Western Australian Current Acts

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23 .         Effect of acting as judge

        (1)         A person appointed to be an acting judge, other than an acting Chief Judge, is entitled, for so long as the appointment is effective —

            (a)         to be paid salary and to receive allowances or reimbursements at the same rate as if the person had been substantively appointed as a judge other than the Chief Judge; and

            (b)         to the style and title of a judge other than the Chief Judge.

        (2)         Section 18 applies to an acting judge as if the acting judge were a judge for the purposes of that section.

        (3)         If an acting judge is appointed a judge then, for the purposes of the Judges’ Salaries and Pensions Act 1950 , the period of service as an acting judge is to be treated as service as a judge.

        (4)         An acting judge has the same functions, rights and immunities as a judge has and is subject to the same rules and conditions as a judge would be subject to in performing those functions.

        (5)         Neither the appointment of an acting judge nor any act, matter or thing done in the performance of an acting judge’s functions is to be questioned on the ground that the occasion for the appointment had not arisen or had ceased.

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