37Acting Judges

#### 37 Acting Judges 37 Acting Judges > > (1) The Governor may, by commission under the public seal of the State, appoint any qualified person to act as a Judge, or as a Judge and a Judge of Appeal, for a time not exceeding 5 years to be specified in such commission. > > > (2) In subsection (1) qualified person means any of the following persons— > > > > > (a) a person qualified for appointment as a Judge of the Supreme Court of New South Wales, > > > > > (b) a person who is or has been a judge of the Federal Court of Australia, > > > > > (c) a person who is or has been a judge of the Supreme Court of another State or Territory. > > > (3) A person appointed under this section shall, for the time and subject to the conditions or limitations specified in the person’s commission, have all the powers, authorities, privileges and immunities and fulfil all the duties of a Judge and (if appointed to act as such) a Judge of Appeal. > > > (3A) The person so appointed may, despite the expiration of the period of the person’s appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before the expiration of that period. > > > (3AA) While a person completes or otherwise continues under subsection (3A) to deal with any matters relating to proceedings that have been heard or partly heard by the person before the expiration of the period of the person’s appointment, the person has all the entitlements and functions of a Judge and, for the purpose of those proceedings, is taken to continue to be a Judge and (if the person was so appointed to act as such) a Judge of Appeal. > > > (3B) The person so appointed is entitled to be paid remuneration in accordance with the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004). > > > (3C) The remuneration payable to an acting Judge is to be paid— > > > > > (a) so long as the acting Judge’s commission continues in force, or > > > > > (b) until the acting Judge has completed or otherwise dealt with matters (as referred to in subsection (3A)), > > > > whichever is the later. > > > (4) A retired Judge of the Court or of another court, other than the Local Court, in New South Wales (including a retired judicial member of the Industrial Commission or of the Industrial Relations Commission) may be so appointed even though the retired Judge has reached the mandatory judicial retirement age (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years. > > > (4A) A retired Judge of the Federal Court of Australia or of the Supreme Court of another State or Territory may be so appointed even though the retired Judge has reached the age of 70 years (or will have reached that age before the appointment expires), but may not be so appointed for any period that extends beyond the day on which he or she reaches the age of 78 years. > > > (5) The conditions or limitations specified in a commission under this section may exclude the whole or any part of the period of appointment from being regarded as prior judicial service (within the meaning of section 8 of the [Judges’ Pensions Act 1953](/view/html/inforce/current/act-1953-041)) by the person. > > > (6) The provisions of section 36 (4) and (5) apply to an acting Judge who acts as a Judge of Appeal in the same way as they apply to a Judge who acts as an additional Judge of Appeal. > > **s 37:** Am 1988 No 10, Sch 1 (1); 1989 No 89, Sch 1; 1989 No 169, Sch 8; 1990 No 56, Sch 1, Part 2; 1990 No 108, Sch 1; 1991 No 94, Sch 1; 1992 No 111, Sch 1; 1994 No 32, Sch 3; 1996 No 30, Sch 1.35 \[1\]; 1996 No 121, Sch 4.55; 2008 No 107, Sch 26; 2013 No 1, Sch 1.18 \[2\]; 2015 No 2, Sch 3.8 \[1\] \[2\]; 2016 No 54, Sch 1.16 \[1\] \[2\]; 2018 No 87, Sch 2.8 \[2\]; 2025 No 61, Sch 2.86\[1\].