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HEALTH CARE COMPLAINTS ACT 1993 - SCHEDULE 2

SCHEDULE 2 – Provisions concerning conciliators

(Section 89 (3))

1 Term of office

Subject to this Schedule, a conciliator holds office for such period (not exceeding 5 years) as is specified in the conciliator's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

2 Remuneration

(1) A full-time conciliator 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 conciliator.
(2) A part-time conciliator 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 conciliator.

3 Vacancy in office

(1) The office of a conciliator becomes vacant if the conciliator--
(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) in the case of a full-time conciliator--is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days or for 28 days in any period of 12 months, 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.
(2) The Minister may remove a conciliator from office for misbehaviour, incompetence or incapacity.

4 Effect of certain other Acts

(1) The office of a conciliator 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.
(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 conciliator or from accepting and retaining any remuneration payable to the person under this Act as a part-time conciliator.



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