District Court of Western Australia Act 1969

Where the Chief Judge is absent from duty or there is a vacancy in the office of Chief Judge, then where no District Court judge is specifically appointed under subsection (2a) to act in the office of Chief Judge, all the duties and powers of the Chief Judge shall during such absence or vacancy devolve upon the senior District Court judge.

In the absence or inability of the District Court judge upon whom the powers and duties of the Chief Judge devolve under subsection (1), those powers and duties shall devolve during such absence or inability upon the District Court judge who is next in seniority.

Where the Chief Judge is, or is expected to be, absent from duty or there is a vacancy in the office of Chief Judge, the Governor may appoint a District Court judge to act in the office of Chief Judge for such period as the Governor thinks fit and specifies in the instrument of appointment.

The Governor may at any time revoke the appointment of a District Court judge to act as Chief Judge.

Where —

a District Court judge including the Chief Judge is, or is expected to be, absent from duty, the Governor may appoint a person qualified to be appointed a District Court judge, to act as a District Court judge during the absence from duty of the first mentioned judge or until he completes the trial or hearing of any cause or matter that he had entered upon and not completed before that judge returns to duty, whichever is the later; or

there is a vacancy in the office of a District Court judge, the Governor may appoint a person qualified to be appointed a District Court judge to act as a District Court judge until the filling of that vacancy or until that person completes the trial or hearing of any cause or matter that he or she had entered upon and not completed before the filling of that vacancy, whichever is the later; or

for any reason the conduct of the business of the Court, in the opinion of the Governor, requires such an appointment to be made, the Governor may appoint a person so qualified to act as a District Court judge for such period as the Governor thinks fit and specifies in the instrument of appointment.

A person appointed to be an acting District Court judge under subsection (3) —

has the same powers and may exercise the same jurisdiction as a District Court judge; and

is liable to be removed from office while so acting in the same manner and upon the same grounds as a District Court judge is liable to be removed from office.

[Section 18 amended: No. 7 of 1982 s. 11; No. 122 of 1984 s. 13; No. 23 of 1997 s. 7.]

18A. Auxiliary appointments

When for any reason the conduct of the business of the Court requires, in the opinion of the Governor, the appointment of an auxiliary District Court judge, the Governor may by commission under the Public Seal of the State appoint a person —

who would, but for the fact that he or she has attained the age referred to in section 3 of the Judges’ Retirement Act 1937, be qualified to be appointed a District Court judge; or

who is a retired judge of the Supreme Court or a retired District Court judge but has not yet attained that age,

to be an auxiliary District Court judge for such period not exceeding 12 months as is specified in that commission.

The appointment of an auxiliary District Court judge under subsection (1) authorises him or her to complete the hearing and determination of any proceedings that may be pending before him or her at the expiry of —

the period of his or her appointment; or

any period of extension referred to in subsection (3),

so that he or she holds an appointment as an auxiliary District Court judge during any further period while he or she is completing that hearing and determination.

An appointment made under subsection (1) may be extended by the Governor by commission under the Public Seal of the State for a further period or periods, but that appointment can only be extended on any one occasion for such period not exceeding 12 months as is specified in the relevant commission.

A person appointed to be an auxiliary District Court judge under subsection (1) —

has the same powers and may exercise the same jurisdiction as a District Court judge; and

is liable to be removed from office while so appointed in the same manner and upon the same grounds as a District Court judge is liable to be removed from office.

In subsection (1)(b), the reference to a retired judge of the Supreme Court or a retired District Court judge includes a reference to a person who has resigned from his or her office as —

a judge of the Supreme Court; or

a District Court judge.

[Section 18A inserted: No. 23 of 1997 s. 8; amended: No. 65 of 2003 s. 125(5) and (6).]