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DISTRICT COURT OF WESTERN AUSTRALIA ACT 1969 - SECT 18A

DISTRICT COURT OF WESTERN AUSTRALIA ACT 1969 - SECT 18A

18A .         Auxiliary appointments

        (1)         When for any reason the conduct of the business of the Court requires, in the opinion of the Governor, the appointment of an auxiliary District Court judge, the Governor may by commission under the Public Seal of the State appoint a person —

            (a)         who would, but for the fact that he or she has attained the age referred to in section 3 of the Judges’ Retirement Act 1937 , be qualified to be appointed a District Court judge; or

            (b)         who is a retired judge of the Supreme Court or a retired District Court judge but has not yet attained that age,

                to be an auxiliary District Court judge for such period not exceeding 12 months as is specified in that commission.

        (2)         The appointment of an auxiliary District Court judge under subsection (1) authorises him or her to complete the hearing and determination of any proceedings that may be pending before him or her at the expiry of —

            (a)         the period of his or her appointment; or

            (b)         any period of extension referred to in subsection (3),

                so that he or she holds an appointment as an auxiliary District Court judge during any further period while he or she is completing that hearing and determination.

        (3)         An appointment made under subsection (1) may be extended by the Governor by commission under the Public Seal of the State for a further period or periods, but that appointment can only be extended on any one occasion for such period not exceeding 12 months as is specified in the relevant commission.

        (4)         A person appointed to be an auxiliary District Court judge under subsection (1) —

            (a)         has the same powers and may exercise the same jurisdiction as a District Court judge; and

            (b)         is liable to be removed from office while so appointed in the same manner and upon the same grounds as a District Court judge is liable to be removed from office.

        (5)         In subsection (1)(b), the reference to a retired judge of the Supreme Court or a retired District Court judge includes a reference to a person who has resigned from his or her office as —

            (a)         a judge of the Supreme Court; or

            (b)         a District Court judge.

        [Section 18A inserted: No. 23 of 1997 s. 8; amended: No. 65 of 2003 s. 125(5) and (6).]