Commonwealth Numbered Acts

HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT 25

25. (1) The High Court may appoint a person to act as Clerk-

   (a)  during a vacancy in the office of Clerk, whether or not an appointment
        has previously been made to the office; or

   (b)  during any period, or during all periods, when the Clerk is absent
        from duty or from Australia or is, for any other reason, unable to
        perform the duties of his office, but a person appointed to act during
        a vacancy shall not continue so to act for more than 12 months.

(2) An appointment of a person under sub-section (1) may be expressed to have
effect only in such circumstances as are specified in the instrument of his
appointment.

(3) The Court may-

   (a)  with the concurrence of the Public Service Board, determine the terms
        and conditions of appointment, including remuneration and allowances,
        of a person acting as Clerk; and

   (b)  terminate such an appointment at any time.

(4) Where a person is acting as Clerk in accordance with paragraph (1) (b) and
the office of Clerk becomes vacant while that person is so acting, then,
subject to sub-section (2), that person may continue so to act until the Court
otherwise directs, the vacancy is filled or a period of 12 months from the
date on which the vacancy occurred expires, whichever first happens.

(5) The appointment of a person to act as Clerk ceases to have effect if he
resigns his office by writing signed by him and delivered to the Chief
Justice.

(6) While a person is acting as Clerk, he has and may exercise all the powers
of, and shall perform all the functions of, the Clerk under this Act or any
other law.

(7) The validity of anything done by a person purporting to act under
sub-section (1) shall not be called in question on the ground that the
occasion for his appointment had not arisen, that there is a defect or
irregularity in or in connection with his appointment, that the appointment
had ceased to have effect or that the occasion for him to act had not arisen
or had passed.