COUNTY COURT ACT 1958 - SECT 12H Power to complete matters—judges and reserve judges
COUNTY COURT ACT 1958 - SECT 12H
Power to complete matters—judges and reserve judges(1) This section applies to—
(a) a judge whose commission under section 14 ceases under section 14(1)(a), (b) or (c);
(b) a reserve judge engaged under section 12B whose engagement expires;
(c) a reserve judge engaged under section 12B—
(i) whose engagement expires; and
(ii) whose appointment as a reserve judge ceases, other than by way of resignation—
but only if at the time of that cessation or expiry the judge or reserve judge had a matter—
(d) that was part-heard before him or her; or
(e) in respect of which his or her decision or determination is pending.
(2) Subject to subsection (4), a former judge, reserve judge or former reserve judge to whom this section applies may give judgment, make any order or complete or otherwise continue to deal with any matters relating to any proceeding that the former judge, reserve judge or former reserve judge (as the case may be) had heard, or partly heard, before the cessation of his or her commission or appointment or expiry of his or her engagement.
(3) For the purposes of subsection (2)—
(a) a reserve judge to whom this section applies whose engagement has expired is taken to be engaged under section 12B; and
(b) a former judge or former reserve judge to whom this section applies—
(i) holds office as a reserve judge by virtue of this section as if he or she had been appointed under section 12; and
(ii) is taken to be a reserve judge engaged under section 12B; and
(c) section 12F does not apply and that person is not entitled to remuneration and entitlements under that section for the period during which he or she is acting in accordance with subsection (2) after the cessation of his or her commission or appointment or the expiry of his or her engagement, as the case requires; and
(d) the person may continue to serve as a reserve judge for the purposes of subsection (2) despite having attained the age of 78 years.
(4) Subject to subsection (5), any appointment or engagement of a person under this section ceases on the earlier of—
(a) the completion of the matters referred to in subsection (2); or
(b) 6 months from the date of that appointment or engagement; or
(c) the person being appointed under section 12 as a reserve judge.
(5) A person to whom this section applies may resign his or her office as reserve judge under this section by notice in writing to the Governor.
(6) Nothing in this section prevents a person being appointed as a reserve judge under section 12 at any time, if he or she is eligible to be so appointed.
(7) Nothing in this section affects the operation of section 15 or of section 91(8) or 101A of the Coroners Act 2008 .
(8) In this section a reference to "proceeding" includes—
(a) any proceeding or other matter in the Children's Court under the Children, Youth and Families Act 2005 ; and
(b) any investigation or inquiry under the Coroners Act 2008 .
No. 6117 s. 13.
S. 13 amended by No. 43/1991 s. 41(1)(a).