Industrial Relations Act 1996

The Governor may, by commission under the public seal of the State, appoint as an acting member of the Commission in Court Session (an acting judicial member) a person qualified for appointment as a judicial member, including an acting member of the Commission who is qualified.

A person who was formerly a judicial member or a Judge of a court other than the Local Court may be appointed as an acting judicial member, and also appointed as an Acting Deputy President or Acting Commissioner under clause 2, even though the person has reached 75 years of age, or will have reached that age before the appointment expires.

However, the person must not be appointed for any period that extends beyond the date the person reaches 78 years of age.

The person’s appointment as an acting judicial member is for the period, not exceeding 5 years, specified in the person’s commission.

Subject to any conditions or limitations specified in the person’s commission, an acting judicial member—

has the functions of a judicial member, and

is taken to be a judicial member.

The conditions specified in the commission may exclude the whole or a part of the period of appointment as an acting judicial member from being regarded as a period of prior judicial service as referred to in the Judges’ Pensions Act 1953, section 8(2).

The person 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 the period.