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MOTOR ACCIDENT INJURIES ACT 2017 - SCHEDULE 3

SCHEDULE 3 – Provisions relating to Principal Claims Assessor

(Section 7.5)

1 Term of office

(1) The Principal Claims Assessor holds office for the period, not exceeding 7 years, specified in his or her instrument of appointment.
(2) A person is eligible for re-appointment as Principal Claims Assessor.

2 Remuneration and allowances

The Principal Claims Assessor 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.

3 Acting Principal Claims Assessor

(1) The Minister may, from time to time, appoint a person to act in the office of the Principal Claims Assessor during the illness or absence of the Principal Claims Assessor (or during a vacancy in the office of Principal Claims Assessor) and a person, while so acting, has all the functions of the Principal Claims Assessor.
(2) The Minister may, at any time, remove a person from the office of acting Principal Claims Assessor.
(3) The acting Principal Claims Assessor is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.

4 Vacancy in office

(1) The office of Principal Claims Assessor becomes vacant if the person--
(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 Minister, or
(d) is removed from office by the Minister under this clause or by the Governor under Part 6 of the Government Sector Employment Act 2013 , or
(e) 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
(f) becomes a mentally incapacitated person, or
(g) 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 which, if committed in New South Wales, would be an offence so punishable, or
(h) engages in any paid employment outside the duties of the office of Principal Claims Assessor, except with the consent of the Minister.
(2) The Minister may remove a person from the office of Principal Claims Assessor at any time.

5 Filling of vacancy in office

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

6 Leave

(1) The entitlement of the Principal Claims Assessor to annual and other leave is to be as stated in the Principal Claims Assessor's instrument of appointment.
(2) The Principal Claims Assessor may be granted leave by the chief executive of the Authority.

7 Effect of certain other Acts

The office of Principal Claims Assessor is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office.



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