Appointment by Governor - General
(1) A Judicial Deputy President is to be appointed by the Governor - General, by written instrument, on the recommendation of the Minister.
(2) Before the Minister makes a recommendation to the Governor - General, the Minister must:
(a) consult the Chief Justice of the court of which the person is a Judge; and
(b) seek, and take into account, the advice of the President in relation to:
(i) whether the appointment would meet the operational needs of the Tribunal; and
(ii) the effect of the appointment on the number of Judicial Deputy Presidents relative to the number of Non - Judicial Deputy Presidents, senior members and general members.
Qualification for appointment
(3) A person must not be appointed as a Judicial Deputy President unless the person is:
(a) a Judge of the Federal Court; or
(b) a Judge of the Federal Circuit and Family Court of Australia (Division 1).
Period of appointment
(4) A Judicial Deputy President holds office for a period of 5 years unless a shorter period is specified in the instrument of appointment.
(5) If the instrument of appointment specifies a shorter period, the instrument must state the reasons why the shorter period is specified.
Basis of appointment
(6) A Judicial Deputy President must be appointed on a sessional basis.