sec.6Acting judges

### sec.6 Acting judges If a judge is or will be on leave, or otherwise absent, or is or will be, for any reason, unable to perform the functions of the office, the Governor in Council, after consultation between the Minister and the Chief Justice, may, by commission, appoint a person who is qualified to be appointed as a judge to act as a judge for the period (not longer than 6 months) stated in the commission. If the Chief Justice certifies that it is desirable that 1 or more persons be appointed to act as a judge to assist in ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court in the Trial Division, the Governor in Council may, by commission, appoint 1 or more persons, who is or are qualified to be appointed as a judge to act as a judge for the period (not longer than 6 months) stated in the commission or commissions. The Governor in Council may, by commission, appoint either of the following persons to act as a judge for up to 1 year— a person who is, or has been, a judge of the Supreme Court of another State or Territory; a person who is, or has been, a judge of the Federal Court of Australia. The Governor in Council may by commission appoint a retired Supreme Court judge to act as a judge— for a period of not more than 2 years; and on a full-time or sessional basis. The Minister may recommend a retired Supreme Court judge for appointment under subsection (4) only after consultation with the Chief Justice. An appointment under subsection (4) must not extend beyond the day the retired judge reaches 78 years of age. A person appointed to act as a judge under this section— may be appointed more than once; and has, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge. Despite subsection (6) , a retired Supreme Court judge who, before the judge’s commission ends, starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding. The Governor in Council may decide the remuneration to be paid and provided in relation to a person, other than a retired Supreme Court Judge appointed under subsection (1) , (2) or (4) , who acts as a judge (not being less than the remuneration paid and provided to a judge). For the remuneration of a retired Supreme Court judge who acts as a judge, see the Judicial Remuneration Act 2007 , section 5A . The fact that a person who holds a commission to act as a judge sits and otherwise acts as a judge is sufficient evidence of the person’s authority to do so. A person who has acted as a judge may attend sittings of the court for the purpose of giving judgment in, or otherwise completing, a proceeding that was heard by the person while the person was acting as a judge, despite the fact that the person is no longer acting as a judge. s 6 prev s 6 om 2011 No. 45 s 180 pres s 6 ins 2011 No. 45 s 181 amd 2013 No. 35 s 169 ; 2024 No. 47 s 75B (sec.6-ssec.1) If a judge is or will be on leave, or otherwise absent, or is or will be, for any reason, unable to perform the functions of the office, the Governor in Council, after consultation between the Minister and the Chief Justice, may, by commission, appoint a person who is qualified to be appointed as a judge to act as a judge for the period (not longer than 6 months) stated in the commission. (sec.6-ssec.2) If the Chief Justice certifies that it is desirable that 1 or more persons be appointed to act as a judge to assist in ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court in the Trial Division, the Governor in Council may, by commission, appoint 1 or more persons, who is or are qualified to be appointed as a judge to act as a judge for the period (not longer than 6 months) stated in the commission or commissions. (sec.6-ssec.3) The Governor in Council may, by commission, appoint either of the following persons to act as a judge for up to 1 year— a person who is, or has been, a judge of the Supreme Court of another State or Territory; a person who is, or has been, a judge of the Federal Court of Australia. (sec.6-ssec.4) The Governor in Council may by commission appoint a retired Supreme Court judge to act as a judge— for a period of not more than 2 years; and on a full-time or sessional basis. (sec.6-ssec.5) The Minister may recommend a retired Supreme Court judge for appointment under subsection (4) only after consultation with the Chief Justice. (sec.6-ssec.6) An appointment under subsection (4) must not extend beyond the day the retired judge reaches 78 years of age. (sec.6-ssec.7) A person appointed to act as a judge under this section— may be appointed more than once; and has, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge. (sec.6-ssec.8) Despite subsection (6) , a retired Supreme Court judge who, before the judge’s commission ends, starts the hearing of a proceeding remains a judge for the purposes of finishing the proceeding. (sec.6-ssec.9) The Governor in Council may decide the remuneration to be paid and provided in relation to a person, other than a retired Supreme Court Judge appointed under subsection (1) , (2) or (4) , who acts as a judge (not being less than the remuneration paid and provided to a judge). For the remuneration of a retired Supreme Court judge who acts as a judge, see the Judicial Remuneration Act 2007 , section 5A . (sec.6-ssec.10) The fact that a person who holds a commission to act as a judge sits and otherwise acts as a judge is sufficient evidence of the person’s authority to do so. (sec.6-ssec.11) A person who has acted as a judge may attend sittings of the court for the purpose of giving judgment in, or otherwise completing, a proceeding that was heard by the person while the person was acting as a judge, despite the fact that the person is no longer acting as a judge. - (a) a person who is, or has been, a judge of the Supreme Court of another State or Territory; - (b) a person who is, or has been, a judge of the Federal Court of Australia. - (a) for a period of not more than 2 years; and - (b) on a full-time or sessional basis. - (a) may be appointed more than once; and - (b) has, for the period and subject to the conditions stated in the judge’s commission, the power and authority necessary to fulfil the duties of a judge.