New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The Minister may appoint a member of the Commission (including an Acting Commissioner) to be Acting Chief Commissioner during the absence from duty of the Chief Commissioner.
(2) The next most senior Commissioner is the Acting Chief Commissioner during the absence from duty of the Chief Commissioner if--(a) an Acting Chief Commissioner has not been appointed under subclause (1), or(b) a Commissioner appointed as Acting Chief Commissioner under subclause (1) is absent from duty.
(3) An Acting Chief Commissioner has the functions of the Chief Commissioner and anything done by an Acting Chief Commissioner in the exercise of those functions has effect as if it had been done by the Chief Commissioner.
(4) In this clause, absence from duty includes a vacancy in the office of Chief Commissioner (whether at the time the office is first created or subsequently).
(1) The Governor may, by commission under the public seal of the State, appoint as an Acting Commissioner a person qualified for appointment as such if satisfied that the additional member is necessary to enable the Commission to exercise its functions effectively during the period of the appointment.
(2) The person's appointment is for the period (not exceeding 12 months) specified in the person's commission.
(3) A retired member of the Commission may be appointed as an Acting Commissioner even though the retired member has reached the age of 65 years (or will have reached that age before the appointment expires), but may not be appointed for any period that extends beyond the day on which he or she reaches the age of 72 years.
(4) An Acting Commissioner has the functions of, and is taken to be, a Commissioner, subject to any conditions or limitations as are specified in the Acting Commissioner's commission.
(5) The person so appointed may, despite the expiration of the period of the person's appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before the expiration of that period.
(1) A person of or above the age of 65 years is not eligible to be appointed as a member of the Commission.
(2) However, a person who is or was a member of the Commission may be appointed as such a member after the person reaches the age of 65 years.
(3) Any appointment under subclause (2)--(a) may not be made in respect of a person so as to extend beyond the date on which the person reaches the age of 72 years, and(b) may be made before the person reaches the age of 65 years (in which case the appointment has effect on and from the date the person reaches that age), and(c) is to be made for a term not exceeding 3 years at any one time.
The regulations may make provision for the oaths to be taken by members of the Commission.
A member of the Commission has the same protection and immunities as a Judge of the Supreme Court.
(1) A member of the Commission 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 Minister may from time to time determine in respect of the member.
(1) The office of a member of the Commission becomes vacant if the member is removed or retired from office in accordance with the applicable provisions of Part 9 of the Constitution Act 1902 and Parts 7 and 8 of the Judicial Officers Act 1986 .
(1A) A member of the Commission may only be removed from office in accordance with the provisions of Part 9 of the Constitution Act 1902 relating to removal from judicial office.
(3) The office of a member also becomes vacant if the member--(a) dies, or(b) is appointed for a limited period and the period expires without the member being re-appointed.
(1) This clause applies to a member of the Commission (a
"former member" ) who ceases to hold office as a member because--(a) the term of appointment for the member has expired without the member being re-appointed, or(b) the member has resigned or retired from office.
(2) A former member may, despite ceasing to hold office as a member, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the former member before that cessation.
(3) While a former member completes or otherwise continues under subclause (2) to deal with any matters relating to proceedings that have been heard or partly heard by the member before ceasing to hold office, the former member has all the entitlements and functions of a member of the same kind as he or she was and, for the purpose of those proceedings, is taken to continue to be such a member.
(1) The members of the Commission have seniority according to the following order of precedence--(a) the Chief Commissioner,(d) the Commissioners, according to the days on which their commissions took effect or, if the commissions of 2 or more of them took effect on the same day, according to the precedence assigned to them by their commissions.
(2) If a member is re-appointed under this Act, the member's seniority is to be determined as if there had been no break in the member's service.
(1) The entitlement of a member of the Commission to annual and other leave is to be as stated in the instrument of appointment as a member.
(2) A member of the Commission may be granted leave--(a) in the case of the Chief Commissioner--by the Minister, and(b) in any other case--by the Chief Commissioner.
(1) In this clause--
"eligible member" means a member of the Commission who, immediately before becoming such a member, was a Public Service employee or an officer or employee of a public authority declared by an Act or proclamation to be an authority to which this clause applies.
"superannuation scheme" means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under an Act.
(2) An eligible member--(a) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before becoming an eligible member, and(b) is entitled to receive any payment, pension or gratuity accrued or accruing under the scheme,as if he or she had continued to be such a contributor during service as a member of the Commission.
(3) Service by the eligible member as a member of the Commission is taken to be service as an officer in his or her previous employment for the purposes of any law under which the member continues to contribute to the scheme or by which an entitlement under the scheme is conferred.
(4) The eligible member is to be regarded as an officer or employee, and the State is to be regarded as the employer, for the purposes of the scheme.
(5) This clause ceases to apply to the eligible member if he or she becomes a contributor to another superannuation scheme, but the eligible member is not prevented from receiving a resignation benefit from the first superannuation scheme.
(6) An eligible member retains any rights to annual leave, extended or long service leave and sick leave accrued or accruing in his or her previous employment.
(7) An eligible member is not entitled to claim, under both this Act and any other Act, dual benefits of the same kind for the same period of service.