10—Appointment of President
(1) The President of
the Tribunal will be a judge of the Supreme Court or the District Court
appointed by the Governor, by proclamation, to be the President of the
Tribunal.
(1a) If the person
appointed to be President of the Tribunal was, immediately before their
appointment as President, a judge of the District Court, the judge will, by
virtue of holding the office of President, have the same rank, title, status
and precedence as a judge of the Supreme Court.
(2) The appointment of
a judge as President of the Tribunal does not affect—
(a) the
judge's tenure of office or status as a judge; or
(b) the
payment of the judge's salary or allowances as a judge (subject to the
operation of subsection (6)); or
(c) the
ability of the person to do anything in the person's capacity as a judge
(including as to the exercise of the jurisdiction of the Supreme Court or
the District Court, as the case may be); or
(d) any
other right or privilege that the judge has as a judge.
(3) Service in the
office of President of the Tribunal is taken, for all purposes, to constitute
service as—
(a) in
the case of a judge who was, immediately before appointment as President, a
Supreme Court judge—a judge of the Supreme Court; or
(b) in
the case of a judge who was, immediately before appointment as President, a
District Court judge—a judge of the District Court.
(4) The appointment of
a judge as the President of the Tribunal will be for a term of 5 years
(and the person is eligible for reappointment at the expiration of a term of
office).
(5) Subject to
subsections (2) and (3), an appointment may be subject to conditions
determined by the Governor.
(6) Without limiting
subsection (5), the Remuneration Tribunal may determine that the
President's salary or allowances as a judge will have an additional component
on account of holding office under this Act (and the jurisdiction to make such
a determination is conferred on the Remuneration Tribunal by this Act).
(7) Any salary or
allowances payable as an additional component of remuneration under
subsection (6) cannot be reduced during the person's term of office as
President.
(8) A person ceases to
be the President of the Tribunal if—
(a) the
person ceases to be a judge of the Supreme Court or the District Court
(as the case may be); or
(b) the
person, with the approval of the Governor, resigns as President by written
notice to the Attorney-General; or
(c) the
person completes a term of office and is not reappointed; or
(d) the
appointment is revoked by the Governor, on the recommendation of the
Attorney-General, for—
(i)
mental or physical incapacity to carry out duties
satisfactorily; or
(ii)
neglect of duty; or
(iii)
dishonourable conduct; or
(e) the
person dies.
(9) Nothing under
subsection (8)(b), (c) or (d) affects the person's tenure or status
as a judge.
(10) Before the
Governor makes a proclamation under this section, the Attorney-General must
consult with the Chief Justice.