sec.17Acting judge

### sec.17 Acting judge The Governor in Council may, by commission, appoint a person, other than a retired District Court judge, qualified to be appointed a District Court judge to be an acting judge— during the absence on leave, granted by the Governor in Council, of a judge; or if a judge be absent from any other cause or is incompetent or unable to take part in any decision or in any trial, action or proceeding or to sit at any sittings of a court; or if for any reason whatsoever the conduct of the business of a court or the courts in the opinion of the Governor in Council requires such an appointment. The Governor in Council may, by commission, appoint any of the following persons to act as a judge for up to 1 year— a person who is, or has been, a judge of a supreme court, district court or county court of another State; a person who is, or has been, a judge of the Federal Court of Australia. The Governor in Council may by commission appoint a retired District Court judge to act as a judge— for a period of not more than 2 years; and on a full-time or sessional basis. The Minister may recommend a retired District Court judge for appointment under subsection (3) only after consultation with the Chief Judge. An appointment under subsection (3) must not extend beyond the day the retired District Court judge reaches 78 years of age. A person appointed to act as a judge under this section— may be appointed more than once; and has, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge. Despite subsection (5) , a retired District Court judge who, before the judge’s commission ends, starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding. s 17 amd 1972 No. 7 s 3 ; 1996 No. 32 s 5 ; 2008 No. 59 s 38 ; 2013 No. 35 s 62 ; 2024 No. 47 s 60B (sec.17-ssec.1) The Governor in Council may, by commission, appoint a person, other than a retired District Court judge, qualified to be appointed a District Court judge to be an acting judge— during the absence on leave, granted by the Governor in Council, of a judge; or if a judge be absent from any other cause or is incompetent or unable to take part in any decision or in any trial, action or proceeding or to sit at any sittings of a court; or if for any reason whatsoever the conduct of the business of a court or the courts in the opinion of the Governor in Council requires such an appointment. (sec.17-ssec.2) The Governor in Council may, by commission, appoint any of the following persons to act as a judge for up to 1 year— a person who is, or has been, a judge of a supreme court, district court or county court of another State; a person who is, or has been, a judge of the Federal Court of Australia. (sec.17-ssec.3) The Governor in Council may by commission appoint a retired District Court judge to act as a judge— for a period of not more than 2 years; and on a full-time or sessional basis. (sec.17-ssec.4) The Minister may recommend a retired District Court judge for appointment under subsection (3) only after consultation with the Chief Judge. (sec.17-ssec.5) An appointment under subsection (3) must not extend beyond the day the retired District Court judge reaches 78 years of age. (sec.17-ssec.6) A person appointed to act as a judge under this section— may be appointed more than once; and has, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge. (sec.17-ssec.7) Despite subsection (5) , a retired District Court judge who, before the judge’s commission ends, starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding. - (a) during the absence on leave, granted by the Governor in Council, of a judge; or - (b) if a judge be absent from any other cause or is incompetent or unable to take part in any decision or in any trial, action or proceeding or to sit at any sittings of a court; or - (c) if for any reason whatsoever the conduct of the business of a court or the courts in the opinion of the Governor in Council requires such an appointment. - (a) a person who is, or has been, a judge of a supreme court, district court or county court of another State; - (b) a person who is, or has been, a judge of the Federal Court of Australia. - (a) for a period of not more than 2 years; and - (b) on a full-time or sessional basis. - (a) may be appointed more than once; and - (b) has, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge.