Victorian Current Acts Victorian Current Acts(1) If there is a vacancy in the office of President or the President is absent or, for any other reason, is unable to perform the duties of office, an acting President may be appointed in accordance with this section.
(2) The appointment of an acting President may be made by the Minister, for a term not exceeding 3 months, or by the Governor in Council, for a term not exceeding 6 months.
S. 26(3) amended by No. 5/2013 s. 74(1).
(3) Only a Vice President or a judge of the Supreme Court (other than a reserve judge) may be appointed to act as President.
S. 26(3A) inserted by No. 5/2013 s. 74(2).
(3A) A Vice President appointed under section 11A must not be appointed as acting President.
(4) A judge of the Supreme Court may only be appointed to act as President after the Minister has consulted the Chief Justice.
(5) A person appointed as acting President in accordance with this section—
(a) has all the powers and must perform all the duties of the President; and
(b) if not a judge of the Supreme Court, is entitled to be paid the salary and allowances for the time being payable to a judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal); and
(c) may resign the acting appointment by delivering to the Minister or the Governor, as the case requires, a signed letter of resignation; and
(d) is eligible for re-appointment (however, a person appointed as acting President by the Minister may only be re-appointed by the Governor in Council).
(6) The Minister or the Governor in Council, as the case requires, may at any time terminate an acting appointment.
(7) The appointment of a judge of the Supreme Court or a Vice President as acting President does not affect his or her tenure of office or status as a judge nor any other rights or privileges that he or she has as a judge nor, in the case of a judge of the Supreme Court, the payment of his or her salary or allowances as a judge.
(8) Service in the office of acting President must be taken for all purposes to be service in the office of judge of the Supreme Court or County Court, as the case requires.
(9) Nothing in this Act prevents a judge of the Supreme Court or a Vice President appointed as acting President from constituting the Supreme Court or County Court, as the case requires, for the purpose of the exercise by that Court of any of its functions.