New South Wales Consolidated Acts

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GOVERNMENT SECTOR EMPLOYMENT ACT 2013 - SCHEDULE 2

SCHEDULE 2 – Provisions relating to Public Service Commissioner

(Section 9)

1 Basis of office of Commissioner

(1) The office of Commissioner is a full-time office and the holder of the office is required to hold it on that basis, except to the extent permitted by the Governor.
(2) The office of Commissioner is a statutory office under this Act and the holder of the office is not employed in the Public Service.

2 Term of office

(1) Subject to this Schedule, the Commissioner holds office for such term not exceeding 7 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(2) A person may not hold the office of Commissioner for terms totalling more than 7 years.

3 Remuneration

The Commissioner is entitled to be paid--

(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 , and
(b) such travelling and subsistence allowances as the Premier may from time to time determine.

4 Vacancy in office

The office of Commissioner becomes vacant if the holder--

(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Governor, or
(d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(e) becomes a mentally incapacitated person, or
(f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
(g) is removed from office by the Governor under section 9.

5 Filling of vacancy

If the office of Commissioner becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

6 Appointment of acting Commissioner

(1) The Premier may, from time to time, appoint a person to act in the office of the Commissioner during the illness or absence of the Commissioner or during a vacancy in the office of the Commissioner. The person, while so acting, has all the functions of the Commissioner and is taken to be the Commissioner (including as a member of the Public Service Commission Advisory Board).
(2) The Premier may, at any time, remove a person from office as acting Commissioner.
(3) An acting Commissioner is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Premier may from time to time determine.

7 Personal liability of Commissioner

A matter or thing done (or omitted to be done) by--

(a) the Commissioner, or
(b) a person acting under the direction of the Commissioner,
does not, if the matter or thing was done (or omitted to be done) in good faith for the purposes of executing this Act (or any other Act that confers functions on the Commissioner), subject the Commissioner or a person so acting personally to any action, liability, claim or demand.



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