Land and Environment Court Act 1979 No 204
11 Acting Judges
(1) The Governor may, by commission under the public seal of the
State, appoint any qualified person to act as a Judge for a time not exceeding
12 months to be specified in the commission.
(2) In subsection (1), qualified person
means a person qualified for appointment as a
(3) The person so appointed shall, for the time and subject to the
conditions or limitations specified in the person’s commission, have and
may exercise the functions of a Judge and shall, for the purposes of this or
any other Act, be deemed to be a Judge.
(3A) The person so appointed may, despite the expiration of the period
of the person’s appointment, complete or otherwise continue to deal with
any matters relating to proceedings that have been heard, or partly heard, by
the person before the expiration of that period.
(3B) While a person completes or otherwise continues under subsection
(3A) to deal with any matters relating to proceedings that have been heard or
partly heard by the person before the expiration of the period of the
person’s appointment, the person has all the entitlements and functions
of a Judge and, for the purpose of those proceedings, is taken to continue to
be a Judge.
(4) A retired Judge of the Court or of another court in New South
Wales (including a retired judicial member of the Industrial Commission or the
Industrial Relations Commission) may be so appointed even though the retired
Judge has reached the age of 72 years (or will have reached that age before
the appointment expires), but may not be so appointed for any period that
extends beyond the day on which he or she reaches the age of 75
(5) The conditions or limitations specified in a commission under this
section may exclude the whole or any part of the period of appointment from
being regarded as prior judicial service (within the meaning of section 8 of
the Judges’ Pensions Act
1953) by the person.