South Australian Numbered Acts South Australian Numbered Acts14—Appointment of Deputy Presidents
(1) A Deputy President will be—
(a) a judge of the District Court appointed by the Governor, by proclamation, to be a Deputy President of the Tribunal; or
(b) a person who is eligible for appointment as a judge of the District Court appointed by the Governor to be a Deputy President of the Tribunal.
(2) The appointment of a judge of the District Court as a Deputy President of the Tribunal under subsection (1)(a) does not affect—
(a) the judge's tenure of office or status as a judge; or
(b) the payment of the judge's salary or allowances as a judge (subject to the operation of subsection (6)); or
(c) the ability of the person to do anything in the person's capacity as a judge (including as to the exercise of the jurisdiction of the District Court); or
(d) any other right or privilege that the judge has as a judge of the District Court.
(3) Service in the office of Deputy President of the Tribunal by a judge of the District Court is taken, for all purposes, to constitute service as a judge of that Court.
(4) The appointment of a judge as a Deputy President of the Tribunal will be for a period of 5 years (and the person is eligible for reappointment at the expiration of a term of office).
(5) Subject to subsections (2) and (3), an appointment under subsection (1)(a) may be subject to conditions determined by the Governor.
(6) Without limiting subsection (5), in the case of an appointment under subsection (1)(a), the Remuneration Tribunal may determine that a Deputy President's salary or allowance as a judge will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act).
(7) Any salary or allowances payable as an additional component of remuneration under subsection (6) cannot be reduced during the person's term of office as a Deputy President of the Tribunal.
(8) The appointment of a person as a Deputy President of the Tribunal under subsection (1)(b)—
(a) will be for a term of 5 years (and the person is eligible for reappointment at the expiration of a term of office); and
(b) will be on a full-time or part-time basis (and this may be altered from time to time with the agreement of the Attorney-General and the President of the Tribunal).
(9) An appointment under subsection (1)(b) may be subject to conditions determined by the Governor.
(10) Without limiting subsection (9), in the case of an appointment under subsection (1)(b), the Remuneration Tribunal will determine the salary or allowances to be paid to the person on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act).
(11) The remuneration of a Deputy President of the Tribunal appointed under subsection (1)(b) (including any salary or allowances) cannot be reduced during the person's term of office as a Deputy President of the Tribunal (unless the reduction is related to a reduction in the person's hours of service over a particular period under an agreement entered into under subsection (8)(b)).
(12) A person ceases to be a Deputy President of the Tribunal if—
(a) in the case of an appointment under subsection (1)(a)—the person ceases to be a judge of the District Court; or
(b) the person resigns as Deputy President by written notice to the Attorney-General; or
(c) the person completes a term of office and is not reappointed; or
(d) the appointment is revoked by the Governor, on the recommendation of the Attorney-General, for—
(i) mental or physical incapacity to carry out duties satisfactorily; or
(ii) neglect of duty; or
(iii) dishonourable conduct; or
(e) the person dies.
(13) Nothing in subsection (12)(b), (c) or (d) affects a person's tenure or status as a judge (in the case of an appointment under subsection (1)(a)).
(14) A judge of the District Court may only act under subsection (12)(b) with the approval of the Governor.
(15) The Attorney-General must consult with the President of the Tribunal before making a recommendation under subsection (12)(d).
(16) Before the Governor makes a proclamation under this section, the Attorney-General must consult with the Chief Justice and the Chief Judge.