5AAppointment of judge as President or full-time Deputy President not to affect tenure etc

#### 5A Appointment of judge as President or full-time Deputy President not to affect tenure etc 5A Appointment of judge as President or full-time Deputy President not to affect tenure etc > > (1) Subject to clause 5(1A), the appointment of a person who is the holder of a judicial office as a President or full-time Deputy President, or service by a person who is the holder of a judicial office as a President or full-time Deputy President, does not affect the person’s tenure of that judicial office or the person’s rank, title, status, precedence, salary, allowances or other rights or privileges as the holder of that judicial office. > > > > Note— > > > > This subclause preserves the tenure, rights and privileges of a person who is a President or full-time Deputy President of the Tribunal and also the holder of a judicial office. However, the preservation of the rights in relation to remuneration and allowances is subject to clause 5(1A). Under clause 5(1A), a person who is a President or full-time Deputy President of the Tribunal and the holder of a judicial office is entitled to the higher of the remuneration and allowances under this schedule or as the holder of the judicial office, but not remuneration and allowances in both capacities. > > > (2) For all purposes, the person’s service as a President or full-time Deputy President is to be taken to be service as the holder of that judicial office. > > > (3) This clause extends to any person who, at the commencement of this clause, is a current President and the holder of a judicial office. > > > (3A) The amendments made to this clause by the [Mental Health Legislation Amendment Act 2025](/view/pdf/asmade/act-2025-5) extend to a person who, at the commencement of this subclause, is a current President or full-time Deputy President and the holder of the office of Magistrate. > > > (4) In this clause, judicial office means an office of judge, including the office of Judge of the Local Court, but does not include an office of acting judge.