(a) the office of Chief Justice, President of the Court of Appeal
or Senior Judge Administrator is vacant; or
(b) the Chief Justice, the
President of the Court of Appeal or the Senior Judge Administrator is, for any
reason, unable to discharge the person’s office;
the next most senior judge,
who is willing, is to act in the office.
(2) When the Chief Justice, the
President of the Court of Appeal or the Senior Judge Administrator is on leave
or otherwise absent or is, for any other reason, unable to perform all of the
ordinary functions of the person’s office, the next most senior judge, who
is willing, is to perform the functions of the office that the person is
unable to perform.
(3) While a judge is performing functions of a more senior
judicial office, then, to the extent necessary—
(a) the judge has all the
powers and functions of the office; and
(b) this Act and other Acts apply to
the judge as if the judge were the holder of the office.
(4) The fact that a judge acts
in, or performs functions of, a more senior judicial office is sufficient
evidence of the judge’s authority to do so.
(5) Anything done by a judge in
purporting to act in, or perform functions of, a more senior judicial office
is not invalid merely because the occasion for the judge to act in, or perform
functions of, the office had not arisen or had ceased.
