Supreme Court Act 1887

Where the Governor is of opinion that a situation of a temporary nature has arisen, or is likely to arise, in which it is necessary or desirable, in the public interest, that the powers of this section should be exercised, he or she may appoint a qualified person as an acting judge of the Court to act as puisne judge thereof until the happening of such event, or for such period, as the Governor may specify in the instrument of appointment.

In subsection (1),qualified person means a person who – is eligible for the office of judge of the Supreme Court; or has been a judge of the Supreme Court; or is or has been a judge of the Federal Court of Australia; or is or has been a judge of the Supreme Court of another State or a Territory.

The Governor may appoint an acting judge to that office on a full-time basis, or a part-time basis, as may be specified in the instrument of appointment.

If – an acting judge has been appointed to that office until the happening of an event or for a period specified in the instrument of appointment; and that event occurs, or that period expires, after the acting judge has commenced hearing a matter but before the acting judge has determined the matter, including determining any applications for consequential orders in relation to the matter – the acting judge is taken to have been appointed to the office of acting judge on a part-time basis, or is taken to continue to be appointed to the office of acting judge on a part-time basis, until the acting judge has so determined the matter.

Subject to this section, an acting judge holding office under this section has the same powers and jurisdiction as a puisne judge of the Supreme Court, and while he or she so holds office shall be deemed to be a puisne judge of the Court.

If an acting judge is appointed to that office on a full-time basis, the acting judge is entitled to be paid out of the Public Account (which, to the necessary extent, is appropriated accordingly) a salary at the same rate as that payable to a puisne judge.

If an acting judge is appointed to that office on a part-time basis, the acting judge is entitled to be paid out of the Public Account (which, to the necessary extent, is appropriated accordingly) a salary at the rate of – for each full sitting day the acting judge serves as an acting judge for the purposes of this Act, 1/230th of the annual salary payable to a puisne judge; or if the acting judge is required to serve as acting judge for less than a full sitting day, a proportion of the rate specified in paragraph (a) for a full sitting day that is equivalent to the proportion of the sitting day so served.

The Judges' Contributory Pensions Act 1968 does not apply to a person by reason of that person holding office as an acting judge and service as an acting judge is not taken to be service as a judge for the purposes of that Act.

Section 5 does not apply to the appointment of an acting judge, and section 6A does not apply to the office of acting judge.

For the avoidance of doubt, an acting judge appointed under this section is not a puisne judge for the purposes of section 2.