Subdiv 3The Deputy Presidents

Subdivision 3—The Deputy Presidents 12A—Number of Deputy Presidents There will be at least 2 Deputy Presidents of the Tribunal. 13—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 magistrate appointed by the Governor, by proclamation, 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 (5)); 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) Subject to subsections (2) and (3), an appointment under subsection (1)(a) may be subject to conditions determined by the Governor. (5) Without limiting subsection (4), 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). (6) Any salary or allowances payable as an additional component of remuneration under subsection (5) cannot be reduced during the person's term of office as a Deputy President of the Tribunal. (7) The appointment of a magistrate as a Deputy President of the Tribunal under subsection (1)(b) does not affect— (a) the magistrate's tenure of office or status as a magistrate; or (b) the payment of the magistrate's salary or allowances as a magistrate (subject to the operation of subsection (10)); or (c) the ability of the person to do anything in the person's capacity as a magistrate; or (d) any other right or privilege that the magistrate has by virtue of the office of magistrate. (8) Service in the office of Deputy President of the Tribunal by a magistrate is taken, for all purposes, to constitute service as a magistrate. (9) Subject to subsections (7) and (8), 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 may determine that a Deputy President's salary or allowance as a magistrate 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). (11) 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) in the case of an appointment under subsection (1)(b)—the person ceases to be a magistrate; or (c) the person resigns as Deputy President by written notice to the Attorney‑General; or (d) the person dies. (12) Nothing in subsection (11)(c) affects a person's tenure or status as a judge (in the case of an appointment under subsection (1)(a)) or as a magistrate (in the case of an appointment under subsection (1)(b)). (13) Before the Governor makes a proclamation under this section, the Attorney‑General must consult with— (a) the Chief Justice; and (ab) the President; and (b) in the case of an appointment under subsection (1)(a)—the Chief Judge; and (c) in the case of an appointment under subsection (1)(b)—the Chief Magistrate. 14—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.