Victorian Consolidated Legislation

Victorian Civil and Administrative Tribunal Act 1998 - SECT 29

Additional acting judicial appointments

29. Additional acting judicial appointments



(1) The Chief Justice may appoint judges of the Supreme Court to be members of
a panel of judges available for acting appointments under this section.

(2) The Chief Judge may appoint judges of the County Court to be members of a
panel of judges available for acting appointments under this section.

(3) If the President considers it desirable for an acting judicial member to
be appointed temporarily to hear and determine any one or more proceedings, he
or she may, with the approval of the Chief Justice or the Chief Judge, as the
case requires, appoint a judge who is a member of a panel of judges to be an
acting member for the purposes of those proceedings.

(4) An appointment under this section must be in writing.

(5) A judge appointed as an acting member in accordance with this section-

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

   (b)  for the purposes of constituting the Tribunal for a proceeding-

   (i)  in the case of a judge of the Supreme Court-must be treated as if he
        or she were the President;

   (ii) in the case of a judge of the County Court-must be treated as if he or
        she were a Vice President.

(6) The appointment of a judge of the Supreme Court or County Court as an
acting member in accordance with this section 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.

(7) Service in the office of an acting member in accordance with this section
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.

(8) Nothing in this Act prevents a judge of the Supreme Court or County Court
appointed as an acting member in accordance with this section 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.





Division 4-Administration