(1) A person nominated by a judicial member of the Courts Council ( the nominee of that member) may act as a judicial member of the Courts Council in the absence of the judicial member.
(2) The nominee of a judicial member of the Courts Council must be—
(a) in the case of the nominee of the President of VCAT—a Vice President or Deputy President of VCAT; or
(b) in the case of the nominee of any other judicial member—a judicial officer of the jurisdiction of that member.
(3) While a nominee is acting in the absence of a judicial member of the Courts Council—
(a) the nominee may exercise any of the powers or functions of the judicial member; and
(b) a reference in this Division to the judicial member of the Courts Council is to read as a reference to the nominee.