13Appointment and qualifications of Judges

#### 13 Appointment and qualifications of Judges 13 Appointment and qualifications of Judges > > (1) The Governor may, by commission under the public seal of the State, appoint any qualified person as a Judge. > > > (2) In this section— > > > > qualified person means any of the following persons— > > > > > (a) a person who is an Australian lawyer of at least 7 years’ standing, > > > > > (b) a person who holds or has held a judicial office of this State or of the Commonwealth, another State or a Territory, > > > > > (c) without limiting paragraph (a) or (b), the Chief Judge of the Local Court. > > > > > (d) (Repealed) > > > (3) The following applies to a person who holds the offices of Chief Judge of the Local Court and Judge of the District Court— > > > > > (a) for any period in which the person holds both offices, service by the person in the office of the Chief Judge of the Local Court is, for the purposes of this Act, including section 15, and the [Judges’ Pensions Act 1953](/view/html/inforce/current/act-1953-041), taken to be service in the office of a Judge of the District Court, > > > > > (b) the person must not hear or determine an appeal in the person’s capacity as a Judge of the District Court from any decision made by the person in the person’s capacity as a Judge of the Local Court, > > > > > (c) nothing in this Act or any other law requires the person to devote the whole of the person’s time to the duties of a Judge of the District Court. > > > (4)–(6) (Repealed) > > > (7) A Judge shall, while holding office as such, be deemed to have been appointed a justice of the peace. > > > (8) A person who vacates office as a Judge may, despite vacating office, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before vacating office (including proceedings that were instituted before the commencement of this subsection). > > > (9) While a person completes or otherwise continues under subsection (8) to deal with any matters relating to proceedings that have been heard or partly heard by the person before vacating office, the person has all the entitlements and functions of a Judge and, for the purpose of those proceedings, is taken to continue to be a Judge. > > **s 13:** Am 1982 No 41, Sch 2 (2); 1993 No 87, Sch 5; 1994 No 32, Sch 3; 2001 No 85, Sch 2 \[1\]; 2002 No 7, Sch 3; 2005 No 64, Sch 1.8 \[1\]; 2006 No 120, Sch 3.8 \[2\]; 2010 No 63, Sch 1.9 \[1\] \[2\]; 2012 No 60, Sch 6; 2025 No 53, Sch 1\[2\]–\[7\]; 2025 No 61, Sch 2.36\[1\] \[2\].