South Australian Numbered Acts

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SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 (NO 59 OF 2013) - SECT 16

16—Acting Deputy Presidents

        (1)         If there is a vacancy in an office of Deputy President or a Deputy President is absent or for any other reason is unable to perform the duties of office, the Attorney-General may appoint a person to act as a Deputy President for a period not exceeding 6 months.

        (2)         An appointment under this section must be made in writing.

        (3)         The Attorney-General may only appoint—

            (a)         a judge of the District Court; or

            (b)         a person who is eligible for appointment as a judge of the District Court (who may already be a member of the Tribunal on some other basis),

to act as a Deputy President.

        (4)         The Attorney-General must consult with the President of the Tribunal before making an appointment under subsection (3) and with the Chief Judge before making an appointment under subsection (3)(a).

        (5)         A person appointed to act as a Deputy President

            (a)         has all the functions of a Deputy President; and

            (b)         is taken to be a Deputy President for all purposes related to this Act or a relevant Act (and the other provisions of this subdivision apply with any necessary modifications in relation to a person appointed under this section).

        (6)         However, if the person appointed to act as a Deputy President is not a judge of the District Court, the person is, for the period of appointment, entitled to be paid any salary or allowances determined by the Attorney-General after consultation with the President of the Tribunal (with a judge of the District Court being paid any salary and allowances of a Deputy President).

        (7)         A person appointed to act as a Deputy President may be appointed to act as a Deputy President for a further period—

            (a)         by the Attorney-General, if the appointment is continuous on 1 or more of the person's previous appointments as an acting Deputy President and the total period of continuous appointments does not exceed 6 months; or

            (b)         by the Governor in other circumstances.

        (8)         The Governor may at any time, on the recommendation of the Attorney-General, cancel the appointment of a person to act as a Deputy President.

        (9)         Before the Governor acts under subsection (8), the Attorney-General must consult with—

            (a)         the President of the Tribunal (unless the Attorney-General is acting at the request of the President); and

            (b)         if the relevant person is a judge of the District Court—the Chief Judge.



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