South Australian Current Acts

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SOUTH AUSTRALIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 10

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.



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