New South Wales Consolidated Acts

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JUDICIAL OFFICERS ACT 1986 - SECT 43A

Judicial office not affected by appointment to act in another judicial office

43A Judicial office not affected by appointment to act in another judicial office

(1) The doctrine of incompatibility of office does not operate to prevent the holder of a judicial office (the "original office") from being appointed to act in another judicial office, and does not operate to effect or require the surrender or vacation of the original office as a result of such an appointment.
(2) This section applies:
(a) whether or not an appeal lies from a decision of the court of the original office to the court of the acting appointment, and
(b) whether or not the court of the acting appointment is a court of higher status than the court of the original office, and
(c) even if the original office is an acting judicial office.
(3) In this section:
"court" includes tribunal.
"judicial office" is not limited by the definition of "judicial officer" in this Act.



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