Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 27

Acting Vice President

27. Acting Vice President



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

(2) The appointment of an acting Vice 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 judge of the County Court may be appointed to act as a Vice
President.

(4) A judge of the County Court may only be appointed to act as a Vice
President after the Minister has consulted the Chief Judge.

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

   (a)  has all the powers and must perform all the duties of the Vice
        President for whom he or she is acting; and

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

   (c)  is eligible for re-appointment (however, a person appointed as an
        acting Vice 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 County Court as an acting Vice 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.

(8) Service in the office of an acting Vice President must be taken for all
purposes to be service in the office of judge of the County Court.

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