Western Australian Current Acts

SUPREME COURT ACT 1935 - SECT 11D

11D .         Acting masters

        (1)         While —

            (a)         there is no person holding or acting in the office of master; or

            (b)         there is one person holding or acting in the office of master but, as a consequence of absence on leave, sickness or any other reason, that person is temporarily unable to perform the duties of his office; or

            (c)         there are 2 or more persons holding or acting in the office of master but, as a consequence of absence on leave, sickness or any other reason, at least one of those persons is temporarily unable to perform the duties of his office,

                and no other person is specifically appointed to act in the office of master by a commission issued under subsection (2), the person holding or for the time being acting in the office of Principal Registrar, if qualified to be appointed to the office of master, is deemed to be so appointed and all the duties and powers of a master devolve upon him, but are not exercisable by him in conjunction with his duties and powers as a registrar.

        (2)         Where —

        [(a)         deleted]

            (b)         a master is, or is expected to be, absent or for any reason unable to perform the duties of his office; or

            (c)         for any reason the conduct of the business of the Court, in the opinion of the Governor, requires the appointment of an acting master,

                the Governor by commission under the Public Seal of the State may appoint a person, who is qualified to be appointed to the office of master, to be an acting master on such terms and conditions and for such period as the Governor thinks fit and specifies in the commission.

        (3)         An appointment of a person to be an acting master pursuant to subsection (2) may be made on other than a full-time basis.

        (4)         Where immediately prior to the expiration of the period of an appointment made or deemed to have been made pursuant to this section there remained proceedings pending before the acting master, the appointment of the acting master authorises him to complete the hearing and determination of those proceedings so that he holds an appointment as acting master while he is completing that hearing and determination.

        [Section 11D inserted: No. 67 of 1979 s. 6; amended: No. 3 of 1982 s. 3; No. 47 of 1983 s. 5 and 13; No. 37 of 1989 s. 10; No. 23 of 1997 s. 23.]