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).]