New South Wales Consolidated Acts

LAND AND ENVIRONMENT COURT ACT 1979 - SECT 13

13 Acting Commissioners

(1) The Governor may appoint any qualified person to act as a Commissioner of the Court for a time not exceeding 5 years to be specified in the instrument of appointment.

(2) In subsection (1),
"qualified person" means a person qualified for appointment as a Commissioner.

(3) The person so appointed has and may exercise, for the time and subject to the conditions or limitations specified in the instrument of appointment, the functions of a Commissioner and is, for the purposes of this or any other Act, deemed to be--

(a) in the case of a person acting on a full-time basis--a full-time Commissioner, and

(b) in the case of a person acting on a part-time basis--a part-time Commissioner.

(4) An acting Commissioner 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 acting Commissioner.

(5) The provisions of the Government Sector Employment Act 2013 do not apply to or in respect of the appointment of an acting Commissioner, and an acting Commissioner is not, in the acting Commissioner's capacity as such, subject to those provisions during the acting Commissioner's term of office.

(6) A person so appointed may, despite the expiration of the term of the person's appointment, complete or otherwise continue to deal with any matter relating to proceedings that have been heard or partly heard, or a conciliation conference that has been presided over or partly presided over, by the person before the expiration of that term.

(7) While a person completes or otherwise continues under subsection (6) to deal with any matters relating to proceedings or a conciliation conference, the person has all the entitlements and functions of a Commissioner (in the case of a person who acted on a full-time basis) or a part-time Commissioner (in the case of a person who acted on a part-time basis) and, for the purpose of those proceedings or that conference, is taken to continue to be a full-time Commissioner or part-time Commissioner (as the case may be).