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Careers for Judicial and Other Statutory Officers
The information on this page relates to the appointment of permanent judicial officers, as well as the appointment of other statutory officers in NSW.
Information about the appointment of acting judicial officers is available in the Guidelines for appointment of acting judicial officers [MS Word doc, 57kb].
Judicial Appointments
The Governor-in-Council appoints judicial officers on the recommendation of the Attorney General.
Vacancies for judges of the District Court and Local Court magistrates are advertised.
The appointment of judges to the higher courts and the appointment of heads of jurisdiction continue to be made traditionally following consultation with the head of jurisdiction and relevant legal professional bodies. (The head of jurisdiction is the most senior judicial officer of each court, that is, the Chief Justice of the Supreme Court, President of the Industrial Relations Commission, the Chief Judge of the Land and Environment Court, Chief Judge of the District Court and the Chief Magistrate).
Guidelines for the appointment of acting judicial officers [MS Word doc, 57kb].
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Terms and Conditions of Office
Section 44 of the Judicial Officers Act 1986 provides that judicial officers and magistrates must retire on reaching the age of 72 years.
The Statutory and Other Officers Remuneration Tribunal (SOORT) is an independent body established by the Statutory and Other Offices Remuneration Act 1975 to make binding determinations on the remuneration and/or additional entitlements payable to judges, magistrates and related office holders.
The Judges’ Pensions Act 1953 makes provision for pensions for judges.
Magistrates are covered by State Government superannuation schemes or private sector complying superannuation funds.
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Selection Criteria
The Attorney General has approved a list of personal and professional criteria, which will be considered in selecting candidates for every judicial office in New South Wales.
The statutory requirements for qualification for office are set out in the relevant legislation establishing the court:
Overriding Principle
Appointments will be made on the basis of merit. Subject to this principle, including the relevant considerations listed below, there is a commitment to actively promoting diversity in the judiciary. Consideration will be given to all legal experience, including that outside mainstream legal practice.
Professional qualities
- Proficiency in the law and its underlying principles
- High level of professional expertise and ability in the area(s) of professional specialisation
- Applied experience (through the practice of law or other branches of legal practice)
- Intellectual and analytical ability
- Ability to discharge duties promptly
- Capacity to work under pressure
- Effective oral, written and interpersonal communication skills with peers and members of the public
- Ability to clearly explain procedure and decisions to all parties
- Effective management of workload
- Ability to maintain authority and inspire respect
- Willingness to participate in ongoing judicial education
- Ability to use, or willingness to learn modern information technology
Personal qualities
- Integrity
- Independence and impartiality
- Good character
- Common sense and good judgement
- Courtesy and patience
- Social awareness
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Advertised Positions
Where a vacancy for judicial office occurs, advertisements are placed in local and national newspapers and on the Attorney General’s Lawlink website calling for expressions of interest (EOI). The Law Society of NSW and NSW Bar Association are also notified of the vacancy.
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The Selection Process
A panel, comprising the relevant head of the jurisdiction, the Director General of the Attorney General’s Department, a leading member of the legal profession and a prominent community member, is convened from time to time to review EOIs against the selection criteria.
The panel develops a short list of candidates for interview. Following interviews candidates are assessed as being highly suitable, suitable or unsuitable for judicial office - candidates are not otherwise ranked within these categories. A report is then provided to the Attorney General.
Given the high level of interest in appointment to judicial office and the occurrence of vacancies throughout the year, the panel may reconvene to conduct fresh interviews to assist in expanding the pool of applicants identified as being most suitable for judicial office.
The above process supplements the traditional selection process. The Attorney General may propose a nominee for appointment where this is felt necessary in appropriate cases.
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Expressions of Interest
EOIs provide a pool of candidates from which a list of suitable candidates for judicial office may be drawn. The Attorney General may draw upon this list as vacancies arise.
While EOIs are usually submitted in response to an advertised position, interested persons may submit an EOI at any time in relation to possible future vacancies for District Court judges and Local Court magistrates. All EOIs are treated as confidential. Consultation with referees and stakeholders will still take place regarding persons being considered for appointment.
The list of EOIs will remain active until the next advertisement calling for fresh EOIs. Generally, the period between advertisements is twelve to eighteen months.
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Nominations
Eligible persons may also be nominated for appointment to the Magistracy and to other vacancies for judicial office. Persons interested in nominating another person for appointment should lodge a submission, which includes the following details:
- the nominator’s full name, address and contact number
- the capacity in which the nominator knows the nominee
- the nominee’s full name, address, contact numbers, date of birth and nationality
- the nominee’s present position and date of admission to practice
- information about the nominee’s personal and professional qualities, so as to show that the nominee possesses the requisite qualities for appointment
- a statement that the nominee has agreed to being considered for appointment
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Other Statutory Positions
Other statutory appointments in NSW that are advertised are:
- Commissioners of the Land and Environment Court
- Commissioners of the Industrial Relations Commission
- Judicial and non-judicial members of the Administrative Decisions Tribunal [Administrative Decisions Tribunal Act 1997]
EOIs only may be submitted for these positions and should address the particular requirements set out in the advertisement for these positions. The selection process is the same as that applying to advertised judicial vacancies.
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Lodging Expressions of Interest and Nominations
Guidelines for the appointment of acting judicial officers [MS Word doc, 57kb].
Enquiries regarding the appointments process may be made to the Statutory Appointments Officer on 02 8688 7628.
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