Tuvalu Island Courts Bench Book - Federal Court of Australia

The following people may not be appointed Island Magistrates:
• a member of a Kaupule;
• a member of a Lands Court; or
• a member of the Lands Courts Appeal Panel.
3.4 Removal from Office
The Governor General may remove an Island Magistrate from office:
• in accordance with the advice of the Public Service Commission; and
• subject to the approval of the Chief Justice or his or her representative: s9(2A) Island
Courts Act (Cap 3).
3.5 Jurisdiction
The jurisdiction for Island Courts is provided for in s5 and Schedules 1 and 2 Island Courts Act
(Cap 3).
Territorial extent
Every island of Tuvalu has its own Island Court, excluding Niulakita (which is administered by
Niutao). An Island Court can hear any matter provided it arose on the island, or alternatively one
of the parties is resident on the island.
Criminal
See ss5 and 6 and Schedule 2 Island Courts Act (Cap 3).
Island Courts can only hear and determine summary offences punishable by a maximum
sentence of:
• 6 months imprisonment; or
• a fine of $100; or
• both: s6 Island Courts Act (Cap 3).
Additionally, Island Courts may hear and determine the specific offences listed in Schedule 2,
provided that the sentence passed by the Island Court does not exceed:
• 6 months imprisonment; or
• a fine of $100; or
• both: s6 Island Courts Act (Cap 3).
Tuvalu Island Courts Bench Book June 2004