8Appointment and qualification of judges

8 Appointment and qualification of judges S. 8(1) amended by Nos 8625 s. 4(a)(i)–(iii), 64/1996 s. 13(1), 31/2004 s. 10(1), 3/2016 s. 25(1). (1) Subject to subsection (1B), the Governor in Council shall appoint a person as Chief Judge and as many other persons as are needed to be judges of the county court under this Act, and when the Chief Judge or any other judge under this Act dies resigns retires or is removed another Chief Judge or judge (whichever case applies) may be appointed in his stead[[1]](#endnote-2). S. 8(1A) inserted by No. 31/2004 s. 10(2). (1A) A person is not eligible for appointment as Chief Judge or a judge unless the person— (a) is or has been a judge or magistrate of— (i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or (ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or S. 8(1A)(b) substituted by No. 18/2005 s. 18(Sch. 1 item 25.2). (b) is an Australian lawyer of at least 5 years' standing. S. 8(1B) inserted by No. 3/2016 s. 25(2). (1B) Without limiting subsection (1) or (1A), the Chief Judge, when appointed under subsection (1) must— (a) already be a Judge of the Supreme Court; or (b) be simultaneously appointed as Chief Judge under subsection (1) and appointed under section 75B of the **Constitution Act 1975** as a Judge of the Supreme Court. S. 8(2) amended by No. 6429 s. 3 (as amended by No. 6489 s. 4), repealed by No. 6891 s. 2, new s. 8(2) inserted by No. 16/1986 s. 10. (2) When the Chief Judge is absent on leave or for any reason is temporarily unable to perform the duties of the office— (a) the Governor in Council may appoint a judge of the court to be the Acting Chief Judge for such period or periods as the Governor in Council may determine; and Note to s. 8(2)(a) inserted by No. 31/2021 s. 13(1). Section 8AAC(1) also provides for the Deputy Chief Judge to act as the Chief Judge if the Governor in Council has not appointed an Acting Chief Judge and the Chief Judge has nominated or authorised the Deputy Chief Judge to act as Chief Judge. S. 8(2)(b) substituted by No. 64/1996 s. 13(2). (b) a judge of the court appointed as the Acting Chief Judge under this subsection or acting as Chief Judge under subsection (2A) has, during the period of appointment as Acting Chief Judge or the period of acting as Chief Judge, the same powers and jurisdiction as the Chief Judge has. S. 8(2A) inserted by No. 64/1996 s. 13(3), substituted by No. 31/2021 s. 13(2). (2A) If there is a vacancy in the office of the Chief Judge— (a) the Deputy Chief Judge is to act as Chief Judge; or (b) if the Deputy Chief Judge is unable to act as Chief Judge, the senior of the judges willing to act as Chief Judge is to act as Chief Judge. S. 8(2B) inserted by No. 64/1996 s. 13(3). (2B) If the commissions of 2 or more judges bear the same date, the judges have seniority according to the seniority assigned by the commissions, or if there is no such assignment, according to the order of their being sworn. S. 8(2C) inserted by No. 5/2013 s. 23. (2C) A reserve judge must not— (a) be appointed as Chief Judge; (b) be appointed as Acting Chief Judge; S. 8(2C)(c) amended by No. 31/2021 s. 13(3)(a). (c) act as Chief Judge; S. 8(2C)(d) inserted by No. 31/2021 s. 13(3)(b). (d) be appointed as Deputy Chief Judge. S. 8(3) amended by No. 16/1986 s. 8(a). (3) No person who has attained the age of 70 years shall be appointed to be a judge under this Act. (4) Any reference to a judge of county courts in any other Act or in any proclamation, order, rule, regulation, by-law or other instrument or document shall, where the context allows, be read and construed as a reference to a judge of the County Court. S. 8(5) repealed by No. 8625 s. 4(b). S. 8(6) amended by No. 8625 s. 4(c)(i)(ii). (6) Any reference to the senior judge of county courts or of any county court or the chairman of judges of the County Court or any reference of like import to those references (however expressed) in any other Act or in any proclamation, order, rule, regulation, by-law or other instrument or document shall, where the context allows, be read and construed as a reference to the Chief Judge of the court. S. 8AA inserted by No. 3/2016 s. 26. 8AA Resignation by Chief Judge who is dual commission holder The Chief Judge who is a dual commission holder may— (a) resign simultaneously from both the office of Chief Judge under this Act and the office of Judge of the Supreme Court under section 77(4)(e) of the **Constitution Act 1975**; or (b) resign from the office of Chief Judge under this Act and continue in office as a Judge of the Supreme Court; or (c) resign from the office of Judge of the Supreme Court under section 77(4)(e) of the **Constitution Act 1975** and continue in office as Chief Judge without being a dual commission holder. S. 8AAB inserted by No. 31/2021 s. 14. 8AAB Deputy Chief Judge (1) The Governor in Council, on the recommendation of the Attorney-General made after consultation with the Chief Judge, may appoint a person to the office of Deputy Chief Judge. (2) Without limiting subsection (1), the Deputy Chief Judge, when appointed under subsection (1), must already be a judge. (3) Subject to this Act, the Deputy Chief Judge holds office— (a) for the term (not exceeding 5 years) that is specified in the Deputy Chief Judge's instrument of appointment and is eligible for re-appointment; and (b) on any other terms and conditions that are specified in the instrument of appointment. S. 8AAC inserted by No. 31/2021 s. 14. 8AAC Deputy Chief Judge acting as Chief Judge (1) The Deputy Chief Judge is to act as Chief Judge during any period that the Chief Judge is absent on leave or for any reason temporarily unable to perform the duties of Chief Judge if— (a) the Deputy Chief Judge is nominated or authorised to do so by the Chief Judge; and (b) the Governor in Council has not appointed an Acting Chief Judge under section 8(2)(a). (2) The Deputy Chief Judge, during the period of acting as Chief Judge— (a) has the same powers and jurisdiction as the Chief Judge; and (b) if the period of acting extends for a continuous period of more than 1 week, is entitled to be paid for the entire period at the rate for the time being applicable for the Chief Judge under the **Judicial Entitlements Act 2015**. (3) The Deputy Chief Judge may not act under subsection (1) as Chief Judge for a term exceeding 3 months, unless the Governor in Council authorises a longer term on the recommendation of the Attorney-General, made after consultation with the Chief Judge. S. 8AAD inserted by No. 31/2021 s. 14. 8AAD Duties of Deputy Chief Judge (1) The Deputy Chief Judge continues to perform the duties of a judge. (2) The Chief Judge may assign duties to the Deputy Chief Judge relating to the Chief Judge's responsibilities under section 8E. (3) The Deputy Chief Judge must carry out the duties from time to time assigned by the Chief Judge under subsection (2). S. 8A inserted by No. 63/2013 s. 67.