FAMILY COURT ACT 1975 - SECT 11
This legislation has been repealed.
FAMILY COURT ACT 1975 - SECT 11
11 . Acting appointments
(1) Whenever —
(a) the
Chief Judge is absent from the State or from duty; or
(b)
there is a vacancy in the office of Chief Judge,
and no Judge is
specifically appointed under subsection (1a) to act in the office of Chief
Judge for the period of such absence or vacancy, the next senior Judge who is
in the State and is available and willing to do so shall perform the duties
and may exercise the powers of the Chief Judge.
(1a) Where the Chief
Judge is, or is expected to be, absent from duty or there is a vacancy in the
office of Chief Judge, the Governor may appoint a Judge to act in the office
of Chief Judge for such period as the Governor thinks fit and specifies in the
instrument of appointment.
(2) Where —
(a) a
Judge including the Chief Judge is, or is expected to be, absent from duty,
the Governor may appoint a person qualified to be appointed a Judge, to act as
a Judge during the absence from duty of the first mentioned Judge or until he
completes the trial or hearing of any cause or matter that he had entered upon
and not completed before that Judge returns to duty, which ever is the later;
or
(b) for
any reason the conduct of the business of the Court, in the opinion of the
Governor, requires such an appointment to be made, the Governor may appoint a
person so qualified to act as a Judge for such period as the Governor thinks
fit and specifies in the instrument of appointment.
(3) A person appointed
to be an acting Judge under subsection (2) —
(a)
shall not hold office after he attains the age of 70 years;
(b) has
the same right of resignation as a Judge; and
(c) is
liable to be removed from office in the same manner and upon the same grounds
as a Judge.
[Section 11 amended by No. 7 of 1982 s.14; No. 19
of 1987 ss.7 and 8; No. 24 of 1991 s.4.]