New South Wales Consolidated Acts

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JUDICIAL OFFICERS ACT 1986 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to the appointed members of the Commission

(Section 5 (7))

1 Definition

In this Schedule,
"member" means an appointed member of the Commission.

3 Terms of office

Subject to this Schedule, an appointed member shall hold office for such period not exceeding 5 years as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.

4 Filling of vacancy in office of member

If the office of an appointed member becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy.

5 Casual vacancies

(1) An appointed member shall be deemed to have vacated office if the member--
(a) dies,
(b) absents himself or herself from 4 consecutive meetings of the Commission of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for being absent from those meetings,
(c) 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,
(d) becomes a mentally incapacitated person,
(e) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or upwards 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,
(f) resigns the office by instrument in writing addressed to the Minister, or
(h) is removed from office by the Governor under subclause (2).
(2) The Governor may remove an appointed member from office for incapacity, incompetence or misbehaviour.



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