South Australian Numbered Acts

STATUTES AMENDMENT (SOUTH AUSTRALIAN EMPLOYMENT TRIBUNAL) ACT 2016 (NO 63 OF 2016) - SECT 9

9—Substitution of section 10

Section 10—delete the section and substitute:

10—Appointment of President

        (1)         The President of the Tribunal will be a judge of the District Court appointed by the Governor, by proclamation, to be the President of the Tribunal.

        (2)         The President of the Tribunal will, by virtue of holding that office, have the same rank, title, status and precedence as a judge of the Supreme Court.

        (3)         Furthermore, the appointment of a judge of the District Court as President of the Tribunal does not affect—

            (a)         the judge's tenure of office or status as a judge; or

            (b)         the payment of the judge's salary or allowances as a judge (subject to the operation of subsection (7)

); or

            (c)         the ability of the person to do anything in the person's capacity as a judge (including as to the exercise of the jurisdiction of the District Court); or

            (d)         any other right or privilege that the judge has as a judge.

        (4)         Service in the office of President of the Tribunal is taken, for all purposes, to constitute service as a judge of the District Court.

        (5)         Subject to subsections (3)

and (4)

, an appointment may be subject to conditions determined by the Governor.

        (6)         Without limiting subsection (5)

, the Remuneration Tribunal may determine that the President's salary or allowances as a judge will have an additional component on account of holding office under this Act (and the jurisdiction to make such a determination is conferred on the Remuneration Tribunal by this Act).

        (7)         Any salary or allowances payable as an additional component of remuneration under subsection (6)

cannot be reduced during the person's term of office as President.

        (8)         A person ceases to be the President of the Tribunal if—

            (a)         the person ceases to be a judge of the District Court; or

            (b)         the person, with the approval of the Governor, resigns as President by written notice to the Attorney-General; or

            (c)         the person dies.

        (9)         Nothing under subsection (8)(b)

affects the person's tenure or status as a judge.

        (10)         Before the Governor makes a proclamation under this section, the Attorney-General must consult with the Chief Justice and the Chief Judge.