Subdiv 3The Deputy Presidents

Subdivision 3—The Deputy Presidents 13—Number of Deputy Presidents There will be at least 1 Deputy President of the Tribunal. 14—Appointment of Deputy Presidents (1) A Deputy President will be— (a) a judge of the District Court appointed by the Governor, by proclamation, to be a Deputy President of the Tribunal; or (b) a person who is eligible for appointment as a judge of the District Court appointed by the Governor to be a Deputy President of the Tribunal. (2) The appointment of a judge of the District Court as a Deputy President of the Tribunal under subsection (1)(a) 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 District Court); or (d) any other right or privilege that the judge has as a judge of the District Court. (3) Service in the office of Deputy President of the Tribunal by a judge of the District Court is taken, for all purposes, to constitute service as a judge of that Court. (4) The appointment of a judge as a Deputy President of the Tribunal will be for a period 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 under subsection (1)(a) may be subject to conditions determined by the Governor. (6) Without limiting subsection (5), in the case of an appointment under subsection (1)(a), the Remuneration Tribunal may determine that a Deputy President's salary or allowance 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 a Deputy President of the Tribunal. (8) The appointment of a person as a Deputy President of the Tribunal under subsection (1)(b)— (a) will be for a term of 5 years (and the person is eligible for reappointment at the expiration of a term of office); and (b) will be on a full‑time or part‑time basis (and this may be altered from time to time with the agreement of the Attorney‑General and the President of the Tribunal). (9) An appointment under subsection (1)(b) may be subject to conditions determined by the Governor. (10) Without limiting subsection (9), in the case of an appointment under subsection (1)(b), the Remuneration Tribunal will determine the salary or allowances to be paid to the person 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). (11) The remuneration of a Deputy President of the Tribunal appointed under subsection (1)(b) (including any salary or allowances) cannot be reduced during the person's term of office as a Deputy President of the Tribunal (unless the reduction is related to a reduction in the person's hours of service over a particular period under an agreement entered into under subsection (8)(b)). (12) A person ceases to be a Deputy President of the Tribunal if— (a) in the case of an appointment under subsection (1)(a)—the person ceases to be a judge of the District Court; or (b) the person resigns as Deputy 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. (13) Nothing in subsection (12)(b), (c) or (d) affects a person's tenure or status as a judge (in the case of an appointment under subsection (1)(a)). (14) A judge of the District Court may only act under subsection (12)(b) with the approval of the Governor. (15) The Attorney‑General must consult with the President of the Tribunal before making a recommendation under subsection (12)(d). (16) Before the Governor makes a proclamation under this section, the Attorney‑General must consult with the Chief Justice and the Chief Judge. 15—Deputy President's functions generally (1) A Deputy President of the Tribunal has the functions conferred on the Deputy President under this Act or any other Act. (2) The functions of a Deputy President include— (a) participating as a member of the Tribunal; and (b) assisting the President in the management of the business of the Tribunal; and (c) assisting the President in managing the members of the Tribunal, including in connection with the training, education and professional development of members of the Tribunal; and (d) other functions assigned by the President. (3) A Deputy President may do all things necessary or convenient to be done in the performance of the Deputy President's functions. (4) A Deputy President is subject to the direction of the President in performing the Deputy President's functions, other than adjudicating in the Tribunal. 16—Acting Deputy Presidents (1) If there is a vacancy in an office of Deputy President or a Deputy President is absent or for any other reason is unable to perform the duties of office, the Attorney‑General may appoint a person to act as a Deputy President for a period not exceeding 6 months. (2) An appointment under this section must be made in writing. (3) The Attorney‑General may only appoint— (a) a judge of the District Court; or (b) a person who is eligible for appointment as a judge of the District Court (who may already be a member of the Tribunal on some other basis), to act as a Deputy President. (4) The Attorney‑General must consult with the President of the Tribunal before making an appointment under subsection (3) and with the Chief Judge before making an appointment under subsection (3)(a). (5) A person appointed to act as a Deputy President— (a) has all the functions of a Deputy President; and (b) is taken to be a Deputy President for all purposes related to this Act or a relevant Act (and the other provisions of this Subdivision apply with any necessary modifications in relation to a person appointed under this section). (6) However, if the person appointed to act as a Deputy President is not a judge of the District Court, the person is, for the period of appointment, entitled to be paid any salary or allowances determined by the Attorney‑General after consultation with the President of the Tribunal (with a judge of the District Court being paid any salary and allowances of a Deputy President). (7) A person appointed to act as a Deputy President may be appointed to act as a Deputy President for a further period— (a) by the Attorney‑General, if the appointment is continuous on 1 or more of the person's previous appointments as an acting Deputy President and the total period of continuous appointments does not exceed 6 months; or (b) by the Governor in other circumstances. (8) The Governor may at any time, on the recommendation of the Attorney‑General, cancel the appointment of a person to act as a Deputy President. (9) Before the Governor acts under subsection (8), the Attorney‑General must consult with— (a) the President of the Tribunal (unless the Attorney‑General is acting at the request of the President); and (b) if the relevant person is a judge of the District Court—the Chief Judge. 17—Supplementary Deputy Presidents (1) Even though there is no vacancy in an office of Deputy President (and any Deputy President is performing the duties of office), the Attorney‑General may, on the request of the President of the Tribunal, temporarily appoint a person to act as a supplementary Deputy President of the Tribunal in relation to a particular matter or matters or for a specified period. (2) The Attorney‑General may only appoint— (a) a judge of the District Court; or (b) a person who is eligible to act in a judicial office on an auxiliary basis under section 3(2) of the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 (even though office under this Act is not a judicial office under that Act). (3) The Attorney‑General must consult with the Chief Judge before making an appointment under subsection (2)(a). (4) An appointment under this section must be made in writing. (5) The person may act as a Deputy President in relation to a matter, or for the period, for which the person is appointed, and when acting under the appointment the person is to be regarded as a Deputy President of the Tribunal for the purposes of this Act and any relevant Act (and the other provisions of this subdivision apply with any necessary modifications in relation to a person appointed under this section). (6) However, if a person appointed under this section is not a judge of the District Court, the person is, for the period of appointment, entitled to be paid any salary or allowances determined by the Attorney‑General after consultation with the President of the Tribunal (with a judge of the District Court being paid any salary or allowances of a Deputy President). (7) A person appointed under this section for a particular period may be appointed to act for a further period by the Attorney‑General after consultation with, or at the request of, the President of the Tribunal. (8) The Governor may at any time, on the recommendation of the Attorney‑General, cancel the appointment of a person under this section. (9) Before the Governor acts under subsection (8), the Attorney‑General must consult with— (a) the President of the Tribunal (unless the Attorney‑General is acting at the request of the President); and (b) if the relevant person is a judge of the District Court—the Chief Judge.