(1) If a judge is or will be on leave, or otherwise absent, or is or will be,
for any reason, unable to perform the functions of the office, the Governor in
Council, after consultation between the Minister and the Chief Justice, may,
by commission, appoint a person who is qualified to be appointed as a judge to
act as a judge for the period (not longer than 6 months) stated in the
commission.
(2) If the Chief Justice certifies that it is desirable that 1 or
more persons be appointed to act as a judge to assist in ensuring the orderly
and expeditious exercise of the jurisdiction and powers of the court in the
Trial Division, the Governor in Council may, by commission, appoint 1 or more
persons, who is or are qualified to be appointed as a judge to act as a judge
for the period (not longer than 6 months) stated in the commission or
commissions.
(3) The Governor in Council may, by commission, appoint either
of the following persons to act as a judge for up to 1 year—
(a) a person
who is, or has been, a judge of the Supreme Court of another State or
Territory;
(b) a person who is, or has been, a judge of the Federal Court of
Australia.
(5) The Minister
may recommend a retired Supreme Court judge for appointment under subsection
(4) only after consultation with the Chief Justice.
(6) An appointment under
subsection (4) must not extend beyond the day the retired judge reaches 78
years of age.
(7) A person appointed to act as a judge under this section—
(a) may be appointed more than once; and
(b) has, for the period and subject
to the conditions stated in the judge’s commission, the power and authority
necessary to fulfil the duties of a judge.
(8) Despite subsection (6) , a
retired Supreme Court judge who, before the judge’s commission ends, starts
the hearing of a proceeding remains a judge for the purposes of finishing the
proceeding.
(9) The Governor in Council may decide the remuneration to be
paid and provided in relation to a person, other than a
retired Supreme Court Judge appointed under subsection (1) , (2) or (4) , who
acts as a judge (not being less than the remuneration paid and provided to a
judge).
(10)
The fact that a person who holds a commission to act as a judge sits and
otherwise acts as a judge is sufficient evidence of the person’s authority
to do so.
(11) A person who has acted as a judge may attend sittings of the
court for the purpose of giving judgment in, or otherwise completing, a
proceeding that was heard by the person while the person was acting as a
judge, despite the fact that the person is no longer acting as a judge.