(1) The Governor may, by commission under the public seal of the State,
appoint any qualified person to act as a Judge for a time not exceeding 5
years to be specified in the commission.
(2) In subsection (1),
"qualified person" means a person qualified for appointment as a Judge.
(3)
The person so appointed, for the time and subject to the conditions or
limitations specified in the person's commission, shall have the powers and
authorities and fulfil the duties of the Judge and shall, for the purposes of
this or any other Act (other than the Statutory and Other Offices
Remuneration Act 1975 ), be deemed to be a Judge.
(3A) The person so
appointed may, despite the expiration of the period of the person's
appointment, complete or otherwise continue to deal with any matters relating
to proceedings that have been heard, or partly heard, by the person before the
expiration of that period.
(3AA) While a person completes or otherwise
continues under subsection (3A) to deal with any matters relating to
proceedings that have been heard or partly heard by the person before the
expiration of the person's appointment, the person has all the entitlements
and functions of a Judge (subject to the conditions and limitations specified
in the person's commission) and, for the purposes of those proceedings, is
taken to continue to be a Judge.
(3C) The remuneration payable to a person appointed
under this section is to be paid--
(a) so long as the person continues to hold
office, or
(b) until the person has completed or otherwise dealt with matters
(as referred to in subsection (3A)),
whichever is the later.
(4) A retired
Judge of the Court or of another court in New South Wales (including a retired
judicial member of the Industrial Commission or the Industrial Relations
Commission) may be so appointed even though the retired Judge has reached the
mandatory judicial retirement age (or will have reached that age before the
appointment expires), but may not be so appointed for any period that extends
beyond the day on which he or she reaches the age of 78 years.
(4A) A person
who is or has been a judge of the Federal Court of Australia or Federal
Circuit and Family Court of Australia (Division 1) or of the Supreme Court,
District Court or County Court of another State or Territory may be so
appointed even though that person has reached the
mandatory judicial retirement age (or will have reached that age before the
appointment expires), but may not be so appointed for any period that extends
beyond the day on which he or she reaches the age of 78 years.
(4B) A person
who is or has been an associate Judge of the Supreme Court of New South Wales
may be so appointed even though that person has reached the
mandatory judicial retirement age (or will have reached that age before the
appointment expires), but may not be so appointed for any period that extends
beyond the day on which he or she reaches the age of 78 years.
(5) The
conditions or limitations specified in a commission under this section may
exclude the whole or any part of the period of appointment from being regarded
as prior judicial service (within the meaning of section 8 of the
Judges' Pensions Act 1953 ) by the person.
(6) A person appointed under this
section may be appointed under the title of Acting Judge or Associate Judge.
