresting and imprisoning offenders, and hearing and determining charges relating to felonies and trespasses. Sittings of the justices became known as Sessions of the Peace. There were four kinds of Sessions, Special Sessions, General Sessions, Quarter Sessions and Petty Sessions, though Quarter Sessions were in fact only a particular form of General Sessions. Special Sessions were meetings of justices for a special purpose: for example, to license an ale house. General Sessions were courts in which the justices executed the authority given to them by their commissions or by statute. Quarter Sessions, or General Quarter Sessions as they were often called, was the title given to the General Sessions when complying with a statutory requirement of 1363 to sit four times a year. Quarter Sessions, and General Quarter Sessions, used Juries. Petty Sessions, on the other hand were courts of summary jurisdiction over which two or more justices presided without a jury. The title was derived from the petty nature of the offences dealt with by the justices in those courts.

2.2 Stipendiary (paid) magistrates were first appointed in the late eighteenth century in London to discharge judicial duties formerly the province of Justices. Their appointments followed claims that the local justices had become so corrupt that they had to be replaced. Unlike the justices, the Stipendiary magistrates were lawyers. Stipendiary magistrates were. and still are, relatively uncommon outside the greater metropolitan areas. In other areas, benches of lay justices continue to discharge many Judicial duties.

B. New South Wales²

2.3 The Commission appointing Captain Arthur Phillip to be Governor of New South Wales gave him authority to appoint Justices of the Peace. The justices were to have power to keep the peace, arrest, take bail, bind to be of good behaviour, suppress and punish riots, and perform the same judicial and other duties as did justices of the Peace in England.

2.4 In February 1788 the Governor appointed the first two justices of the Peace in New South Wales. The first sittings of the justices took place twelve days later. Their work included disciplining convicts and dealing with larcenies, breaches of the peace and other minor complaints. They also exercised jurisdiction in small debt cases.

2.5 In 1825 the Governor was authorised to establish Courts of Petty Sessions throughout the country, mainly at the larger centres, and to appoint stipendiary magistrates. General Quarter Sessions had already been established.

2.6 In August 1832 an Act was assented to which outlined the respective powers and authorities of General Quarter Sessions and Petty Sessions and determined the places at which the Courts should be held. It provided that two or more justices assembled and sitting in open court at any place within the colony, the court not being a Court of General Quarter Sessions, should be a Court of Petty Sessions. The Act detailed the jurisdiction of the Courts and provided for the Governor to appoint places at which Petty Sessions should be held.

2.7 In September 1832 the Governor directed that Courts of Petty Sessions be held at 21 different places, including the Hyde Park Barrack, Bathurst, Berrima, Maitland and Port Macquarie.

II. COURTS OF PETTY SESSIONS³

A. Numbers and Location

2.8 In September 1982 there were some 200 places of Petty Sessions in New South Wales. They included Lord Howe Island, Tweed Heads, Eden, Wentworth, Broken Hill, Lightning Ridge, Mungindi and most towns and cities in the area bounded by these particular places. In short, places of Petty Sessions are reasonably accessible to the great majority of the people of New South Wales. In 1912 there were 375 such places. The difference is accounted for by population changes and improved transport systems which have led to the abolition of some places of Petty Sessions.

2.9 Not every place of Petty Sessions has a permanent court official. In some remote areas of the State, police officers also serve as acting court officials. There are, however, about 185 Court Houses throughout the State where Courts of Petty Sessions sit Nowadays they are almost invariably presided over by stipendiary magistrates, not by justices.

B. Administration

2.10 Courts of Petty Sessions are administered by a branch of the Department of the Attorney General and of Justice called “Magistrates Courts Administration”. It is the largest single branch of the Department and about 1,020 officers work within it. The branch is headed by a Director and, through him, is responsible to the Under Secretary of the Department and to the Minister for the administration of Courts of Petty Sessions and Court Houses throughout the State. It is the Director’s responsibility to ensure, for example, that courts and Court Houses are property staffed and equipped and that they provide an efficient service to members of the public and the legal profession Clerks of Petty Sessions, being officers in charge of Court Houses are, in effect, “Branch Managers”. An indication of Magistrates Courts Administration’s powers and responsibilities can be gathered from the scope of the duties of Clerks of Petty Sessions. In addition to acting in the capacity of Clerk, they also act in some or all of the following capacities:

• Chamber Magistrate.
• Clerk of the Licensing Court
• Registrar of Social Security.
• District Agent for the Registrar of Probates.
• Agent for the Government Insurance Office.
• Agent for the Public Trustee.
• Local Registrar of Births and Deaths.
• Crown Land Agent
• Mining Warden

Although stipendiary Magistrates form part of Magistrates Courts Administration, the Chairman of the Bench of Stipendiary Magistrates (an office created in 1909) has special responsibilities in relation to them. Where they sit, for example, is determined by the Chairman.

2.11 For administrative and jurisdictional purposes, the State is divided into 72 Petty Sessions districts. At least one stipendiary magistrate is allocated to each country district and he or she will usually have a circuit of Petty Sessions places within that district where Courts of Petty Sessions are held from time to time on a roster basis. The stipendiary magistrate at, for example, the town of Griffith presides over Courts of Petty Sessions at places such as Leeton, Narrandera and Darlington Point. Within the city of Sydney, stipendiary magistrates are allocated to Courts of Petty Sessions at Castlereagh, Elizabeth, Phillip and George Streets. Similar arrangements are made for the suburban Courts of Petty Sessions at places such as Hornsby, Manly, North Sydney, Redfern, Paddington, Waverley, Bunwood and Campsie, and for the comparable courts at cities such as Newcastle and Wollongong.

C. Jurisdiction

2.12 Over the years, Courts of Petty Sessions have been invested with more and more jurisdiction both civil and criminal. The stipendiary magistrates presiding over them have also been required to cope with great changes in the nature of the matters that come before them The Family Law Act 1975 (Cth.), for example, gives them important and often difficult work in resolving some of the consequences of separation and divorce, including custody, disputes and claims for maintenance. State legislation with respect to diverse subjects such as corporate crime, drugs, and pollution has also added a new dimension to their work. Not only the volume of cases but also their complexity and the time needed to dispose of them have increased. We speak of the work load of the Courts later in this chapter but we are concerned here with their jurisdiction. On 1 April 1983, the upper monetary limit of the civil claims jurisdiction was increased from $3,000 to $5,000, having been increased from $2,000 to $3,000 in June 1981.⁴ Important matters, for example, of contract, personal injury and property damage are now within the civil jurisdiction of the Courts.

2.13 On 16 May 1983, the criminal Jurisdiction was also enlarged by amendments made to sections 476 and 501 of the Crimes Act 1900.⁵ Under section 476 of the Crimes Act 1900, some indictable offences may be dealt with summarily by a stipendiary magistrate if the defendant consents and the magistrate is satisfied that the case is one which may properly be disposed of summarily. The section applies, for example, to stealing a chattel or stealing money where the value of the chattel or the amount of the money does not exceed a specified sum. Immediately before the 1983 amendment, the sum was $1,000. It is now $10,000. The amendment also enlarged the class of offences which maybe disposed of under section 476. It now includes, for example, the offences of malicious wounding, culpable driving and culpable navigation except when death is occasioned by the driving or navigation.

2.14 Under section 501 of the Crimes Act, 1900, some indictable offences relating to property, for example, stealing a chattel or stealing money, may be dealt with summarily without the consent of the defendant where the value of the property or the amount of the money does not exceed a specified sum. This sum was increased from $500 to $2,000 by the amendment already referred to.

D. Work Load

2.15 In 1982 Courts of Petty Sessions dealt with 685,000 matters in their criminal lists, a record number. The number of defended matters, 23,700, was also the highest ever recorded. In the same year, these Courts dealt with 250,000 civil claims. They also disposed of 13,450 applications under the Family Law Act 1975 (Cth.).⁶ With their recently enlarged civil and criminal jurisdictions, the work load of Courts of Petty Sessions can reasonably be expected to become very much heavier. Experience also suggests that from time to time their jurisdiction will be further enlarged and that their work load will increase accordingly.

III. STIPENDIARY MAGISTRATES

A. Number and Location

2.16 There are 105 serving stipendiary magistrates in New South Wales. The following table gives a broad indication of their present functions and places of work. About 73 per cent of stipendiary magistrates are located in metropolitan Sydney and about 27 per cent in other cities and country towns.

B. Appointment: Qualifications and Procedures

2.17 Section 7(1) of the justices Act, 1902, provides that the Governor may appoint as stipendiary magistrates such persons as may be necessary “to have Jurisdiction within the State of New South Wales”. Section 7A of the same Act allows the Governor to appoint as a stipendiary magistrate “any person not an officer in the public service”. This latter provision is subject to the qualification that no appointment of persons outside the Public Service shall be made until the Public Service Board has reported that, in its opinion there is no person in the Public Service as capable of performing the duties of the office as the person outside the Service whom it is proposed to appoint. Section 7A is, however, to be compared with section 64 of the Public Service Act, 1979. This section has the effect that no person who is not already an officer in the Public Service shall be appointed as a stipendiary magistrate unless the Public Service Board has reported to the Governor that there is, in its opinion, no available officer in the Public Service who is as capable and qualified as the person proposed to be appointed. We do not have to determine the legal effect if any, of the textual differences between section 7A of the justices Act, 1902, and section 64 of the Public Service Act, 1979. We mention the provisions merely to indicate the special position in relation to appointment as stipendiary magistrate of officers in the Public Service. Section 117 of the Public Service Act, 1979, also provides that no person shall be appointed as magistrate unless he or she is 35 years old, is willing to reside permanently within the district in which he or she is appointed, and is, or is eligible for admission as, a barrister or solicitor of the Supreme Court of New South Wales. Special provisions apply to some stipendiary magistrates. We refer in paragraph 2.37 to the special position of, for example, stipendiary magistrates who are also licensing magistrates.

Table 2.1: New South Wales Magistracy

Number and Location 1983

Title	No.	Place of Work
Chairman	1	Sydney
Deputy Chairman (Legal)	1	Sydney
Deputy Chairman (Administration)	1	Sydney
Chief Industrial Magistrate	1	Sydney
City Coroner	1	Sydney
Westmead Coroner	1	Metropolitan Sydney
Licensing Magistrates
Chairman	1	Metropolitan Sydney and Country
Deputy Chairman	1	Metropolitan Sydney and Country
Magistrates	2	Metropolitan Sydney
Senior Special Magistrate (Children’s Court)	1	Sydney
Other Special Magistrates (Children’s Court)	4	Metropolitan Sydney
Chief Mining Warden	1	Sydney
Fair Rents Magistrate	1	Sydney
Relieving Magistrates	5	Based in Sydney
Country Magistrates	28	Outside Metropolitan Sydney
Metropolitan Magistrates	54	Metropolitan Sydney
Director, Magistrates Courts Administration	1	Sydney
Government and Related Employees’ Appeal Tribunal	1	Sydney
	106	(One position is vacant)

2.18 The statutory provisions mentioned in the previous paragraph will not apply to persons appointed as Magistrates under the Local Courts Act, 1982.

2.19 We are told that with the exception of two stipendiary magistrates chosen from outside the Public Service in 1975, one in 1982, and five stipendiary magistrates appointed in 1968 and 1969 from other divisions of the Department of the Attorney General and of justice, all presently serving stipendiary magistrates were appointed from within the ranks of officers serving in Magistrates Courts Administration. These people had the following years of service in the Administration prior to appointment.

Table 2.2: New South Wales Magistracy

Years of Service 1983

Years of Service:	5-10	11-15	16-20	21-25	26-30	31-35
Number of Stipendiary Magistrates	4	1	44	43	5	1

2.20 Officers wishing to be considered for appointment as a stipendiary magistrate apply to the Department of the Attorney General and of Justice. From time to time, a selection committee considers the applications and interviews applicants. The composition of the committee has varied over the years but recently it has usually comprised the Chairman of the Bench of Stipendiary Magistrates, the Under Secretary of the Department of the Attorney General and of justice, the Director of Magistrates Courts Administration and one other person For many years, the other person was a member of the Public Service Board, but more recently he or she has been a person nominate by the Attorney General (the Solicitor General is usually the nominee). The names of successful applicants are placed on an eligibility list and the persons concerned are immediately commissioned by the Governor as stipendiary magistrates. When a vacancy arises, the person whose name is on top of the list is formally appointed to the position Between being commissioned and appointed, this person usually a senior Clerk of Petty Sessions, is available to preside over Courts of Petty Sessions on a casual basis to relieve any stipendiary magistrate who is sick, on leave or on other duties. He or she thus gains magisterial experience and assists the smooth functioning of the courts.

2.21 Unsuccessful applicants seldom if ever, appeal against, or seek a review of recommendations made by the selection committee.

C. Appointment: Criteria

2.22 There are no prescribed criteria by reference to which the suitability of an applicant for appointment as a stipendiary magistrate is assessed. We are told by officers within Magistrates Courts Administration that, in practice, members of selection committees often have regard to matters listed by the Administration such as the following:

• Position Performance

How well has the applicant carried out the duties of his or her present position?

• Legal Knowledge

What is the extent of the applicants legal knowledge?

• Breadth of Knowledge

What is the applicant s range of knowledge and how does he or she use information and concepts derived from non-legal fields of knowledge?

• Analysis and judgment

Is the applicant a critical observer? Has he or she the ability to break a problem into components, to weigh and to relate, and to arrive at sound conclusions?

• Objectivity

Has the applicant an open mind? Can he or she keep emotional or personal interests from influencing decisions?

• Verbal Facility

To what extent is the applicant articulate, communicative and understood by people at all levels?

• Personal Characteristics

What is the sum total of the applicants temperaments Does he or she have personality characteristics which are likely to have a bearing upon his or her ability to act as an effective magistrate?

• Moral Courage

What are the applicant s qualities of moral courage, fortitude, assurance, inner security, self-confidence and self-reliance?

• Dependability

How well does the applicant meet schedules and deadlines and adhere to instructions and policy?

• Sensitivity

What is the extent of the applicants empathy with people, his or her ability to recognise their problems and to act with consideration?

• Outside Interests and Behaviour

In relation to the applicant:

What are his or her outside interests?

How is he or she received by members of organisations to which he or she belongs?

Does he or she partake of alcohol?

Does he or she indulge in gambling?

How does he or she conduct himself/herself off the job?

Is he or she residing with wife/husband and family?

Is his or her financial position sound?

2.23 Generally speaking, the Public Service Act, 1979, applies to the appointments of stipendiary magistrates, and to stipendiary magistrates during the time that they hold that office. As noted, section 117 of the Act provides that no person shall be appointed as a stipendiary magistrate unless he or she has attained the age of 35 years. Section 77 of the Act has the effect that stipendiary magistrates retire upon attaining the age of 60 years but, on the recommendation of their Department Head, they may continue in office until attaining the age of 65 years.

Ages and Years of Service 1983

2.24 The following table indicates the ages of the present Bench of Stipendiary Magistrates:

Age:	35-40	41-45	46-50	51-55	56-60	61-65
Number of Stipendiary Magistrates:	6	16	37	33	13	Nil

The ages at which these stipendiary magistrates were appointed to the Bench are as follows:

Age:	35	36	37	38	39	40	41	42	43	44	45	46	47	48	49	50	51
Number of Stipendiary Magistrates	22	27	14	5	11	10	4	2	1	1	2	3	1	0	0	1	1

Their veers of service as stipendiary magistrates are as follows:

Years of Service:	1-5	6-10	11-15	16-20	21-25	26-30
Number of Stipendiary Magistrates:	19	20	38	26	2	Nil

2.25 Stipendiary magistrates are, for administrative and salary purposes, divided into three grades. In most instances, upon appointment, stipendiary magistrate is classified ,is Grade 3. He or she usually progresses to Grade 2 and then to Grade 1. Progression is determined by seniority according to date of appointment and availability of positions in the next higher grade. Excluding the Chairman, his two Deputies, four licensing magistrates and the Chief Industrial Magistrate. there are 11 stipendiary magistrates on Grade 3.28 on Grade 2 and 59 on Grade 1.

2.26 Stipendiary magistrates on Grade 3 are usually assigned to Courts of Petty Sessions in Sydney where the work is confined to traffic matters. Persons on Grade 2 are usually assigned to a country Court of Petty Sessions and those on Grade 1 to metropolitan courts. There are exceptions to these general rules. There are, for example, nine stipendiary magistrates on Grade 1 serving in country areas, for example, Gosford and Katoomba, one on Grade 2 doing fair rents work in Sydney and one on Grade 3 doing traffic work in Newcastle. Also, all stipendiary magistrates working exclusively in children’s courts in Sydney are on Grade 2 with the exception of the Senior Magistrate for those courts who is on Grade 1.

2.27 The present salaries and allowances of stipendiary magistrates are as follows:

	Salary	Allowance
Chairman	$57,717 +	$1,549
Deputy Chairman	$54,515 +	$894
Grade 1	$51,303 +	$668
Grade 2	$47, 456 +	$668
Grade 3	$42, 326 +	$454

Section 82 of the Public Service Act 1979, confers a general power on the Public Service Board to determine the remuneration of officers in the Public Service including stipendiary magistrates and, for the purposes of any industrial proceedings, the Board is by virtue of section 81 of that Act, deemed to be their employer. In 1973, in consequence of proceedings before the Industrial Commission and with the approval of that Commission the Board ,agreed with the Stipendiary Magistrates’ Vocational Branch of the Public Service Association of N.S.W (the stipendiary magistrates union) that the remuneration of stipendiary magistrates should be linked with that of the Judges of the District Court. It was then agreed that the following percentages of the salary of a judge of the District Court should be paid to stipendiary magistrates:

Stipendiary Magistrate Grade 1 .... 75%

Stipendiary Magistrate Grade 2 .... 69%

Stipendiary Magistrate Grade 3 .... 62%

2.28 In 1981 a further work value case was brought on behalf of stipendiary magistrates by the Public Service Association. The increased work value, according to the Association’s submission arose from a number of factors. These included increases in the criminal and civil jurisdiction of Courts of Petty Sessions, greater responsibilities under Commonwealth laws such as the Family Law Act 1975 and the Customs Act 1901 (which creates some drug offences), more complex work arising from a higher incidence of “white collar” criminal charges and long trials, and a community expectation that stipendiary magistrates will be aware of the social implications of their role. The case led to an agreement that the relationship between stipendiary magistrates salaries and those of District Court judges should be increased as follows.

Stipendiary Magistrate Grade 1 .... 80%

Stipendiary Magistrate Grade 2 .... 74%

Stipendiary Magistrate Grade 3 .... 66%

In a submission made to this Commission the Stipendiary Magistrates’ Vocational Branch suggested that the salaries of all stipendiary magistrates should be increased to 90% of the salary of District Court Judges.⁷ In summary, the submissions made on behalf of stipendiary magistrates have all been based on factors such as those referred to in paragraphs 2.12-2.14, namely, their increased Jurisdiction and the increasing complexity and importance of their work.

2.29 Licensing magistrates are not paid the salary specified in the previous paragraph. Their salaries are determined by the Statutory and Other Offices Remuneration Tribunal and are some $3,000 below that of Grade 1 stipendiary magistrates.

2.30 Travelling and accommodation allowances are also paid to stipendiary magistrates in accordance with rules, and at rates, determined by the Public Service Board. In consequence of their being employed under the provisions of the Public Service Act, 1979, all stipendiary magistrates are eligible to contribute to the State Superannuation Fund in accordance with the provisions of the Superannuation Act, 1916.

F. Rotation of Magistrates

2.31 Stipendiary magistrates are generally expected to serve sometime on circuit in country areas. They are moved from time to time, whether serving in the country or elsewhere, and this limits the possibility that they may develop an undesirable familiarity with legal practitioners or police officers which might impair their impartiality. Likewise, it ensures that particular localities are not favoured, or disfavoured, by the continued presence of any one stipendiary Magistrate. A policy of rotation between country circuits, and within the metropolitan area has been followed for some nine years. It is reasonably flexible and allowance is made for special cases that may arise, for example, on compassionate grounds or because of the educational needs of children. The policy is administered by the Chairman of the Bench of Stipendiary Magistrates.

G. Post-Appointment Training

2.32 All stipendiary magistrates are qualified in law, either through being admitted to a degree of Bachelor of Laws within a University or through having completed the examinations conducted by the Solicitors’ and Barristers’ joint Examination Board of New South Wales. Some stipendiary magistrates have other tertiary qualifications. Particulars of these qualifications follow:

Master of Laws	1
Bachelor of Arts	4
Diploma in Criminology	56
Diploma in jurisprudence	1
Accountancy Certificate	1

There are, however, no mandatory courses of continuing education legal or otherwise, and there are no current proposals for such courses. A voluntary course leading to a Graduate Diploma in justice Studies is, we believe, under active consideration. It could be attractive to stipendiary magistrates in that it may be offered on an external study basis by Mitchell College of Advanced Education at Bathurst, and may include courses such as sentencing practices, the psychology and sociology of law enforcement, advanced criminal and civil law, and elective material in the social sciences.

H. Complaints and Discipline

2.33 Anotherconsequenceofstipendiarymagistratesbeingemployedundertheprovisions of the Public Service Act, 1979, is that they are subject to the discipline and conduct provisions of that Act. Section 85 provides as follows:

“An officer who -

(a) commits any breach of this Act or the regulations;

(b) engages in any misconduct;

(c) uses intoxicating beverages or drugs to excess;

(d) wilfully disobeys, or wilfully disregards, any lawful order made or given by a person having authority to make or give that order;

(e) is negligent, careless, inefficient or incompetent in the discharge of his duties; or engages in any disgraceful or improper conduct,

is guilty of a breach of discipline.”

The Public Service Act, 1979, replaced the Public Service Act, 1902, and section 85 is expressed in substantially the same terms as section 56(2) of the 1902 Act We are told that no proceedings have been taken against a stipendiary magistrate under either provision in the past 30 years. This is not surprising because, apart from any other reason some of the provisions seem to be inapt in their application to the judicial role of stipendiary magistrate.

2.34 Section 56(2) of the 1902 Act app lied, and section 85 of the 1979 Act applies, not only to stipendiary magistrate s but al so to all officers of the Public Service. Section 93(2) of the 1979 Act, which applies to all officers of the Public Service other than Departmental Heads, speaks of regulations under the Act making provision with respect to the manner of dealing with alleged breaches of discipline. An inquiry held pursuant to the regulations is a “disciplinary inquiry”. Under section 102 of the 1979 Act each member of the Public Service Board and each of the Boards delegates has, for the purpose of an inquiry, the powers, authorities, protections and immunities conferred on a commissioner by Division I of Part II of the Royal Commissions Act, 1923. Regulations have not been made under section 93(2) but, under clause 19 of Schedule 6 to the 1979 Act regulations under the 1902 Act are deemed to have been made under the 1979 Act The relevant regulation is 147A. Among other things, it requires that an officer charged with an alleged breach of discipline be notified in writing of the charge and, where the officer denies it, that he or she be summoned before the Board, and that the Board inquire into its truth. If the officer is found to have committed the breach, he or she may be cautioned, reprimanded, fined, reduced to a lower classification or position have his or her salary reduced, or be directed to resign, allowed to resign or be dismissed. If dismissed, the officer may appeal to the Government and Related Employees Appeal Tribunal constituted by the Government and Related Employees Appeal Tribunal Act 1980. A stipendiary magistrate is presently a member of that Tribunal.

2.35 Part VI of the Justices Act, 1902, is concerned with the civil liability of Justices, including stipendiary magistrates, for acts done by them within their jurisdiction and for acts done by them without, or in excess of jurisdiction. For present purposes, we attach little importance to these provisions. They are seldom invoked and, in any event in the course of our current work on criminal procedure, we may recommend that these old provisions be repealed and be replaced by provisions which are more appropriate to the conditions of today.

2.36 In short experience shows that it is most unlikely that any complaint about the conduct of a stipendiary magistrate will lead to formal proceedings of a disciplinary nature being taken against the person concerned. The absence of formal disciplinary proceedings does not mean that the actions of stipendiary magistrates go entirely unchecked. Most of their decisions are subject to the ordinary processes of judicial review and appeal. Also, informal complaints are made to the Minister, the Under Secretary of the Department of the Attorney General and of Justice, and to the Chairman of the Bench of Stipendiary Magistrates. if action is taken in response to a complaint - it is generally taken in private and is of an informal nature. The usual line of communication in recent times, has been for the Under Secretary of Justice to direct the attention of the Chairman of the Bench to a complaint. Files we have seen show that some complaints lead to discussions between the Chairman of the Bench and the magistrate in question In one instance, a complaint resulted in the Under Secretary writing to the Chairman on behalf of the Minister and, in effect, expressing the Minister’s serious objection to comments from the bench of a particular kind and requesting that magistrates be instructed by the Chairman to exercise restraint when speaking from the bench.

IV. LICENSING MAGISTRATES AND OTHERS

2.37 In paragraph 2.16 and elsewhere in this Chapter, we have made reference to stipendiary magistrates who also hold offices such as those of coroner. chief industrial magistrate, licensing magistrate, special magistrate (children’s courts), chief mining warden and fair rents magistrate. Special legislative provisions apply to some of these offices. Licensing magistrates, for example, are appointed under section 8 of the Liquor Act, 1982. Section 8(4) expressly provides that the Public Service Act, 1979, does not apply to their appointments or during their term in office as licensing magistrates. Licensing magistrates hold office for such period, not exceeding 7 years, as are specified in the instruments of their appointment, but are eligible for re- appointment Few special provisions of this kind are considered in this Interim Report They will however, be considered in our final Report.

FOOTNOTES

1. See, generally, Sir William Holdsworth, A History of English Law, vol. 1, (ed. Goodhart and Hanbury, 7th ed 1966), pp. 288-298, and R. Burns, Justice of the Peace and Parish Officer, vol. 5, (J.B. Maule, 30th ed, 1869) p.335.

2. See, generally, “Early Days in New South Wales” (issued by T.W. Haines, Under Secretary of Justice, and compiled by R.M. Mathison, Magistrates Courts Administration Sydney, September 1982), and A.L. Barnett “Courts of Petty Sessions 1832-1982” (Department of the Attorney General and of Justice, Sydney, 1982).

3. Parts II and III of this Chapter are based in part on the materials referred to in note 2 above and. in part on information supplied both orally and in writing by officers of Magistrates Courts Administration. We thank them for their assistance. In particular, we thank the Director of Magistrates Courts Administration, Mr. Ian Pike, whose co-operation with us has always been willing and able.

4. Courts of Petty Sessions (Civil Claims) Amendment Act 1982, Schedule 1: Courts of Petty Sessions (Civil Claims) Amendment Act, 1980, Schedule 2.

5. Crimes (Amendment) Act, 1983, No.10, Schedules 1 and 5.

6. Figures supplied by Mr. C.R. Briese, C.S.M., which, in due course, will be published officially.

7. Submission No. 17, pp.8-9.