Western Australian Consolidated Acts Western Australian Consolidated Acts (1) When for any
reason the conduct of the business of the Court requires, in the opinion of
the Governor, the appointment of an auxiliary judge, the Governor may by
commission under the Public Seal of the State appoint a
person —
(a) who
would, but for the fact that he or she has attained the age referred to in
section 3 of the Judges’ Retirement Act 1937 , be qualified to
be appointed a judge or an acting judge; or
(b) who
is a retired judge or a retired District Court Judge but has not yet attained
that age,
to be an auxiliary
judge for such period not exceeding 12 months as is specified in that
commission.
(2) The appointment of
an auxiliary judge under subsection (1) authorises him or her to complete
the hearing and determination of any proceedings that may be pending before
him or her at the expiry of —
(a) the
period of his or her appointment; or
(b) any
period of extension referred to in subsection (3),
so that he or she
holds an appointment as an auxiliary judge during any further period while he
or she is completing that hearing and determination.
(3) An appointment
made under subsection (1) may be extended by the Governor by commission
under the Public Seal of the State for a further period or periods, but that
appointment can only be extended on any one occasion for such period not
exceeding 12 months as is specified in the relevant commission.
(4) A person appointed
to be an auxiliary judge under subsection (1) —
(a) has
the same powers and may exercise the same jurisdiction as a judge; and
[(b) deleted]
(c) is
liable to be removed from office in such manner and upon the same grounds as a
judge is liable to be removed from office.
(5) In
subsection (1)(b), the reference to a retired judge or a retired District
Court Judge includes a reference to a person who has resigned from his or her
office as —
(a) a
judge; or
(b) a
District Court Judge.
[Section 11AA inserted by No. 23 of 1997
s. 22; amended by No. 24 of 2005 s. 31.]