New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(1) In the case of the absence of the Chief Judge or of the Chief Judge’s inability to exercise the functions of the office of Chief Judge, those functions shall, during the absence or inability, devolve upon the senior Judge unless an appointment has been made under section 11A.
(2) In the case of the absence, or of an inability to exercise the functions of the office of Chief Judge, of a Judge upon whom the functions of the Chief Judge have devolved under subsection (1), the functions of the Chief Judge shall, during the absence or inability, devolve upon the Judge who is next in seniority.
(3) A Judge shall, while exercising the functions of the Chief Judge under subsection (1) or (2), have the same remuneration as the Chief Judge.
(4) The Governor may, by commission under the public seal of the State, appoint any person qualified for appointment as a Judge to act as a Judge for a time not exceeding 12 months to be specified in the commission.
(5) Acting Judges shall, for the time and subject to the conditions or limitations specified in their commissions, have and may exercise the functions of Judges and shall, for the purposes of this or any other Act, be deemed to be Judges.
(5A) 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.
(6) 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 appointed as an acting Judge under subsection (4) even though the retired Judge has reached the age of 72 years (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 75 years.
(7) The conditions or limitations specified in a commission under subsection (4) 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.