District Court Act 1991

The Chief Judge is—

a Judge of the Supreme Court assigned by the Governor, by proclamation, to be the Chief Judge; or

a legal practitioner of at least 10 years standing or a District Court Judge appointed by the Governor as the Chief Judge.

Before the Governor assigns a Judge of the Supreme Court to be the Chief Judge, the Attorney‑General must consult with the Chief Justice of the Supreme Court about the proposed assignment.

A Judge of the Supreme Court assigned to be the Chief Judge ceases to be the Chief Judge if the person ceases to be a Judge of the Supreme Court.

The remuneration and conditions of service of a Judge of the Supreme Court assigned to be the Chief Judge will be the same as if he or she had not been so assigned and his or her service as the Chief Judge will be regarded as if it were service as a Judge of the Supreme Court.

A person appointed as Chief Judge under subsection (1)(b) will be taken to have been appointed as a Judge of the District Court (if he or she is not already a Judge of the District Court) and as a Judge of the Supreme Court of South Australia.

The Chief Judge may not perform the duties, or exercise the powers, of a Judge of the Supreme Court unless the Chief Justice of the Supreme Court, with the consent of the Chief Judge, assigns the Chief Judge to perform the duties and exercise the powers of a Judge of the Supreme Court for a period determined by the Chief Justice.

The Chief Judge must, as soon as is reasonably practicable after consenting to an assignment under subsection (6), notify the Attorney‑General that he or she has so consented and the Attorney‑General must, as soon as is reasonably practicable after receiving such notification, publish in the Gazette a notice setting out—

the fact that the Chief Judge has consented to an assignment under subsection (6); and

the period of the assignment.

The office of Judge of the Supreme Court is the primary judicial office of the Chief Judge and—

the remuneration and conditions of service of the Chief Judge will be the same as if he or she held a single appointment as a Judge of the Supreme Court; and

service as the Chief Judge will be regarded as if it were service as a Judge of the Supreme Court.

Subject to subsection (10), the retirement, resignation or removal from office of a person appointed as the Chief Judge under subsection (1)(b) is governed by the law applicable to the retirement, resignation or removal from office of a Judge of the Supreme Court and the Chief Judge will, until retirement, resignation or removal from office (or earlier death), continue to hold both of those appointments.

A person appointed as the Chief Judge under subsection (1)(b)—

may not, except with the approval of the Governor, resign from the office of the Chief Judge and the office of Judge of the District Court, without also resigning from the office of Judge of the Supreme Court; but

may resign from the office of the Chief Judge and the office of Judge of the Supreme Court without simultaneously resigning from the office of Judge of the District Court, and a resignation under paragraph (a) or (b) will not give rise to any right to pension, retirement leave or other similar benefit.

The Governor may, by proclamation, made at the request or with the consent of a Judge of the Supreme Court assigned to be the Chief Judge under subsection (1)(a), revoke the assignment of that Judge under this section.