New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) If the President is absent from duty, the most senior Deputy President is to be Acting President unless the Minister makes an appointment under subclause (2).
(2) The Minister may appoint a Deputy President to be Acting President during the absence of the President from duty.
(3) The Minister may make any appointment for a particular absence or for any absence that occurs from time to time.
(4) An Acting President has the functions of the President and anything done by an Acting President in the exercise of those functions has effect as if it had been done by the President.
(5) In this clause,
"absence from duty" includes a vacancy in the office of President.
Subject to this Act, a term member holds office for a period (not exceeding 5 years) specified in the member's instrument of appointment, but is eligible for re-appointment.
The Governor may require an oath to be taken by a presidential member.
A member has, in the exercise of functions performed as a member, the same protection and immunities as a Judge of the Supreme Court.
(1) A member is entitled to be paid--(a) such remuneration as is determined by the Minister, and(b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the member.
(2) Without limiting subclause (1), the Minister may make different determinations for the purposes of this clause for different classes of members or members exercising different classes of functions.
(3) However, the Minister may not make a determination in relation to a term member that operates to reduce the remuneration of the member during his or her term of office.
(4) A member is not, if a Judge of a New South Wales Court and while receiving remuneration as such a Judge, entitled to remuneration under this Act.
(5) In this clause,
"Judge of a New South Wales Court" includes a NSW judicial officer.
(1) The President cannot be removed from office except by the Governor on an address from both Houses of Parliament in the same session seeking removal on the ground of proved misbehaviour or incapacity and in accordance with the applicable provisions of Parts 7 and 8 of the Judicial Officers Act 1986 . However, simply because the President is removed from office under this subclause does not affect the person's tenure as a judicial officer.
(2) The President may be suspended or retired from office in accordance with the applicable provisions of Parts 7 and 8 of the Judicial Officers Act 1986 .
(3) If the President is suspended from office and is remunerated as President at the time of the suspension, he or she is entitled to be paid remuneration as President during the period of suspension at the current rate applicable to the office.
(4) The office of President becomes vacant if the President--(a) dies, or(b) is removed from office or retires in accordance with this clause, or(c) completes a term of office and is not re-appointed, or(d) resigns the office by written instrument addressed to the Governor, or(e) ceases to hold office as a Judge of the Supreme Court.
(1) The office of a member (other than the President) becomes vacant if the member--(a) dies, or(b) in the case of a term member--completes a term of office and is not re-appointed, or(c) in the case of an occasional member--when the proceedings in relation to which the member has been appointed as an occasional member have been finally determined for the purposes of section 11, or(d) resigns the office by written instrument addressed to the Minister, or(e) is nominated for election as a member of the Legislative Council or of the Legislative Assembly or as a member of a House of Parliament or a legislature of another State or Territory or of the Commonwealth, or(f) 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(g) becomes a mentally incapacitated person, or(h) 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(i) is removed from office under subclause (2).
(2) The Governor may remove a member (other than the President) from office for incapacity, incompetence or misbehaviour.
(1) This clause applies to a member (an
"affected member" ) dealing with any matters relating to proceedings before the Tribunal that have been heard or partly heard (or were otherwise the subject of deliberations) by the member if, during the proceedings, the member--(a) ceases to have a qualification specified by a Division Schedule for a Division of the Tribunal or enabling legislation for participation in the proceedings other than because of any of the following reasons--(i) misconduct or unsatisfactory conduct of the member,(ii) the mental incapacity of the member,(iii) the member becoming bankrupt or insolvent, or(b) ceases to be a member because of the expiration of the period of the member's appointment,or both.
(2) An affected member may, despite becoming an affected member, complete or otherwise continue to deal with any matters in the proceedings concerned.
(3) While completing or otherwise dealing with matters referred to in subclause (2), the affected member is taken to have and may exercise all the rights and functions of a member that the affected member had immediately before becoming an affected member.
(1) The entitlement of a term member to annual and other leave is to be as stated in the instrument of appointment as a member.
(2) A member may be granted leave--(a) in the case of the President--by the Minister, and(b) in any other case--by the President.
(3) This clause is subject to clause 5.
(1) In this clause--
"eligible member" means a term member who, immediately before becoming such a member, was a public servant 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.
(3) Service by the eligible member as a member 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.
(1) The appointment of a person who is the holder of a judicial office as a member, or service as a member by a person who is the holder of a judicial office, does not affect--(a) the person's tenure of that judicial office, or(b) the person's rank, title, status, remuneration or other rights or privileges as the holder of that judicial office.
(2) The person's service as a member is, for all purposes, taken to be service as the holder of that judicial office.
(3) In this clause--
"judicial office" means an office of a Judge of a court of New South Wales (including a NSW judicial officer).
(1) The President may--(a) delegate to a Division Head of a Division of the Tribunal or other member any of the functions of the President (other than this power of delegation), or(b) delegate to a registrar or any other member of staff of the Tribunal any of the functions of the President (other than this power of delegation) prescribed by the procedural rules.Note--: Section 49 of the Interpretation Act 1987 contains general provisions relating to the delegation of functions.
(2) The Division Head of a Division of the Tribunal may--(a) delegate to a List Manager of the Division any of the functions of the Division Head (other than this power of delegation), or(b) delegate to a registrar or any other member of staff of the Tribunal any of the functions of the Division Head (other than this power of delegation) prescribed by the procedural rules.
The regulations may make provision for or with respect to--
(a) the disclosure by members of interests (whether pecuniary or otherwise) that could conflict with the proper performance of the functions of a member in proceedings, and
(b) the participation of members in proceedings in which there may be a conflict of interest (including the effect of participation on the validity of decisions made in the proceedings).
(1) The Government Sector Employment Act 2013 does not apply to the appointment of a member, and the holder of the office is not, as holder, subject to that Act.
(2) If, by or under any Act, provision is made--(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or(b) prohibiting the person from engaging in employment outside the duties of that office,the provision does not operate to disqualify the person from holding that office and also the office of a part-time member or from accepting and retaining any remuneration payable to the person under this Act as a part-time member.
(1) Subject to subclause (2), all of the provisions of this Schedule apply to acting members.
(2) Clause 2 does not apply to an appointment by or under section 15.
(3) In this clause,
"acting member" means a person appointed by or under this Act to act as a member.