New South Wales Consolidated Acts

SUPREME COURT ACT 1970 - SECT 37B

37B Land and Environment Court Judges may act as Supreme Court Judges

(1) This section applies to the Chief Judge and each of the other Judges of the Land and Environment Court (an
"eligible judicial officer" ), but not to an acting Judge of that Court.

(2) An eligible judicial officer may act as a Judge for a particular period or in relation to particular proceedings in the Court if--

(a) the Chief Justice certifies that it is expedient that the eligible judicial officer should act as a Judge of the Court for the period or in relation to the proceedings, and

(b) the eligible judicial officer consents to acting as a Judge for the period or in relation to the proceedings, and

(c) in the case where the eligible judicial officer is not the Chief Judge of the Land and Environment Court--the Chief Judge consents to the eligible judicial officer acting as a Judge for the period or in relation to the proceedings.

(3) The following provisions apply to and in respect of an eligible judicial officer who acts as a Judge of the Court pursuant to the provisions of this section--

(a) the eligible judicial officer has, while acting as a Judge, all the powers, authorities, privileges and immunities of a Judge of the Supreme Court,

(b) the eligible judicial officer may attend the sittings of the Court for the purpose of giving judgment in, or otherwise completing, any proceedings which have been heard by the Court while the eligible judicial officer was acting as a Judge in the proceedings even if the eligible judicial officer is no longer acting as a Judge,

(c) the eligible judicial officer is not, while receiving remuneration as a Judge of the Land and Environment Court, entitled to remuneration for acting as a Judge of the Supreme Court,

(d) any service of the eligible judicial officer while acting as a Judge is taken for all purposes (including for the purposes of the Land and Environment Court Act 1979 and the Judges' Pensions Act 1953 ) to be service as a Judge of the Land and Environment Court,

(e) nothing in this Act or any other law requires the eligible judicial officer to devote the whole of his or her time to the duties of acting as a Judge of the Supreme Court.

(4) If the eligible judicial officer holds office as the Chief Judge of the Land and Environment Court, a reference in subsection (3) to remuneration or service as a Judge of the Land and Environment Court is to be read as a reference to remuneration or service in that office.

(5) Nothing in this section limits the operation of section 37A, or of section 3 of the Criminal Appeal Act 1912 , in their application to the Chief Judge of the Land and Environment Court.