New South Wales Consolidated Acts New South Wales Consolidated ActsSubject to this Schedule, a Commissioner holds office for such term, not exceeding 3 years, as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(1) The office of the Chief Commissioner is a full-time office.
(2) The office of a Commissioner (other than the Chief Commissioner) may be a full-time or part-time office, according to the terms of appointment.
(3) The holder of a full-time office referred to in subclause (1) or (2) is required to hold it on that basis, except to the extent permitted by the Governor.
(1) The employment of a Commissioner is (subject to this Schedule) to be governed by a contract of employment between the Commissioner and the Minister.
(2) The following provisions of or made under the Government Sector Employment Act 2013 relating to the employment of Public Service senior executives apply to a Commissioner (but in the application of those provisions a reference to the employer of any such executive is to be read as a reference to the Minister)--(a) provisions relating to the band in which an executive is to be employed,(b) provisions relating to the contract of employment of an executive,(c) provisions relating to the remuneration, employment benefits and allowances of an executive.
(1) The office of a 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 Minister, 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 under clause 5.
(2) If the office of a Commissioner becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) The Governor may remove a Commissioner from office, but only for incompetence, incapacity or misbehaviour.
(2) A Commissioner cannot be removed from office under Part 6 of the Government Sector Employment Act 2013 .
The office of a Commissioner 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 (except as provided by clause 3).
(1) The Minister may, from time to time, appoint a person to act in the office of a Commissioner during the illness or absence of the Commissioner (or during a vacancy in the office of a Commissioner) and the person, while so acting, has all the functions of the Commissioner and is taken to be the Commissioner.
(2) The Minister 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 Minister may from time to time determine in respect of the person.