New South Wales Consolidated Acts

DISTRICT COURT ACT 1973 - SECT 13

13 Appointment and qualifications of Judges

(1) The Governor may, by commission under the public seal of the State, appoint any qualified person as a Judge.

(2) In this section:
"qualified person" means any of the following persons:

(a) a person who is an Australian lawyer of at least 7 years’ standing,

(b) a person who holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory.

(4) The Governor may, by the commission of a person’s appointment as a Judge or by a subsequent commission under the public seal of the State, appoint a Judge to be Chief Judge.

(5) Subject to subsection (6), the Chief Judge shall hold office as Chief Judge so long as he or she holds office as a Judge.

(6) With the approval of the Governor, the Chief Judge may resign his or her office as Chief Judge without resigning his or her office as a Judge.

(7) A Judge shall, while he or she holds office as such, be deemed to have been appointed a justice of the peace.

(8) A person who vacates office as a Judge may, despite vacating his or her office, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before vacating his or her office (including proceedings that were instituted before the commencement of this subsection).

(9) While a person completes or otherwise continues under subsection (8) to deal with any matters relating to proceedings that have been heard or partly heard by the person before vacating office, the person has all the entitlements and functions of a Judge and, for the purpose of those proceedings, is taken to continue to be a Judge.