SCHEDULE 5 - Official Visitors

Section 155(4)

1.    Term of office

(1) The Principal Official Visitor holds office for such term, not exceeding 5 years, as is specified in his or her instrument of appointment.

(2) An Official Visitor holds office for such term, not exceeding 3 years, as is specified in his or her instrument of appointment.

(3) If eligible, a person may be appointed to the office of Principal Official Visitor or Official Visitor any number of times.

2.    Holding other office

The holder of an office who is required by the terms of his or her employment to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of Principal Official Visitor or Official Visitor; or

(b) accepting any remuneration payable to the Principal Official Visitor or an Official Visitor.

3.    State Service Act

The State Service Act 2000 does not apply to the office of Principal Official Visitor or Official Visitor.

4.    Remuneration and conditions of appointment

(1) The Principal Official Visitor is entitled to be paid such remuneration and allowances as are specified in his or her instrument of appointment.

(2) An Official Visitor is entitled to be paid such remuneration and allowances as the Minister may approve.

(3) However, a State Service officer or State Service employee is not entitled to be paid any remuneration or allowances under this clause except with the approval of the Minister administering the State Service Act 2000 .

(4) The Principal Official Visitor and an Official Visitor hold office on such conditions relating to matters not provided for by this Act as are specified in their respective instruments of appointment.

5.    Vacation of office of Principal Official Visitor, &c.

(1) The Principal Official Visitor vacates office if he or she –

(a) dies in office; or

(b) resigns by notice to the Governor; or

(c) is removed from office.

(2) The Governor, on the recommendation of the Minister, may remove a person from the office of Principal Official Visitor if the person –

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration or estate for their benefit; or

(b) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a period exceeding 12 months; or

(c) is convicted of an offence against this Act; or

(d) is given an approval of any kind under section 138 or 139 .

(3) The Governor, on the recommendation of the Minister, may remove a person from the office of Principal Official Visitor if satisfied that the person –

(a) has engaged in behaviour that is incompatible with the standing of the office or compromises the person's ability to perform the functions of the office; or

(b) has acquired a financial or other interest of a kind that would render the person ineligible for appointment to the office; or

(c) has, as a result of any action or development, a conflict of interest with regard to the functions of the office; or

(d) is unable, for some other reason, to adequately or competently perform functions of the office.

(4) The Principal Official Visitor must not be removed from office otherwise than in accordance with this clause.

6.    Vacation of office of Official Visitor, &c.

(1) An Official Visitor vacates office if he or she –

(a) dies in office; or

(b) resigns by notice to the Principal Official Visitor; or

(c) is removed from office.

(2) The Principal Official Visitor may remove a person from the office of Official Visitor if the person –

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration or estate for their benefit; or

(b) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a period exceeding 12 months; or

(c) is convicted of an offence against this Act; or

(d) is given an approval of any kind under section 138 or 139 .

(3) The Principal Official Visitor may remove a person from the office of Official Visitor if satisfied that the person –

(a) has engaged in behaviour that is incompatible with the standing of the office or compromises the person's ability to perform the functions of the office; or

(b) has acquired a financial or other interest of a kind that that would render the person ineligible for appointment to the office; or

(c) has, as a result of any action or development, a conflict of interest with regard to the functions of the office; or

(d) has blatantly or repeatedly contravened a code of conduct issued under section 156(3) ; or

(e) has blatantly or repeatedly acted contrary to directions issued by the Principal Official Visitor; or

(f) is unable, for some other reason, to adequately or competently perform functions of the office.

(4) An Official Visitor must not be removed from office otherwise than in accordance with this clause.