DISTRICT COURT ACT 1991 - SECT 11A
DISTRICT COURT ACT 1991 - SECT 11A
11A—Appointment of Chief Judge
(1) The Chief Judge
is—
(a) a
Judge of the Supreme Court assigned by the Governor, by proclamation, to be
the Chief Judge; or
(b) a
legal practitioner of at least 10 years standing or a
District Court Judge appointed by the Governor as the Chief Judge.
(2) Before the
Governor assigns a Judge of the Supreme Court to be the Chief Judge, the
Attorney-General must consult with the Chief Justice of the Supreme Court
about the proposed assignment.
(3) A Judge of the
Supreme Court assigned to be the Chief Judge ceases to be the Chief Judge if
the person ceases to be a Judge of the Supreme Court.
(4) The remuneration
and conditions of service of a Judge of the Supreme Court assigned to be the
Chief Judge will be the same as if he or she had not been so assigned and his
or her service as the Chief Judge will be regarded as if it were service as a
Judge of the Supreme Court.
(5) A person appointed
as Chief Judge under subsection (1)(b) will be taken to have been
appointed as a Judge of the District Court (if he or she is not already a
Judge of the District Court) and as a Judge of the Supreme Court of South
Australia.
(6) The Chief Judge
may not perform the duties, or exercise the powers, of a Judge of the Supreme
Court unless the Chief Justice of the Supreme Court, with the consent of the
Chief Judge, assigns the Chief Judge to perform the duties and exercise the
powers of a Judge of the Supreme Court for a period determined by the Chief
Justice.
(7) The Chief Judge
must, as soon as is reasonably practicable after consenting to an assignment
under subsection (6), notify the Attorney-General that he or she has so
consented and the Attorney-General must, as soon as is reasonably practicable
after receiving such notification, publish in the Gazette a notice setting
out—
(a) the
fact that the Chief Judge has consented to an assignment under
subsection (6); and
(b) the
period of the assignment.
(8) The office of
Judge of the Supreme Court is the primary judicial office of the Chief Judge
and—
(a) the
remuneration and conditions of service of the Chief Judge will be the same as
if he or she held a single appointment as a Judge of the Supreme Court; and
(b)
service as the Chief Judge will be regarded as if it were service as a Judge
of the Supreme Court.
(9) Subject to
subsection (10), the retirement, resignation or removal from office of a
person appointed as the Chief Judge under subsection (1)(b) is governed
by the law applicable to the retirement, resignation or removal from office of
a Judge of the Supreme Court and the Chief Judge will, until retirement,
resignation or removal from office (or earlier death), continue to hold both
of those appointments.
(10) A person
appointed as the Chief Judge under subsection (1)(b)—
(a) may
not, except with the approval of the Governor, resign from the office of the
Chief Judge and the office of Judge of the District Court, without also
resigning from the office of Judge of the Supreme Court; but
(b) may
resign from the office of the Chief Judge and the office of Judge of the
Supreme Court without simultaneously resigning from the office of Judge of the
District Court,
and a resignation under paragraph (a) or (b) will not give rise to any
right to pension, retirement leave or other similar benefit.
(11) The Governor may,
by proclamation, made at the request or with the consent of a Judge of the
Supreme Court assigned to be the Chief Judge under subsection (1)(a),
revoke the assignment of that Judge under this section.