New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) A Commissioner shall, subject to this Schedule, hold office for a term of 7 years, and shall be, if otherwise qualified, eligible for re-appointment from time to time for further like terms.
(2) A full-time Commissioner shall, except as the Minister may otherwise approve, devote the whole of the Commissioner's time to the duties of the Commissioner's office.
(1) A full-time 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 full-time Commissioner.
(2) A part-time Commissioner 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 Commissioner.
Subject to this Act and the regulations, the leave which may be granted to Commissioners shall be as determined by the Minister from time to time.
The office of a Commissioner 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.
The Governor may remove a Commissioner from office for misbehaviour or incompetence.
A Commissioner shall be deemed to have vacated office if the Commissioner--
(a) dies,
(b) resigns the office by instrument in writing addressed to the Minister,
(c) becomes a mentally incapacitated person, or
(d) is removed from office by the Governor under clause 6.
(1) In this clause--
"statutory body" means any body declared under clause 10 to be a statutory body for the purposes of this Schedule.
"superannuation scheme" means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under any Act.
(2) Subject to subclause (3) and to the terms of appointment, if a full-time Commissioner was, immediately before being appointed as full-time Commissioner--(a) a Public Service employee, or(b) a contributor to a superannuation scheme, or(c) a member of staff of a statutory body, or(d) a person in respect of whom provision was made by an Act for the retention of any rights accrued or accruing to the person as a Public Service employee or member of staff of a statutory body,the Commissioner--(e) retains any rights accrued or accruing to the Commissioner as such an employee, contributor or member of staff, and(f) may continue to contribute to any superannuation scheme to which the Commissioner was a contributor immediately before being appointed as Commissioner, and(g) is entitled to receive any deferred or extended leave and any payment, pension or gratuity,as if the Commissioner had continued to be such an employee, contributor or member of staff during the Commissioner's service as Commissioner, and--(h) the Commissioner's service as Commissioner is taken to be service as an employee or member of staff for the purposes of any law under which those rights accrued or were accruing, under which the Commissioner continues to contribute or by which that entitlement is conferred, and(i) the Commissioner is taken to be an employee or member of staff, and the Government of New South Wales is taken to be the Commissioner's employer, for the purpose of the superannuation scheme to which the Commissioner is entitled to contribute under this subclause.
(3) Where a Commissioner would, but for this subclause, be entitled under subclause (2) of this clause to contribute to a superannuation scheme or to receive any payment, pension or gratuity under that scheme, the Commissioner shall not be so entitled upon the Commissioner's becoming (whether upon being appointed as Commissioner or at any later time while the Commissioner holds office as Commissioner) a contributor to any other superannuation scheme, and the provisions of subclause (2)(i) of this clause cease to apply to or in respect of the Commissioner and the Government of New South Wales in any case where the Commissioner becomes a contributor to such another superannuation scheme.
(4) Subclause (3) of this clause does not prevent the payment to a Commissioner upon the Commissioner's ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to the Commissioner if the Commissioner had ceased, by reason of resignation, to be an employee or member of staff for the purposes of that scheme.
(5) A Commissioner shall not, in respect of the same period of service, be entitled to claim a benefit under this Act and another Act.
(1) In this clause--
"retiring age" means--(a) in relation to a person who was, immediately before being appointed as a full-time Commissioner, a person employed in the Public Service--the age of 60 years, and(b) in relation to a person who was, immediately before being appointed as a full-time Commissioner, a member of staff of a statutory body and except as provided in paragraph (a)--the age at which members of staff (being members of staff of the class to which that person belonged immediately before being appointed as a full-time Commissioner) of that body are entitled to retire.
"statutory body" means any body declared under clause 10 to be a statutory body for the purposes of this Schedule.
(2) If a person ceases to be a full-time Commissioner, otherwise than pursuant to clause 7 (paragraph (b) excepted), the person is, if the person has not attained the retiring age, entitled to be employed, if, immediately before being appointed as full-time Commissioner, the person was--(a) a person employed in the Public Service--in the Public Service, or(b) a member of staff of a statutory body--as a member of staff of that body,at a work level and salary not lower than the level at which the person was employed immediately before being appointed as Commissioner.
The Governor may, by proclamation published in the Gazette, declare any body constituted by or under any Act to be a statutory body for the purposes of this Schedule.