New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 37

37 Acting Judges

(1) The Governor may, by commission under the public seal of the State, appoint any qualified person to act as a Judge, or as a Judge and a Judge of Appeal, for a time not exceeding 12 months to be specified in such commission.

(2) In subsection (1) "qualified person" means any of the following persons:

(a) a person qualified for appointment as a Judge of the Supreme Court of New South Wales,

(b) a person who is or has been a judge of the Federal Court of Australia,

(c) a person who is or has been a judge of the Supreme Court of another State or Territory.

(3) A person appointed under this section shall, for the time and subject to the conditions or limitations specified in the person’s commission, have all the powers, authorities, privileges and immunities and fulfil all the duties of a Judge and (if appointed to act as such) a Judge of Appeal.

(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.

(3B) The person so appointed is entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 . The remuneration payable to an acting Judge is to be paid to the acting Judge so long as his or her commission continues in force.

(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 of the Industrial Relations Commission) may be so appointed if:

(a) in the case of a Judge who retired as a Judge on reaching the age of 72 years, the appointment does not extend beyond the day on which he or she reaches the age of 77 years, or

(b) in the case of a Judge who retired as a Judge before reaching the age of 72 years, the appointment does not extend beyond the day on which he or she reaches the age of 75 years.

(4A) A retired Judge of the Federal Court of Australia or of the Supreme Court of another State or Territory may be so appointed if:

(a) in the case of a Judge who retired as a Judge on reaching the age of 70 years, the appointment does not extend beyond the day on which he or she reaches the age of 77 years, or

(b) in the case of a Judge who retired as a Judge before reaching the age of 70 years, the appointment does not extend beyond the day on which he or she reaches the age of 75 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) The provisions of section 36 (4) and (5) apply to an acting Judge who acts as a Judge of Appeal in the same way as they apply to a Judge who acts as an additional Judge of Appeal.