Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 8

Appointment of Acting Chief Magistrate

8. Appointment of Acting Chief Magistrate



(1) The Governor in Council may appoint one of the magistrates to be Acting
Chief Magistrate during any period when the Chief Magistrate is absent on
leave or for any reason is temporarily unable to perform the duties of the
office of Chief Magistrate.

(1A) If there is-

   (a)  a vacancy in the office of the Chief Magistrate; or

   (b)  a period when the Chief Magistrate is absent on leave or for any
        reason is temporarily unable to perform the duties of the office of
        Chief Magistrate and the Governor in Council has not made an
        appointment under subsection (1)-

the senior of the Deputy Chief Magistrates willing to act as Chief Magistrate
shall act as Chief Magistrate.

(1B) If the appointment of Deputy Chief Magistrate of 2 or more Deputy Chief
Magistrates took place on the same date, the Deputy Chief Magistrates have
seniority according to the seniority assigned in the instruments of
appointment, or if there is no such assignment, according to the order of
their taking oath of office.

(2) A magistrate who is appointed as Acting Chief Magistrate or acts as Chief
Magistrate under subsection (1A) has, during the period of the appointment or
the period of acting as Chief Magistrate, the same powers and duties as the
Chief Magistrate.