sec.192Appointment of supplementary members

sec.192 Appointment of supplementary members

If the president considers it necessary for the functioning of the tribunal, the president may request the Minister to appoint a person to be a supplementary member for a stated period. Only a Supreme court judge, District Court judge, magistrate or member of the Land Court can be appointed as a supplementary member. Before appointing a person as a supplementary member, the Minister must consult— for appointing a Supreme Court judge—the Chief Justice; or for appointing a District Court judge—the Chief Judge; or for appointing a magistrate—the Chief Magistrate; or for appointing a member of the Land Court—the President of the Land Court. The president may enter into an arrangement— with the Chief Justice about using Supreme Court judges appointed as supplementary members to perform their functions under this Act; or with the Chief Judge about using District Court judges appointed as supplementary members to perform their functions under this Act; or with the Chief Magistrate about using magistrates appointed as supplementary members to perform their functions under this Act; or with the President of the Land Court about using members of the Land Court appointed as supplementary members to perform their functions under this Act. The arrangement may provide for the following for a judge, magistrate or member of the Land Court to whom the arrangement applies— the matters the judge, magistrate or member may hear and decide; the time the judge, magistrate or member may allocate to performing functions as a supplementary member; the places at which the judge, magistrate or member may constitute the tribunal. A judge, magistrate or member of the Land Court to whom the arrangement applies may perform a function as a supplementary member only as authorised, and in the way provided, under the arrangement. Section 175 (4) to (6) applies to a Supreme Court judge appointed as a supplementary member as if the judge were the president. Section 176 (4) to (6) applies to a District Court judge appointed as a supplementary member as if the judge were the deputy president. The appointment of a magistrate or member of the Land Court as a supplementary member does not affect— the magistrate’s or member’s tenure of office or status as a magistrate or member of the Land Court; or the payment of the magistrate’s or member’s salary or allowances as a magistrate or member of the Land Court; or any other right or privilege the magistrate or member has as a magistrate or member of the Land Court. Service by a magistrate in the office of supplementary member is taken, for all purposes, to be service as a magistrate or member of the Land Court. Nothing in this Act prevents a person who holds office as a supplementary member from doing anything in the person’s capacity as a magistrate or member of the Land Court. s 192 amd 2023 No. 23 s 190 (sec.192-ssec.1) If the president considers it necessary for the functioning of the tribunal, the president may request the Minister to appoint a person to be a supplementary member for a stated period. (sec.192-ssec.2) Only a Supreme court judge, District Court judge, magistrate or member of the Land Court can be appointed as a supplementary member. (sec.192-ssec.3) Before appointing a person as a supplementary member, the Minister must consult— for appointing a Supreme Court judge—the Chief Justice; or for appointing a District Court judge—the Chief Judge; or for appointing a magistrate—the Chief Magistrate; or for appointing a member of the Land Court—the President of the Land Court. (sec.192-ssec.4) The president may enter into an arrangement— with the Chief Justice about using Supreme Court judges appointed as supplementary members to perform their functions under this Act; or with the Chief Judge about using District Court judges appointed as supplementary members to perform their functions under this Act; or with the Chief Magistrate about using magistrates appointed as supplementary members to perform their functions under this Act; or with the President of the Land Court about using members of the Land Court appointed as supplementary members to perform their functions under this Act. (sec.192-ssec.5) The arrangement may provide for the following for a judge, magistrate or member of the Land Court to whom the arrangement applies— the matters the judge, magistrate or member may hear and decide; the time the judge, magistrate or member may allocate to performing functions as a supplementary member; the places at which the judge, magistrate or member may constitute the tribunal. (sec.192-ssec.6) A judge, magistrate or member of the Land Court to whom the arrangement applies may perform a function as a supplementary member only as authorised, and in the way provided, under the arrangement. (sec.192-ssec.7) Section 175 (4) to (6) applies to a Supreme Court judge appointed as a supplementary member as if the judge were the president. (sec.192-ssec.8) Section 176 (4) to (6) applies to a District Court judge appointed as a supplementary member as if the judge were the deputy president. (sec.192-ssec.9) The appointment of a magistrate or member of the Land Court as a supplementary member does not affect— the magistrate’s or member’s tenure of office or status as a magistrate or member of the Land Court; or the payment of the magistrate’s or member’s salary or allowances as a magistrate or member of the Land Court; or any other right or privilege the magistrate or member has as a magistrate or member of the Land Court. (sec.192-ssec.10) Service by a magistrate in the office of supplementary member is taken, for all purposes, to be service as a magistrate or member of the Land Court. (sec.192-ssec.11) Nothing in this Act prevents a person who holds office as a supplementary member from doing anything in the person’s capacity as a magistrate or member of the Land Court.