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INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SCHEDULE 1A

SCHEDULE 1A – Provisions relating to Inspector and Assistant Inspector

(Section 57A (2))

1A References to Inspector include references to Assistant Inspector

A reference in this Schedule to the Inspector is taken to include a reference to an Assistant Inspector, except--

(a) in clauses 8 and 10, and
(b) as may be provided by the regulations.

1 Eligibility for appointment

A person is not eligible to be appointed as Inspector or to act in that office if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth.

2 Acting Inspector

(1) The Governor may, from time to time, appoint a person to act in the office of Inspector during the illness or absence of the Inspector. The person, while so acting, has all the functions of the Inspector and is taken to be the Inspector.
(2) The Governor may, at any time, remove a person from the office to which the person was appointed under this clause.
(3) A person while acting under this clause is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine.
(4) For the purposes of this clause, a vacancy in the office of Inspector is taken to be an absence from office of Inspector.

3 Basis of office

(1) The office of Inspector may be a full-time or part-time office, according to the terms of appointment.
(2) The holder of a full-time office referred to in subclause (1) is required to hold it on that basis, except to the extent permitted by the Governor.

4 Terms of office

(1) Subject to this Schedule, the Inspector holds office for such term not exceeding 5 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(2) A person may not hold the office of Inspector for terms totalling more than 10 years.

5 Remuneration

(1) The Inspector is entitled to be paid such remuneration (including travelling and subsistence allowances) as may be specified in the instrument of appointment or as may be afterwards determined by the Governor from time to time.
(2) A determination does not operate so as to reduce the rate at which remuneration is payable during the person's current term of office.
(3) The Inspector 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.

6 Provisions where Judge is holding office as Inspector

(1) The appointment of a person who is the holder of a judicial office as Inspector or service by a person who is the holder of a judicial office as Inspector 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 Inspector 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 Judge of a court of New South Wales.

6A Appointment of Supreme Court or District Court Judge as Inspector

(1) This clause applies to a person--
(a) who was a Judge of the Supreme Court or the District Court before being appointed as Inspector, whether on a regular or an acting basis, and
(b) whose resignation as a Judge took effect immediately before the appointment as Inspector took effect, and
(c) whose instrument of appointment as Inspector declared that the person's commission as a Judge is to revive by force of this clause, and
(d) who consented by letter to the Minister to the application of this clause.
(2) The person's commission as a Judge revives by force of this clause when the person ceases to hold office as Inspector.
(3) The person becomes, from the time the person ceases to hold office as Inspector--
(a) if the person was a Judge of the Supreme Court before being appointed as Inspector--a Judge of the Supreme Court again, or
(b) if the person was a Judge of the District Court before being appointed as Inspector--a Judge of the District Court again.
(4) Subclauses (2) and (3) do not apply in relation to any other judicial office held by the person.
(5) For the purposes of the Judges' Pensions Act 1953 --
(a) service by the person as Inspector is taken to be service as a Judge, and
(b) references to a Judge or judicial office include references to the person in the person's capacity as Inspector and the office of Inspector, and
(c) references to notional judicial salary are, in relation to the person while Inspector, references to the salary payable to the holder of a judicial office having a status equivalent to that of the judicial office held by the person immediately before being appointed as Inspector.
(6) Subclauses (2) and (3) do not apply to the person if--
(a) the person makes a request by letter to the Minister, or
(b) the person is removed from office as Inspector by the Governor on the address of both Houses of Parliament under clause 7(2).
(7) For the purposes of this clause, a reappointment of the person as Inspector without a break is taken to be a continuation of the previous appointment as Inspector.

7 Vacancy in office

(1) Vacancies The office of Inspector becomes vacant if the holder--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) holds office for longer than the relevant term mentioned in clause 4, or
(d) resigns the office by instrument in writing addressed to the Governor, 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) Removal from office The Inspector may be removed from office by the Governor on the address of both Houses of Parliament.

8 Filling of vacancy

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

9 Effect of certain other Acts

(1) The office of Inspector 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 other 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 Inspector or from accepting and retaining any remuneration payable to the person under this Act as Inspector.

10 Veto of proposed appointment of Inspector

(1) A person is not to be appointed as Inspector until--
(a) a proposal that the person be so appointed has been referred to the Joint Committee under section 64A, and
(b) the period that the Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment.
(2) A person may be proposed for appointment on more than one occasion.
(3) In this clause,
"appointment" includes re-appointment.



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