Western Australian Consolidated Acts

CHILDREN'S COURT OF WESTERN AUSTRALIA ACT 1988 - SECT 9

9 .         Acting judge

        (1)         Where —

            (a)         a judge is or is expected to be absent from duty for any reason;

            (b)         a judge declines to deal with any matter;

            (c)         an office of judge is vacant; or

            (d)         for any reason the conduct of the business of the Court, in the opinion of the Governor, requires such an appointment to be made,

                the Governor, on the recommendation of the Attorney General, may appoint a person qualified to be a judge to be an acting judge, to perform the functions of the judge when the judge is so absent or so declines or the office is vacant or in the circumstances referred to in paragraph (d).

        (2)         Subject to subsection (4), an acting judge has the same functions, rights and immunities and is subject to the same rules and conditions as a judge would have or would be subject to in performing those functions.

        (3)         An appointment as acting judge and any act, matter or thing done in performing functions as provided by subsection (1) shall not be questioned on the ground that the occasion for the appointment had not arisen or had ceased.

        (4)         An acting judge is entitled to such remuneration, allowances, and leave of absence as is determined by the Governor.

        (5)         An acting judge may be designated by the Governor as President of the Court.