NSWIn ForceAct
Judicial Officers Act 1986
43IJudicial office not affected by appointment to another judicial office
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#### 43I Judicial office not affected by appointment to another judicial office
43I Judicial office not affected by appointment to another judicial office
> > (1) In this section—
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> > court includes a tribunal (however described) that exercises functions of a judicial nature or functions of a similar nature (such as conciliation functions, arbitration functions, disciplinary functions or administrative review functions).
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> > judicial office extends to the office of any member of a court, but only if the holder of the office is required to be a judicial officer or have legal qualifications.
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> > (2) The doctrine of incompatibility of office—
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> > > (a) does not operate to prevent the holder of a judicial office (the original office) from being appointed to another judicial office (the additional office), and
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> > > (b) does not operate to effect or require the surrender or vacation of the original office as a result of the appointment to the additional office.
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> > (3) This section applies—
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> > > (a) even if the original office or the additional office is held on an acting or temporary basis, and
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> > > (b) even if the original office or the additional office is a judicial office of another jurisdiction (including, but not limited to, judicial offices to which appointments are made in accordance with arrangements under Division 1), and
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> > > (c) even if an appeal lies from a decision of the court of one of the judicial offices to the court of the other judicial office, and
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> > > (d) even if the courts of the judicial offices are not of the same status.
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> **pt 7A, div 2 (ss 43B–43I):** Ins 2009 No 117, Sch 1 \[3\].