Court Officer
Court Bailiff
Magistrate
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Judges preside over civil and criminal courts of law, and may decide the outcome of some legal cases. Judges are usually appointed by a State or Federal Governor or Attorney-General. To be eligible, you need to have completed a law degree and have been licensed to practise law for a minimum of eight years.

They ensure that courts are run fairly by enforcing the rules of law and evidence. They listen to evidence put forward by lawyers, barristers and solicitors and decide on the kind of evidence that is allowed in a case. They also instruct juries on legal matters, receive the decisions that juries make on legal cases, and make decisions on the outcome of cases. They pass sentence on those convicted of crimes and decide on the outcomes of custody and access disputes. Judges may also sit on tribunals or offer input to programs that seek to improve the court and justice system. They work all over Australia in large and small courts in our cities and larger towns.

Judges and magistrates ensure that legal processes in courts of law are run fairly and according to the rules of law and evidence.

ANZSCO ID: description: 271211 Presides over civil and criminal proceedings in a court of law.

Specialisations: District Court Judge, Family Court Judge, Family Court Justice, Federal Court Judge, High Court Justice, Magistrate, Supreme Court Judge, Youth Court Judge (NZ)

• Associate Judge (Supreme Court): The person who generally carries out the judicial function of hearing and determining issues which arise before and after trial in civil cases. Associate Judges do not hear trials.

• Judge's Associate (Supreme, County and Coroners Courts): Performs various administrative and court duties to assist the judge. These duties may include completing paperwork, liaising with parties, keeping a record of court proceedings, and taking verdicts or findings in coronial hearings.

Knowledge, skills and attributes

A Judge needs:

• a strong moral and ethical code

• research, analytical and interpreting skills - the ability to understand, analyse and use facts quickly and logically

• decision-making ability

• maturity and responsibility

• integrity, honesty and fairness  in all your dealings

• a sense of compassion

• to be able to deal with public scrutiny

• an intimate knowledge of Commonwealth and state law, legal history and court processes

• good oral and written communication skills

• the ability to work under pressure and deal with a variety of people.

• Judges and magistrates must be Australian citizens

(Source: Sydney Criminal Lawyers)

Duties and Tasks

As a Judge or magistrate, you would:

• read documents on pleadings and motions to ascertain facts and issues

• rule on admissibility of evidence and methods of conducting testimony

• monitor proceedings to ensure that all applicable rules and procedures are followed

• preside over hearings and listen to allegations made by plaintiffs to determine whether the evidence supports the charges

• read and research previous cases, other legal decisions and legislation in order to stay up to date with changes and legal precedents - researches statutes and previous court decisions relevant to cases.

• conducts trials and hearings

• hears and evaluates arguments and evidence in civil and criminal summary matters

• decides penalties and sentences within statutory limits, such as fines, bonds and detention, awarding damages in civil matters, and issuing court orders.

• exercises arbitral powers if resolution is not achieved or seems improbable through conciliation

• advises government of legal, constitutional and parliamentary matters and drafts bills and attends committee meetings during consideration of bills

• advises agents on legal and technical matters.

Judges preside over civil and criminal proceedings, and would also:

• instruct juries on applicable laws, direct juries to deduce the facts from the evidence presented, and hear their verdicts

• award compensation for damages to litigants in civil cases in relation to findings by juries or by the court

• write judgments after the case, including detailed descriptions of their reasons.
  
  

Working conditions

Judges work in offices and courtrooms. They usually work regular business hours, but may be required to work longer hours to prepare for court and read case files. The length of cases varies considerably, with civil cases sometimes taking a matter of minutes to resolve, and criminal investigations sometimes taking weeks or even months to resolve. Judges may be required to travel between regional courthouses if they are working in country areas.

All judges and magistrates are employed by local, state, and federal governments. Most work both out of their own offices (called Chambers) and in courts of law.

Jurors chairs

Tools and technologies

Judges refer to legal texts and databases when researching a case. They are required to wear legal gowns in court. They may use a microphone, depending on the size of the courtroom in which they are presiding.


Education and training/entrance requirements

To become a judge you must first complete a degree in law, and then gain significant experience as a solicitor or barrister. To get into degree courses you usually need to gain your senior secondary school certificate or equivalent with English. Students are often advised to undertake a combined degree course that leads to two degrees. The prerequisite subjects required for entry into these combined courses depend on the non-law component of the combined course.

Many universities in Australia offer degrees in law.

To work as a barrister or solicitor in Australia, you must complete Practical Legal Training as specified by the Legal Practice Board in each State in Australia and then apply to the Supreme Court for admission as a lawyer.

To be eligible to be appointed as a Judge by the Governor of each State in Australia, you will need to have practised law for a minimum of eight years. However, most judges have significantly more than eight years of experience working in the judicial system before they are appointed.

Employment Opportunities

Employment of judges and magistrates is projected to show little or no change.

Nearly every new position for a judge must be authorised and approved under State or Commonwealth legislation. New judges are usually only appointed when others retire or resign.

Magistrates are lawyers who have worked for at least five years. Magistrates preside over criminal matters, determine whether defendants will be committed for trial, and can make judgments on criminal offences without a jury. A magistrate hears evidence and decides whether a person is guilty or not guilty to an offence as charged. A magistrate imposes a penalty on those who are either found guilty or plead guilty to offences. The magistrate's role in court is to ensure that justice is administered fairly and impartially.
  
Magistrates are usually appointed by a State or Federal Governor or Attorney-General. To be eligible, you need to have completed a law degree and have been licensed to practise law for a minimum of
eight years. Magistrates hear criminal matters to determine whether defendants will be committed for trial, and adjudicate minor criminal offences without a jury.

The person who hears cases and makes decisions in the Magistrates' Court and Children's Court. They decide what happens to a case, whether a case will have to go to another court or be put off until
another day, whether the defendant is guilty or not guilty, and any penalty that will be given to the defendant. Some coroners are also magistrates.

ANZSCO ID: 271212

Alternative names: Chamber Magistrate

Specialisations: Children's Court Magistrate, Industrial Court Magistrate, Licensing Court Magistrate

Knowledge, skills and attributes  

• Good Character: to have personal integrity and enjoy the respect and trust of others.
• Understanding and communication: to be able to understand documents, identify relevant facts, follow evidence and communicate effectively.
• Social Awareness: to appreciate and accept the rule of law
• Maturity and Sound Temperament: to have an awareness and understanding of people and a sense of fairness
• Sound Judgement: to be able to think logically, weight arguments and reach a sound decision.
• Commitment and Reliability: to be committed to service the community, willing to undergo training and to be in sufficiently good health to undertake duties on a regular basis. 

        
(Source: YourCareer)

Duties and Tasks

• Hears and evaluates arguments and evidence in civil and criminal summary matters.

• Decides penalties and sentences within statutory limits, such as fines, bonds and detention, awards damages in civil matters, and issues court orders.

Working conditions

Magistrates usually dress in business clothing but some now choose to wear a black robe without a wig. When you speak to a magistrate or coroner, you should address them as 'Your Honour'.

 

Education and training/entrance requirements

To become a magistrate you must first complete a degree in law, and then gain significant experience as a solicitor or barrister. To get into degree courses you usually need to gain your senior secondary school certificate or equivalent with English. Students are often advised to undertake a combined degree course that leads to two degrees. The prerequisite subjects required for entry into these combined courses depend on the non-law component of the combined course.

Many universities in Australia offer degrees in law.

The Magistrate's Court "Most courts in Australia have a similar layout. The picture below shows the layout of a Magistrate’s Court in South Australia. Around 90% of all court cases begin and end in a Magistrate’s Court. It is a busy court. Apart from differences in size and decor, higher courts such as the District Court and Supreme Court hearing criminal cases have a space for a jury. In many higher courts, there is a physical separation between those facing the gallery, those presenting information in court (the Bar Table is where those presenting information or evidence to the court sit and stand) and the Bench where the Magistrate sits. The space between these is often called the ‘well’ and tradition has it that nothing should pass through that space when court is in session except the truth." (Source: Courts SA)

 

Court officers support the smooth and efficient running of the courts. Court officers are required to liaise between the magistracy, legal practitioners and members of the public.

ANZSCO ID: 599211
  
Alternative names:  Clerical Officer (Local Courts), Court Attendant, Court Orderly, Clerk of Court, Legal Support Officer,
   
Specialisations:

• Bailiff - attends to the needs of the jury throughout a trial and 'swears in' the jurors and witnesses during court proceedings. They may also serve writs, summonses and other court orders.
    
• Clerk of Court - prepares documentation of court proceedings, actions and decisions; attends court sessions; and assists judges and magistrates.
    
• Court Registrar - prepares the daily court list, maintains court records and handles the accounting and distribution of money paid to the court.
    
• Court Usher
    
• Sheriff - is responsible for providing court security and support services, managing the jury system and serving the orders issued by courts and tribunals. They also undertake administrative tasks, such as processing people appearing before the courts for trial or sentencing.

Knowledge, skills and attributes

• high level of maturity
• good character
• able to communicate with a range of people
• an understanding of confidentiality requirements
• aptitude for clerical duties
• feel comfortable in a legal environment
• able to exercise a high level of responsibility

(Source: Seek)

Duties and Tasks

Court officers may perform the following tasks:

• list actions for hearing and processing documentation for court actions
• announce the beginning and end of court sessions
• call on witnesses and administer the prescribed oath to jurors and witnesses
• administer the jury roster and post court lists on notice boards
• keep records of court processes served - documenting details of court proceedings, actions and decisions
• enforce court decisions by executing court orders, and serving legal orders and documents such as summonses, subpoenas or eviction notices
• maintain the orderly conduct of court and hearing rooms and adjacent areas
• attend to judges or magistrates, escorting them from chambers to the courtroom
• record and protect exhibits tendered in court and pass them to participants during the hearing
• maintain security, care and control of jury panels
• liaise with the judiciary, police department, social workers and legal professionals, and advise the public on legal procedures and practices
• assist Solicitors in areas of conveyancing, contracts, common law, probate and other legal practice matters
• run the court registries and maintain the court files
• satisfy statutory requirements, establishing beneficial entitlements and distributing assets
• maintain probate and trust files, investing trust funds and administering accounts
• open and close court and hearing room proceedings
• deal with court or room allocations
• organise furniture for court and hearing rooms
• allocate rooms for use by legal practitioners
• prepare audiovisual equipment for court and hearing rooms
• escort prisoners to and from courtrooms
• summon potential jurors to court

 

Working conditions
   
In a full-time job you would work standard hours, Monday to Friday. Part-time work is often available. You would divide your time between working in an office and being in the courtroom.


Education and training/entrance requirements

You can work as a court officer without formal qualifications. You will probably get some informal training on the job. The courts prefer you to gain your HSC/ACT Year 12. Entry to this occupation may be improved if you have qualifications.

You may like to consider a VOC qualification in legal services, legal practice or justice. As subjects and prerequisites can vary between institutions, you should contact your chosen institution for further information. You may be able to study through distance education.

The majority of court officers now have a bachelor’s degree. You can become a court officer by studying justice, criminology or legal studies at university. To get into these courses you usually need to gain your HSC/ACT Year 12 with English. A number of universities in Australia offer degrees in these areas. Universities have different prerequisites and some have flexible entry requirements or offer external study. To get into these courses you usually need to gain your senior secondary school certificate or equivalent with English.

Court officers are State or Territory public servants. Specialised training is given on the job.

To work as a court officer in the courts of NSW and the ACT you must be a state or territory public servant.

Employment Opportunities
   
Most court officers work in the metropolitan area, although there are some positions in country areas. Court officers are employed by state, territory and federal governments in courts such as the Federal Court, Supreme Court, Family Law Courts, Magistrates Courts, and district and local courts, as well as some tribunals. Employment for court officers is expected to grow moderately.

The running of courts is funded by governments, and running costs need to be maintained at budgeted levels. As such, the number of roles for court officers is determined somewhat by budgetary constraints.

Experienced court officers may find opportunities for advancement in administration and management within the court systems, as well as in the state or territory and Australian public services. There are opportunities for temporary and casual work in this field.

 

Court Bailiffs or Sheriffs implement court orders and serve legal orders and summonses as an officer of the court. A bailiff attends to the needs of the jury throughout a trial and 'swears in' the jurors and witnesses during court proceedings. Bailiffs are contracted by the courts to serve legal orders and documents, as well as to seize or repossess property as determined by official court orders. Bailiffs may work outdoors when travelling to serve summonses or execute warrants.

ANZSCO ID: 599212

Alternative names: Sheriff, Bailiff,

Specialisations: Sheriff's Officer

Knowledge, skills and attributes   

To become a bailiff, you would need:

• an assertive and confident manner

• the ability to deal with people from all backgrounds

• tact, diplomacy and good negotiation skills

• the ability to keep calm under pressure, as people may become distressed or aggressive

• good judgement

• skills in interpreting and applying legislation.        

(Source: Balance Careers)

 

Duties and Tasks

• Enforces the law as an officer of the court by executing court orders such as eviction notices.

• Serves court papers, legal orders and documents such as summonses and subpoenas.

• swearing in juries and witnesses during court proceedings

• taking away goods and repossessing property according to court orders

• executing court orders such as eviction notices

• keeping records of court orders that have been served.

At all times you would have to follow strict laws and guidelines on what you’re legally allowed to do.

  

Working conditions

You would work around 37 to 40 hours a week in a full-time job. You must be flexible and able to cover early mornings, evenings and weekends. Part-time work is possible. You would often work on your own and sometimes as part of a small team. Most bailiffs work in metropolitan areas, although there are some positions in country areas. Bailiffs can work on a part-time or casual basis.

You may require a valid drivers' licence and use of a car for work. The job may involve lifting and carrying goods.

Education and training/entrance requirements

You can work as a bailiff without formal qualifications, but the courts prefer you to gain your senior secondary school certificate or equivalent. You would receive on-the-job training. Your employment prospects may be improved if you have qualifications. You may like to consider a VET qualification in government (court compliance, court operations, security), justice, law enforcement or another related field may be useful.

You can also become a bailiff by completing a degree in justice, criminology or legal studies. To get into these courses you usually need to gain your senior secondary school certificate or equivalent with English.

Experience in debt collection, policing, private investigative work or finance may also improve entry to this occupation.

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Material sourced from
Court Services Victoria;
Courts SA;
Open Colleges [Legal Support Officer; ]
WebArchive Only - Careers Online [Court Officer; ]
Web Archive Only - CareerHQ [Judge or Magistrate; Court Officer; ]
Your Career [Judge; Clerks of Court; Magistrate; Court Bailiff and Sheriff; ]

 

 

 

 

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