New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The Vice-President is the Acting President during the absence from duty of the President.
(2) If the President and the Vice-President are or are to be both absent from duty, the Minister may appoint a Deputy President to be Acting President during the absence.
(3) 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.
(4) In this clause,
"absence from duty" includes a vacancy in the relevant office.
(1) The Governor may, by commission under the public seal of the State, appoint as an Acting Deputy President or Acting Commissioner a person qualified for appointment if satisfied the additional member is necessary to enable the Commission to exercise its functions effectively during the period of the appointment.
(2) The person's appointment is for the period, not exceeding 12 months, specified in the person's commission.
(3) An Acting Deputy President or Acting Commissioner has the functions of, and is taken to be, a Deputy President or Commissioner, as the case requires, subject to the conditions or limitations specified in the person's commission.
(4) The person appointed may, despite the expiration of the period of the person's appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before the expiration of the period.
(1) The Governor may, by commission under the public seal of the State, appoint as an acting member of the Commission in Court Session (an
"acting judicial member" ) a person qualified for appointment as a judicial member, including an acting member of the Commission who is qualified.
(2) A person who was formerly a judicial member or a Judge of another court may be appointed as an acting judicial member, and also appointed as an Acting Deputy President or Acting Commissioner under clause 2, even though the person has reached 75 years of age, or will have reached that age before the appointment expires.
(3) However, the person must not be appointed for any period that extends beyond the date the person reaches 78 years of age.
(4) The person's appointment as an acting judicial member is for the period, not exceeding 5 years, specified in the person's commission.
(5) Subject to any conditions or limitations specified in the person's commission, an acting judicial member--(a) has the functions of a judicial member, and(b) is taken to be a judicial member.
(6) The conditions specified in the commission may exclude the whole or a part of the period of appointment as an acting judicial member from being regarded as a period of prior judicial service as referred to in the Judges' Pensions Act 1953 , section 8(2).
(7) The person appointed may, despite the expiration of the period of the person's appointment, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the person before the expiration of the period.
A person who has reached 75 years of age is not eligible to be appointed as a judicial member.
(1) A person of or above the age of 65 years is not eligible to be appointed as a member of the Commission, unless the person is or is to be appointed as a judicial member.
(2) However, a person who is or was a member of the Commission may be appointed as such a member after the person reaches the age of 65 years.
(3) Any appointment under subclause (2)--(a) may not be made in respect of a person so as to extend beyond the date on which the person reaches the age of 72 years, and(b) may be made before the person reaches the age of 65 years (in which case the appointment has effect on and from the date the person reaches that age), and(c) is to be made for a term not exceeding 3 years at any one time.
The regulations may make provision for the oaths to be taken by members of the Commission, including judicial members.
(1) Each judicial member has the same rank, title, status and precedence, and, subject to subclause (3), the same remuneration and other rights, as a Judge of the Supreme Court, other than the Chief Justice or the President or a Judge of the Court of Appeal.
(2) In particular, a judicial member is entitled to be called a Judge and to use the title of "Justice".
(3) The remuneration of a judicial member who is the President, Vice-President or a Deputy President of the Commission must be determined under the Statutory and Other Offices Remuneration Act 1975 .
A member of the Commission who is not a judicial member has the same protection and immunities as a judicial member.
(1) A member of the Commission, other than a member who is also a judicial member, 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 member.
(2) A member of the Commission who is also a judicial member is only entitled to be paid remuneration as a judicial member.
(1) The office of a member of the Commission, including a judicial member, becomes vacant if the member is removed or retired from office in accordance with the applicable provisions of the Constitution Act 1902 , Part 9 and the Judicial Officers Act 1986 , Parts 7 and 8.
(2) A member of the Commission who is not a judicial member may be removed from office only in accordance with the provisions of the Constitution Act 1902 , Part 9 relating to the removal from office of judicial members.
(3) A member of the Commission who is also a judicial member ceases to hold both offices if removed or retired from either office.
(4) The office of a member also becomes vacant if the member--(a) dies, or(b) is appointed for a limited period and the period expires without the member being re-appointed.
(1) This clause applies to a member of the Commission (a
"former member" ) who ceases to hold office as a member because--(a) the term of appointment for the member has expired without the member being re-appointed, or(b) the member has resigned or retired from office.
(2) A former member may, despite ceasing to hold office as a member, complete or otherwise continue to deal with any matters relating to proceedings that have been heard, or partly heard, by the former member before that cessation.
(3) While a former member completes or otherwise continues under subclause (2) to deal with any matters relating to proceedings that have been heard or partly heard by the member before ceasing to hold office, the former member has all the entitlements and functions of a member of the same kind as he or she was and, for the purpose of those proceedings, is taken to continue to be such a member.
(3A) To avoid doubt, a former member who held office as the President cannot exercise the functions of the President and is not taken to be the President.
(4) This clause does not apply in relation to an acting judicial member who ceases to hold office.Note--: See clause 3(7) in relation to former acting judicial members.
(1) The members of the Commission have seniority according to the following order of precedence--(a) the President,(b) the Vice-President,(c) Deputy Presidents according to the days on which their commissions took effect or, if the commissions of 2 or more Deputy Presidents took effect on the same day, according to the precedence assigned to the Deputy Presidents by their commissions,(d) Commissioners according to the days on which their commissions took effect or, if the commissions of 2 or more Commissioners took effect on the same day, according to the precedence assigned to the Commissioners by their commissions.
(2) If a member is re-appointed under this Act, the member's seniority is to be determined as if there had been no break in the member's service.
(1) The entitlement of a member of the Commission to annual and other leave is to be as stated in the instrument of appointment as a member.
(2) A member of the Commission 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 7.
(1) In this clause--
"eligible member" means a member of the Commission who, immediately before becoming such a member, was a Public Service employee 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 of the Commission.
(3) Service by the eligible member as a member of the Commission 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.