Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 27

Acting Vice President

    (1)     If there is a vacancy in the office of a Vice President or a Vice President is absent or, for any other reason, is unable to perform the duties of office, an acting Vice President may be appointed in accordance with this section.

    (2)     The appointment of an acting Vice 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. 27(3) amended by No. 5/2013 s. 75.

    (3)     Only a judge of the County Court (other than a reserve judge) may be appointed to act as a Vice President.

    (4)     A judge of the County Court may only be appointed to act as a Vice President after the Minister has consulted the Chief Judge.

    (5)     A person appointed as an acting Vice President in accordance with this section—

        (a)     has all the powers and must perform all the duties of the Vice President for whom he or she is acting; and

        (b)     may resign the acting appointment by delivering to the Minister or the Governor, as the case requires, a signed letter of resignation; and

        (c)     is eligible for re-appointment (however, a person appointed as an acting Vice 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 County Court as an acting Vice President does not affect his or her tenure of office or status as a judge nor the payment of his or her salary or allowances as a judge nor any other rights or privileges that he or she has as a judge.

    (8)     Service in the office of an acting Vice President must be taken for all purposes to be service in the office of judge of the County Court.

    (9)     Nothing in this Act prevents a judge of the County Court appointed as an acting Vice President from constituting the County Court for the purpose of the exercise by the County Court of any of its functions.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback