5Eligible Judges

#### 5 Eligible Judges 5 Eligible Judges > > (1) A Judge of the Supreme Court or Local Court may, by written instrument, consent to being the subject of a declaration by the Attorney General under subsection (2). > > > (2) The Attorney General may, by written instrument, declare a judge in relation to whom a consent is in force to be, for this Act— > > > > > (a) for a Judge of the Supreme Court—an eligible Judge of the Supreme Court, or > > > > > (b) for a Judge of the Local Court—an eligible Judge of the Local Court. > > > (3) An eligible Judge has, in relation to the exercise of a function conferred on an eligible Judge by this Act, the same protection and immunity as— > > > > > (a) for an eligible Judge of the Supreme Court—a Judge of the Supreme Court has in relation to proceedings in the Supreme Court, or > > > > > (b) for an eligible Judge of the Local Court—a Judge of the Local Court has in relation to proceedings in the Local Court. > > > (4) A judge who has given a consent may, by written instrument, revoke the consent. > > > (5) A declaration of a judge may not be revoked by the Attorney General. > > > (6) However, the declaration of a judge as an eligible Judge is revoked if— > > > > > (a) the judge revokes the judge’s consent, or > > > > > (b) the judge ceases to be— > > > > > > > (i) for an eligible Judge of the Supreme Court—a Judge of the Supreme Court, or > > > > > > > (ii) for an eligible Judge of the Local Court—a Judge of the Local Court, or > > > > > (c) the Attorney General is notified that the judge should not continue to be an eligible Judge by— > > > > > > > (i) for an eligible Judge of the Supreme Court—the Chief Justice, or > > > > > > > (ii) for an eligible Judge of the Local Court—the Chief Judge of the Local Court. > > > (7) To avoid doubt— > > > > > (a) the selection of an eligible Judge to exercise a particular function conferred on eligible Judges must not be made by the Attorney General or another Minister, and > > > > > (b) the exercise of the particular function is not subject to the control and direction of the Attorney General or another Minister. > > **s 5:** Am 2009 No 77, Sch 1.4; 2009 No 106, Sch 4.29. Subst 2025 No 61, Sch 2.87\[2\].