South Australian Consolidated Acts

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EQUAL OPPORTUNITY ACT 1984 - SECT 18

18—Presiding Officer and Deputy Presiding Officers

        (1)         There will be—

            (a)         a Presiding Officer of the Tribunal; and

            (b)         as many Deputy Presiding Officers of the Tribunal as are necessary for the proper functioning of the Tribunal.

        (2)         The Presiding Officer and Deputy Presiding Officers will be appointed by the Governor.

        (3)         A person is not eligible for appointment as the Presiding Officer unless he or she is—

            (a)         a judge of a court of this State or the Commonwealth; or

            (b)         a magistrate.

        (4)         A person is not eligible for appointment as a Deputy Presiding Officer unless he or she is—

            (a)         a judge of a court of this State or the Commonwealth; or

            (b)         a magistrate; or

            (c)         a legal practitioner of not less than seven years standing.

        (5)         If a judge or magistrate is appointed as the Presiding Officer, or as a Deputy Presiding Officer, the following provisions apply:

            (a)         the appointment will be for a term of office of three years and, on completion of a term of office, the appointee will be eligible for reappointment;

            (b)         the office will become vacant if—

                  (i)         the appointee completes a term of office and is not reappointed; or

                  (ii)         the appointee ceases to be a judge or magistrate; or

                  (iii)         the appointee resigns by notice in writing to the Minister.

        (6)         If a legal practitioner is appointed as a Deputy Presiding Officer, the following provisions apply:

            (a)         the appointment will be for a term of office of three years and, on completion of a term of office, the appointee will be eligible for reappointment;

            (b)         the appointee may be removed from office by the Governor on the ground of—

                  (i)         mental or physical incapacity to carry out official duties satisfactorily; or

                  (ii)         neglect of duty; or

                  (iii)         dishonourable conduct;

            (c)         the office will become vacant if—

                  (i)         the appointee completes a term of office and is not reappointed; or

                  (ii)         the appointee is removed from office; or

                  (iii)         the appointee resigns by notice in writing to the Minister.



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