South Australian Current Acts

SUPREME COURT ACT 1935 - SECT 10

10—Acting Chief Justice and Acting President

        (1)         If—

            (a)         the Chief Justice is absent or, for any reason, is unable for the time being to carry out the duties of the office; or

            (b)         the office of the Chief Justice becomes vacant,

the Governor may appoint—

            (c)         the President; or

            (d)         if the President is absent or, for any reason, is unable for the time being to carry out the duties of the office—a puisne judge of the court,

to be Acting Chief Justice until the Chief Justice returns to official duties or a person is appointed to the office of the Chief Justice (as the case requires).

        (2)         If—

            (a)         the President is absent or, for any reason, is unable for the time being to carry out the duties of the office; or

            (b)         the office of the President becomes vacant,

the Governor may appoint a puisne judge of the court to be Acting President until the President returns to official duties or a person is appointed to the office of the President (as the case requires).

        (3)         Any power or duty attached to the office of the Chief Justice or President by or under this or any other Act—

            (a)         on the appointment of a judge to be Acting Chief Justice or Acting President, devolves on the judge so appointed; or

            (b)         if no such appointment is made, devolves—

                  (i)         during the absence or inability of the Chief Justice or until a vacancy in the office of Chief Justice is filled—

                        (A)         on the President; or

                        (B)         if the President is absent or, for any reason, is unable for the time being to carry out the duties of the office—on the most senior of the puisne judges appointed to the Court of Appeal who is available to undertake those responsibilities; or

                  (ii)         during the absence or inability of the President or until a vacancy in the office of President is filled—on the most senior of the puisne judges appointed to the Court of Appeal who is available to undertake those responsibilities.