Subdiv 2The President

Subdivision 2—The President 10—Appointment of President (1) The President of the Tribunal will be a judge of the Supreme Court or the District Court appointed by the Governor, by proclamation, to be the President of the Tribunal. (1a) If the person appointed to be President of the Tribunal was, immediately before their appointment as President, a judge of the District Court, the judge will, by virtue of holding the office of President, have the same rank, title, status and precedence as a judge of the Supreme Court. (2) The appointment of a judge as President of the Tribunal does not affect— (a) the judge's tenure of office or status as a judge; or (b) the payment of the judge's salary or allowances as a judge (subject to the operation of subsection (6)); or (c) the ability of the person to do anything in the person's capacity as a judge (including as to the exercise of the jurisdiction of the Supreme Court or the District Court, as the case may be); or (d) any other right or privilege that the judge has as a judge. (3) Service in the office of President of the Tribunal is taken, for all purposes, to constitute service as— (a) in the case of a judge who was, immediately before appointment as President, a Supreme Court judge—a judge of the Supreme Court; or (b) in the case of a judge who was, immediately before appointment as President, a District Court judge—a judge of the District Court. (4) The appointment of a judge as the President of the Tribunal will be for a term of 5 years (and the person is eligible for reappointment at the expiration of a term of office). (5) Subject to subsections (2) and (3), an appointment may be subject to conditions determined by the Governor. (6) Without limiting subsection (5), the Remuneration Tribunal may determine that the President's salary or allowances as a judge will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act). (7) Any salary or allowances payable as an additional component of remuneration under subsection (6) cannot be reduced during the person's term of office as President. (8) A person ceases to be the President of the Tribunal if— (a) the person ceases to be a judge of the Supreme Court or the District Court (as the case may be); or (b) the person, with the approval of the Governor, resigns as President by written notice to the Attorney‑General; or (c) the person completes a term of office and is not reappointed; or (d) the appointment is revoked by the Governor, on the recommendation of the Attorney‑General, for— (i) mental or physical incapacity to carry out duties satisfactorily; or (ii) neglect of duty; or (iii) dishonourable conduct; or (e) the person dies. (9) Nothing under subsection (8)(b), (c) or (d) affects the person's tenure or status as a judge. (10) Before the Governor makes a proclamation under this section, the Attorney‑General must consult with the Chief Justice. 11—President's functions generally (1) The President of the Tribunal has the functions conferred on the President under this Act or any other Act. (2) The functions of the President include— (a) participating as a member of the Tribunal; and (b) having primary responsibility for the administration of the Tribunal; and (c) managing the business of the Tribunal, including by ensuring that the Tribunal operates efficiently and effectively and continually improves the way in which it carries out its functions; and (d) providing leadership and guidance to the Tribunal and engendering cohesiveness and collaboration amongst the members and staff of the Tribunal; and (e) giving directions about the practices and procedures to be followed by the Tribunal; and (f) developing and implementing performance standards and setting benchmarks for the Tribunal; and (g) being responsible for promoting the training, education and professional development of members of the Tribunal; and (h) overseeing the proper use of the resources of the Tribunal; and (i) providing advice about— (i) the membership of the Tribunal; and (ii) the operations and activities of the Tribunal. (3) The President may do all things necessary or convenient to be done in the performance of the President's functions. (4) In the performance of the President's functions, the President is not subject to direction or control by the Minister. 12—Acting President (1) If there is a vacancy in the office of President or the President is absent or for any other reason is unable to perform the functions of office, the Governor may, by proclamation, appoint a person to act as President of the Tribunal for a period not exceeding 6 months. (2) The Governor may only appoint— (a) a Deputy President; or (b) a judge of the Supreme Court or the District Court, to act as President. (3) However, the Governor may not appoint a person acting as a Deputy President to act as President unless the person is a judge of the District Court. (4) A person appointed to act as a President— (a) has all the functions of the President; and (b) is taken to be the President for all purposes related to this Act or a relevant Act. (5) A person appointed to act as President is, for the period of his or her appointment, entitled to be paid additional salary and allowances to ensure that his or her salary and allowances equal the salary and allowances payable to a President of the Tribunal. (6) The Governor may, by further proclamation— (a) extend or renew an appointment under this section; or (b) revoke an appointment under this section. (7) Before the Governor makes a proclamation under this section, the Attorney‑General must consult with— (a) the Chief Justice; and (b) if the proclamation relates to a judge of the District Court—the Chief Judge.