CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 508 President
CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 508
President(1) There continues to be an office of President of the Children's Court.
S. 508(2) amended by No. 5/2013 s. 51.
(2) The President must be a judge of the County Court (other than a reserve judge) who is appointed by the Governor in Council on the recommendation of the Attorney-General made after consultation with the Chief Judge.
(3) Subject to this Act, the President holds office—
(a) for the term (not exceeding 5 years) that is specified in his or her instrument of appointment, and is eligible for re‑appointment; and
(b) on any other terms and conditions that are specified in his or her instrument of appointment.
(4) The appointment of a judge of the County Court as President does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge.
(5) Nothing in subsection (4) limits the power of the Governor in Council to specify in the instrument of appointment of the President terms and conditions of appointment (other than as to salary or allowances), whether or not inconsistent with rights or privileges that he or she has as a judge.
(6) Service in the office of President must be taken for all purposes to be service in the office of judge of the County Court.
(7) Nothing in this Act prevents a judge of the County Court appointed as President from constituting the County Court for the purpose of the exercise by the County Court of any of its functions.
(8) The President may exercise any power conferred on a magistrate by or under this or any other Act.
(9) The Public Administration Act 2004 does not apply to the President in respect of the office of President.
(10) The office of President becomes vacant if he or she ceases to hold the office of judge of the County Court.
S. 508(11) inserted by No. 63/2013 s. 53.
(11) At the end of a term of office of the President, the person who was President may exercise the same power conferred on a magistrate by or under this or any other Act for 6 months immediately after the completion of that term of office, if the person continues to be a judge within the meaning of the County Court Act 1958 .