It seems that news of the closure of the Federal Magistrates Court might be premature. From recent media reports, some federal magistrates are unhappy about plans to integrate their court into the Family and Federal Courts. Given their tenured positions, it would appear that if they refuse to join another court it would be constitutionally …
Day: May 31, 2009
Diversion, disclosure and discretion
The Magistrates' Court Act 1989 s 128A provides a statutory power for summary courts to adjourn criminal charges for a diversion hearing.128A. Adjournment to undertake diversion program(1) This section does not apply to-(a) an offence punishable by a minimum or fixed sentence or penalty, including cancellation or suspension of a licence or permit to drive …