Western Australian Numbered Acts

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STATE ADMINISTRATIVE TRIBUNAL ACT 2004 (NO. 54 OF 2004) - SECT 128

128 .         Appointment to act as President

        (1)         If there is, or is expected to be, a vacancy in the office of President or the President is, or is expected to be, absent or, for any other reason, unable to perform the duties of office, a person may be appointed in accordance with this section to act in the office of President.

        (2)         The appointment is to be for a term not exceeding 6 months specified in the instrument of appointment and it may be made —

            (a)         by the Governor; or

            (b)         if the appointment is for a term not exceeding 3 months and the Minister has not previously appointed the person under this section, by the Minister.

        (3)         A person cannot be appointed to act in the office of President unless the person is a Judge of the Supreme Court.

        (4)         Before appointing a person, or recommending that the Governor appoint a person, to act in the office of President, the Minister is to consult the Chief Justice of Western Australia.

        (5)         A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.



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