Industrial Relations Act 1996

On the abolition day, a person holding office as a judicial member immediately before that day ceases to hold that office and is, by this clause, appointed as a Judge of the Supreme Court (without the need for a commission to be issued).

Subclause (1) does not extend to a Judge of the Supreme Court who is acting as a judicial member under section 151B (Supreme Court Judges may act as judicial members of the Commission in Court Session) immediately before the abolition day.

A judicial member appointed by this clause as a Judge of the Supreme Court—

is to have seniority, rank and precedence as a Judge of the Supreme Court as if the date of the person’s commission as a Judge of the Supreme Court were the date of the person’s commission as a judicial member of the Commission, and

if the judicial member was also the President of the Commission—is to continue to be entitled to the same remuneration as the person received as President immediately before the abolition day until such time as the remuneration of a puisne Judge of the Supreme Court exceeds that remuneration.

Service as a judicial member by a person appointed by this clause as a Judge of the Supreme Court is to be taken for all purposes (including for the purposes of the Supreme Court Act 1970 and the Judges’ Pensions Act 1953) to be service as a Judge of the Supreme Court.

The Governor may, on the recommendation of the Attorney General, issue an appropriate commission under the public seal of the State to a person who is to be (or has been) appointed by this clause as a Judge of the Supreme Court.

The Attorney General is to make a recommendation under subclause (5) as soon as practicable after the publication of a proclamation under the amending Act that specifies the commencement date for the repeal of Part 3 of Chapter 4 of this Act.

A commission may be issued under this clause before the abolition day, but must state that the person’s appointment takes effect on the day that is the abolition day.

This clause does not limit the application of section 8 of the Oaths Act 1900 to a person appointed by this clause as a Judge of the Supreme Court.

Nothing in this clause prevents a person being appointed as a judicial officer of a different court or to a different office in the Supreme Court.