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SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 17

SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 17

17—Supplementary Deputy Presidents

        (1)         Even though there is no vacancy in an office of Deputy President (and any Deputy President is performing the duties of office), the Attorney-General may, on the request of the President of the Tribunal, temporarily appoint a person to act as a supplementary Deputy President of the Tribunal in relation to a particular matter or matters or for a specified period.

        (2)         The Attorney-General may only appoint—

            (a)         a judge of the District Court; or

            (b)         a person who is eligible to act in a judicial office on an auxiliary basis under section 3(2) of the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 (even though office under this Act is not a judicial office under that Act).

        (3)         The Attorney-General must consult with the Chief Judge before making an appointment under subsection (2)(a).

        (4)         An appointment under this section must be made in writing.

        (5)         The person may act as a Deputy President in relation to a matter, or for the period, for which the person is appointed, and when acting under the appointment the person is to be regarded as a Deputy President of the Tribunal for the purposes of this Act and any relevant Act (and the other provisions of this subdivision apply with any necessary modifications in relation to a person appointed under this section).

        (6)         However, if a person appointed under this section is not a judge of the District Court, the person is, for the period of appointment, entitled to be paid any salary or allowances determined by the Attorney-General after consultation with the President of the Tribunal (with a judge of the District Court being paid any salary or allowances of a Deputy President).

        (7)         A person appointed under this section for a particular period may be appointed to act for a further period by the Attorney-General after consultation with, or at the request of, the President of the Tribunal.

        (8)         The Governor may at any time, on the recommendation of the Attorney-General, cancel the appointment of a person under this section.

        (9)         Before the Governor acts under subsection (8), the Attorney-General must consult with—

            (a)         the President of the Tribunal (unless the Attorney-General is acting at the request of the President); and

            (b)         if the relevant person is a judge of the District Court—the Chief Judge.

Subdivision 4—Magistrates