New South Wales Consolidated Acts

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JUDICIAL OFFICERS ACT 1986 - SECT 43I

Judicial office not affected by appointment to another judicial office

43I Judicial office not affected by appointment to another judicial office

(1) In this section--

"court" includes a tribunal (however described) that exercises functions of a judicial nature or functions of a similar nature (such as conciliation functions, arbitration functions, disciplinary functions or administrative review functions).

"judicial office" extends to the office of any member of a court, but only if the holder of the office is required to be a judicial officer or have legal qualifications.
(2) The doctrine of incompatibility of office--
(a) does not operate to prevent the holder of a judicial office (the
"original office" ) from being appointed to another judicial office (the
"additional office" ), and
(b) does not operate to effect or require the surrender or vacation of the original office as a result of the appointment to the additional office.
(3) This section applies--
(a) even if the original office or the additional office is held on an acting or temporary basis, and
(b) even if the original office or the additional office is a judicial office of another jurisdiction (including, but not limited to, judicial offices to which appointments are made in accordance with arrangements under Division 1), and
(c) even if an appeal lies from a decision of the court of one of the judicial offices to the court of the other judicial office, and
(d) even if the courts of the judicial offices are not of the same status.



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