18Acting Judges

#### 18 Acting Judges 18 Acting Judges > > (1) The Governor may, by commission under the public seal of the State, appoint any qualified person to act as a Judge for a time not exceeding 5 years to be specified in the commission. > > > (2) In subsection (1), qualified person means a person qualified for appointment as a Judge. > > > (3) The person so appointed, for the time and subject to the conditions or limitations specified in the person’s commission, shall have the powers and authorities and fulfil the duties of the Judge and shall, for the purposes of this or any other Act (other than the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004)), be deemed to be a Judge. > > > (3A) The person so appointed may, despite the expiration of the period of the person’s appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before the expiration of that period. > > > (3AA) While a person completes or otherwise continues under subsection (3A) to deal with any matters relating to proceedings that have been heard or partly heard by the person before the expiration of the person’s appointment, the person has all the entitlements and functions of a Judge (subject to the conditions and limitations specified in the person’s commission) and, for the purposes of those proceedings, is taken to continue to be a Judge. > > > (3B) The person so appointed is entitled to be paid remuneration in accordance with the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004). > > > (3C) The remuneration payable to a person appointed under this section is to be paid— > > > > > (a) so long as the person continues to hold office, or > > > > > (b) until the person has completed or otherwise dealt with matters (as referred to in subsection (3A)), > > > > whichever is the later. > > > (4) A retired Judge of the Court or of another court in New South Wales (including a retired judicial member of the Industrial Commission or the Industrial Relations Commission) may be so appointed even though the retired Judge has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years. > > > (4A) A person who is or has been a judge of the Federal Court of Australia or Federal Circuit and Family Court of Australia (Division 1) or of the Supreme Court, District Court or County Court of another State or Territory may be so appointed even though that person has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years. > > > (4B) A person who is or has been an associate Judge of the Supreme Court of New South Wales may be so appointed even though that person has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years. > > > (5) The conditions or limitations specified in a commission under this section may exclude the whole or any part of the period of appointment from being regarded as prior judicial service (within the meaning of section 8 of the [Judges’ Pensions Act 1953](/view/html/inforce/current/act-1953-041)) by the person. > > > (6) A person appointed under this section may be appointed under the title of Acting Judge or Associate Judge. > > **s 18:** Am 1987 No 236, Sch 1 (2); 1988 No 10, Sch 4; 1989 No 169, Sch 3 (1); 1990 No 56, Sch 1, Part 2; 1990 No 108, Sch 1; 1991 No 94, Sch 1; 1994 No 32, Sch 3; 1996 No 30, Sch 1.15 \[1\] \[2\]; 1996 No 121, Sch 4.16; 2001 No 85, Sch 2 \[2\]; 2005 No 64, Sch 1.8 \[2\]; 2010 No 88, Sch 3; 2015 No 2, Sch 3.2 \[3\]–\[5\]; 2016 No 54, Sch 1.8 \[1\] \[2\]; 2018 No 87, Sch 2.2 \[2\]; 2023 No 7, Sch 1.6\[1\].