An Act to make provision for granting leave to judges to enable them to accept and hold office in certain judicial offices in the service of the Independent State of Papua New Guinea.
1 Name of Act
This Act may be cited as the Judicial Office (Papua New Guinea) Act 1979.
2 Interpretation
(1) In this Act:appointed day means a day specified in a proclamation under subsection (2) as the appointed day for the purposes of this Act.head of the jurisdiction:(a) in relation to a judge of the Supreme Court of New South Wales, means the Chief Justice of that Court,(b) in relation to a member of the Industrial Commission of New South Wales, means the President of that Commission,(c) in relation to a judge of the District Court, means the Chief Judge of that Court, and(d) in relation to a member of the Workers’ Compensation Commission, means the Chairman of that Commission.judge has the meaning ascribed thereto by section 2 (1) of the Judges’ Pensions Act 1953, but does not include a person in his capacity as Chairman of the Crown Employees Appeal Board.(2) The Governor may, by proclamation published in the Gazette, specify a day as the appointed day for the purposes of this Act.
3 Leave to take judicial office in the Independent State of Papua New Guinea
(1) The Governor, on application made by a judge, may, by instrument in writing, with the concurrence in writing of the appropriate head of the jurisdiction, grant to that judge leave for him to be absent from his office as a judge for the purpose of enabling him to accept and hold the judicial office in the service of the Independent State of Papua New Guinea that is specified in the instrument.(2) Leave granted to a judge under subsection (1) commences on the day specified in the instrument granting him the leave as the day on which the leave commences and expires:(a) upon the expiration of the period (being a period not exceeding 12 months) specified in that instrument as the period for which it was granted or of such additional period or periods as the Governor, on application made by the judge, may, by instrument in writing, determine,(b) upon the expiration of the period specified in the instrument granting him the leave as the period within which he is to take office in the judicial office so specified, unless he has taken office in that judicial office before the expiration of that period,(c) upon his ceasing, otherwise than by reason of his death, to hold the judicial office specified in the instrument granting him the leave,(d) upon his attaining the retiring age for judges holding the office of judge, being the office of judge of the same kind as that held by him immediately before the leave commenced, if he attains that age before his leave would, but for this paragraph, expire, orwhichever first happens.(e) upon his death, if he dies before his leave would, but for this paragraph, expire,(3) Leave shall not be granted to a judge under subsection (1):(a) to commence earlier than the appointed day, or(b) to expire after the expiration of 2 years after the appointed day.
4 Judge’s status while on leave
While a judge is on leave granted to him under section 3 (1) he retains the office as a judge held by him immediately before the leave commenced but is not entitled to exercise or perform any jurisdiction, powers, authorities, duties or functions as the holder of that office of judge.
5 Resumption of office by judge
Upon the expiration, under section 3 (2) (a), (b) or (c), of leave granted to a judge under section 3 (1) the judge is entitled to, and shall, resume the exercise and performance of the jurisdiction, powers, authorities, duties and functions attaching to the office as a judge held by him immediately before the leave commenced.
6 Operation of Judges’ Pensions Act 1953
The Judges’ Pensions Act 1953 applies to and in respect of a judge to whom leave has been granted under section 3 (1) as if any period of that leave taken by him were, for the purposes of that Act, part of the period of his service as a judge.