Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a judge is,
or is expected to be, absent from duty the Governor by commission under the
Public Seal of the State may appoint a person, who is qualified to be
appointed a judge or an acting judge, as an acting judge for the period during
which the judge is absent from duty, and the appointment of the acting judge
authorises him to complete the hearing and determination of any proceedings
that may be pending before him at the expiration of that period so that he
holds an appointment as an acting judge during any further period while he is
completing such hearing and determination.
(2) When for any
reason the conduct of the business of the Court requires, in the opinion of
the Governor, the appointment of an acting judge or there is a vacancy in the
office of a judge (other than that of the Chief Justice), the Governor by
commission under the Public Seal of the State may appoint a person, who is
qualified to be appointed a judge or an acting judge, to be an acting judge
until the expiry of the period of that appointment or until the filling of
that vacancy, as the case requires, and the appointment of the acting judge
authorises him or her to complete the hearing and determination of any
proceedings that may be pending before him or her at that expiry or filling so
that he or she holds an appointment as an acting judge during any further
period while he or she is completing that hearing and determination.
(3) Every acting judge
shall be liable to be removed from office in such manner and upon such grounds
as judges of the Supreme Court are liable to be removed from office.
[Section 11 inserted by No. 57 of 1975
s. 4; amended by No. 37 of 1989 s. 6 and 10; No. 3 of 1996
s. 6; No. 23 of 1997 s. 21; No. 24 of 2005 s. 30.]