Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 26

Acting President

26. Acting President



(1) If there is a vacancy in the office of President or the President is
absent or, for any other reason, is unable to perform the duties of office, an
acting President may be appointed in accordance with this section.

(2) The appointment of an acting President may be made by the Minister, for a
term not exceeding 3 months, or by the Governor in Council, for a term not
exceeding 6 months.

(3) Only a Vice President or a judge of the Supreme Court may be appointed to
act as President.

(4) A judge of the Supreme Court may only be appointed to act as President
after the Minister has consulted the Chief Justice.

(5) A person appointed as acting President in accordance with this section-

   (a)  has all the powers and must perform all the duties of the President;
        and

   (b)  if not a judge of the Supreme Court, is entitled to be paid the salary
        and allowances for the time being payable to a judge of the Supreme
        Court (other than the Chief Justice, the President of the Court of
        Appeal or a Judge of Appeal); and

   (c)  may resign the acting appointment by delivering to the Minister or the
        Governor, as the case requires, a signed letter of resignation; and

   (d)  is eligible for re-appointment (however, a person appointed as acting
        President by the Minister may only be re-appointed by the Governor in
        Council).

(6) The Minister or the Governor in Council, as the case requires, may at any
time terminate an acting appointment.

(7) The appointment of a judge of the Supreme Court or a Vice President as
acting President does not affect his or her tenure of office or status as a
judge nor any other rights or privileges that he or she has as a judge nor, in
the case of a judge of the Supreme Court, the payment of his or her salary or
allowances as a judge.

(8) Service in the office of acting President must be taken for all purposes
to be service in the office of judge of the Supreme Court or County Court, as
the case requires.

(9) Nothing in this Act prevents a judge of the Supreme Court or a Vice
President appointed as acting President from constituting the Supreme Court or
County Court, as the case requires, for the purpose of the exercise by that
Court of any of its functions.