Administration of the Judiciary Act

The object of the Act is to operationalise Chapter Eight of the Constitution relating to the Judiciary and to establish and strengthen institutions and processes for efficient, independent courts, judicial administration, training, and retirement benefits for judicial officers.

Defines terms used in the Act, including definitions for “Commission”, “Council”, “currency point”, “Institute”, “judicial officer”, “Judiciary Service”, “lower bench”, “Minister”, “staff of the Judiciary”, and “superior courts”.

The Chief Justice may, under Article 133, assign higher-status administrative duties to a judicial officer for a specified period, establish performance and evaluation systems for the Judiciary, and take other actions appropriate to the powers under Article 133 of the Constitution.

Establishes a Judiciary Council, lists its members, makes the Chief Justice the chairperson, requires meetings at least once every three months, allows invitations to attend, charges the Council with determining its procedures, and makes the Chief Registrar the secretary.

The Council must advise the Chief Justice on policies, ethics, financing, personnel and welfare, administration of justice, monitoring and other matters relating to the Judiciary.

The Chief Justice must establish committees within the Judiciary, determine their composition and procedures in consultation with the Council, and committee members must hold office on terms set by the Chief Justice on the Council's recommendation.

Specifies responsibilities for named Judiciary committees and gives the Chief Justice authority to determine functions of other committees on the Council's advice.

The Inspectorate must carry out its mandate through activities including ad hoc inspections, scheduled inspections, extended or comprehensive inspections, special inspections, surveys, and investigations.

The Inspectorate, in exercising its functions, may access court and official records, require information or answers about cases or trials, and compel attendance or documents needed to perform its functions.

The Inspectorate must have a Registrar and required Deputy Registrars and administrative staff as determined by the Chief Justice; the Registrar shall head the secretariat of the Inspectorate.

Establishes an Inspectorate of Courts headed by a Chief Inspector (designated by the Chief Justice), who serves for a renewable three-year term and reports to the Chief Justice.

The Inspectorate must receive and process complaints, investigate maladministration, take custody of records for investigations, recommend remedial action during inspections, engage and sensitise stakeholders and the public, enforce judicial and public service codes of conduct, observe equity and impartiality when performing its functions, and the Chief Inspector must produce quarterly inspection reports.

Establishes a Judiciary Service and requires the Judicial Service Commission to appoint all judiciary staff except those appointed by the President.

The Judiciary Service must be guided by the Constitution, uphold and be bound by the Judicial Code of Conduct and other applicable professional codes, and promote honesty, integrity and transparency.

The Chief Registrar has a range of specified responsibilities for judicial administration and must report to the Chief Justice; appointment requires eligibility as a High Court judge.

Creates a Registrar who is responsible for the registries at the Supreme Court, the Court of Appeal and the High Court, planning, research and development, human resource development and training, and other matters assigned by the Chief Justice or Chief Registrar.

There is a Secretary to the Judiciary, appointed by the President under Article 174, who is responsible for administration of the Judiciary (including organisation, advising the Chief Justice on administrative business, implementing government policies and the Judiciary Strategic Plan, and—subject to Article 164—the expenditure of public funds) and is answerable to Parliament.

The funds of the Judiciary include money appropriated by Parliament, grants or donations approved by the Minister responsible for finance, and other moneys received by the Judiciary in the exercise of its functions.

Moneys that Parliament approves to meet judicial expenses or to carry out this Act must be charged directly on the Consolidated Fund.

There shall be a Judiciary Fund.

The Judiciary must open and maintain bank accounts with the approval of the Accountant General and must pay into them all money received for the purposes of the Judiciary or this Act.

The Judiciary's financial year runs from 1 July to 30 June of the following year.

The Judiciary must keep proper books of accounts and records; the accounts must be audited by the Auditor General in accordance with the National Audit Act.

The Chief Justice must establish a Performance Management System within the Judiciary.

Establishes a Judicial Training Institute; the Institute must provide specialised and continuous education to the Judiciary Service; it may provide training to others approved by the Director; the Chief Justice shall designate a Judge as Director.

Judicial officers or Judiciary staff appointed or seconded to institutions outside the Judiciary must apply to the Judicial Service Commission for leave of absence (without pay when appointed); the Judicial Service Commission may grant leave for periods not exceeding three years, and officers appointed under certain subsection are entitled to leave without pay for the duration; acting appointments may be made by the President but acting appointees are not entitled to retirement benefits. This section does not apply to assignments up to two years.

This Part applies to specified judicial officers who retire after the Act's commencement and to certain retired judicial officers who retired before commencement and are receiving a pension on commencement.

On retirement from office, the Chief Justice and Deputy Chief Justice are to be granted the retirement benefits set out for their offices in Schedule 2 to this Act.

If a person dies while holding the office of Chief Justice, Deputy Chief Justice, Principal Judge or Justice of the Supreme Court, the funeral must be conducted in accordance with Schedule 3 to this Act.

Justices of the Supreme Court and the Court of Appeal are entitled to the retirement benefits set out in Schedule 4 when they retire from office.

On retirement, the Principal Judge and a Judge of the High Court are entitled to the retirement benefits set out in Schedule 5 to this Act.

A judicial officer (excluding the Chief Justice, Deputy Chief Justice, Justices of the Supreme Court and Court of Appeal, Principal Judge and Judges of the High Court) who retires shall receive the benefits set out in Schedule 6 to this Act.

A judicial officer is entitled to retirement benefits under this Part in specified circumstances including retirement from the Judiciary Service, retirement on medical grounds (with medical evidence to the satisfaction of the Judicial Service Commission on advice of the medical board), with presidential consent for certain senior officers on advice of the Judicial Service Commission, or for magistrates with written consent of the Judicial Service Commission.

A judicial officer who leaves or is removed from the Judiciary Service in the listed circumstances shall not be entitled to retirement benefits under this Act.

Surviving spouse(s) and dependent children of a judicial officer who dies in service are entitled to a one‑off lump sum and to monthly retirement payments for fifteen years; surviving dependants of a retired judicial officer who dies during retirement are entitled to monthly payments for the unexpired portion of that fifteen‑year period.

Retirement benefits under this Part are charged on the Consolidated Fund; benefits payable to a judicial officer under this Part are exempt from tax.

Judicial officers covered by this Part are exempt from the Pensions Act; those who were receiving a pension when this Act commences must stop receiving that pension and instead receive retirement benefits under this Part.

The Chief Justice must publish an annual performance report about all Judiciary activities for the financial year and must distribute copies to the President, the Speaker, and other stakeholders.

The Minister may, by statutory instrument after consultation with the Chief Justice, make regulations to carry the provisions of this Act into effect.

The Minister may amend Schedule 1 to this Act by statutory instrument with the approval of Cabinet.