New South Wales Consolidated Acts New South Wales Consolidated Acts(Sections 18 and 20)
(1) Long illness or absence The Governor may, from time to time, appoint a person to act in the office of Chief Commissioner, Commissioner or Assistant Commissioner during the illness or absence of the Chief Commissioner, Commissioner or Assistant Commissioner.
(2) Standing appointments of alternates An appointment may be made under subclause (1) of a person (an
"alternate Commissioner" ) to act in the office of Chief Commissioner, Commissioner or Assistant Commissioner from time to time during the illness or absence at short notice of the Chief Commissioner, Commissioner or Assistant Commissioner. An alternate Commissioner may act in an office in respect of which the alternate Commissioner is appointed at the request of the Minister.
(4) A person is not eligible to be appointed as an alternate Commissioner to act in the office of a Commissioner or Assistant Commissioner unless the person has special legal qualifications.
(5) Short illness or absence The Minister may appoint a person to act in the office of Chief Commissioner, Commissioner or Assistant Commissioner during the illness or absence of the Chief Commissioner, Commissioner or Assistant Commissioner if the Minister has reason to believe that the duration of the illness or absence will not exceed 30 days. The Minister is not to make an appointment if there is a subsisting appointment under subclause (1).
(6) The person, while acting under this clause, has all the functions of the Chief Commissioner, Commissioner or Assistant Commissioner and is to be taken to be the Chief Commissioner, Commissioner or Assistant Commissioner.
(7) The Governor or Minister may, at any time, remove a person from the office to which the person was appointed by the Governor or Minister, respectively, under this clause.
(8) A person while acting under this clause is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor or Minister may from time to time determine.
(9) For the purposes of this clause--(a) a vacancy in the office of Chief Commissioner, Commissioner or Assistant Commissioner is taken to be an absence from office of the Chief Commissioner, Commissioner or Assistant Commissioner, and(b) a Commissioner is taken to be absent from office as a Commissioner during any period when the Commissioner acts in the office of the Chief Commissioner pursuant to an appointment under this clause.
(1) The Chief Commissioner may--(a) from time to time, appoint--(i) a Commissioner to act as Chief Commissioner during the absence of the Chief Commissioner for a period of not more than 30 days, or(ii) appoint an officer of the Commission with special legal qualifications to act as a Commissioner, other than the Chief Commissioner, for a period of not more than 30 days, and(b) revoke an appointment under paragraph (a)(i) or (ii).
(2) An appointment of an acting Commissioner is revoked--(a) if the appointment is revoked under subclause (1)(b), or(b) on the appointment of an acting Commissioner to the office by the Governor or Minister.
(3) An acting Commissioner appointed by the Chief Commissioner to act in an office is entitled to be paid the remuneration, including any allowances, to which a person who holds the office is entitled.
(1) The office of Chief Commissioner is a full-time office.
(2) The office of a member of the Commission (other than the Chief Commissioner), or of an Assistant Commissioner, may be a full-time or part-time office, according to the terms of appointment.
(3) The holder of a full-time office referred to in subclause (1) or (2) is required to hold it on that basis, except to the extent permitted by the Governor.
(1) Subject to this Schedule, a member of the Commission, an Assistant Commissioner or an alternate Commissioner (a
"relevant office" ) holds office for the term specified in the instrument of appointment and is eligible, if otherwise qualified, for re-appointment.
(2) A person may not, including on an acting basis, hold--(a) a relevant office for more than 5 years, or(b) a combination of relevant offices for a total of more than 10 years.
(1) The Chief Commissioner and any other full-time member of the Commission or Assistant 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.
(2) A part-time member of the Commission or Assistant 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 member or Assistant Commissioner.
(3) An alternate 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 alternate Commissioner.
(4) A member of the Commission, Assistant Commissioner or alternate Commissioner 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.
(1) The appointment of a person who is the holder of a judicial office as a member of the Commission, Assistant Commissioner or alternate Commissioner, or service by a person who is the holder of a judicial office as a member of the Commission, Assistant Commissioner or alternate Commissioner, 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 a member of the Commission, Assistant Commissioner or alternate Commissioner 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.
(1) This clause applies to a person--(a) who was a Judge of the Supreme Court or the District Court before being appointed as a member of the Commission or Assistant Commissioner (whether on a regular or an acting basis), and(b) whose resignation as a Judge took effect immediately before the appointment as a member of the Commission or Assistant Commissioner took effect, and(c) whose instrument of appointment as a member of the Commission or Assistant Commissioner 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 a member of the Commission or Assistant Commissioner.
(2A) The person becomes, from the time the person ceases to hold office as a member of the Commission or Assistant Commissioner--(a) if the person was a Judge of the Supreme Court before being appointed as a member of the Commission or Assistant Commissioner--a Judge of the Supreme Court again, or(b) if the person was a Judge of the District Court before being appointed as a member of the Commission or Assistant Commissioner--a Judge of the District Court again.
(2B) Subclauses (2) and (2A) do not apply in relation to any other judicial office held by the person.
(3) For the purposes of the Judges' Pensions Act 1953 --(a) service by the person as a member of the Commission or Assistant Commissioner is taken to be service as a Judge, and(b) references to a Judge or judicial office include references to the person in his or her capacity as a member of the Commission or Assistant Commissioner and the office of member of the Commission or Assistant Commissioner, and(c) references to notional judicial salary are, in relation to the person while a member of the Commission or Assistant Commissioner, 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 a member of the Commission or Assistant Commissioner.
(4) Subclauses (2) and (2A) do not apply to the person if--(a) the person so requests by letter to the Minister, or(b) the person is removed from office as a member of the Commission or Assistant Commissioner by the Governor under clause 7 (2) on the ground of incapacity, incompetence or misbehaviour.
(5) For the purposes of this clause, a re-appointment of the person as a member of the Commission or Assistant Commissioner without a break is taken to be a continuation of the previous appointment as such a member of the Commission or Assistant Commissioner.
(1) The office of a member of the Commission, Assistant Commissioner or alternate Commissioner 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 term of office for which the person is appointed or holds--(i) the office for more than 5 years, or(ii) a combination of offices for a total of more than 10 years, or(d) resigns the office by instrument in writing addressed to the Minister, 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) is absent from duty for 14 days (whether or not wholly or partly consecutive) in any period of 12 months, except on leave granted by the Minister or unless the absence results from illness or other unavoidable cause, or(g) engages in any paid employment outside the duties of his or her office, except with the consent of the Minister, or(h) 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(i) becomes a mentally incapacitated person, or(j) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted outside of New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(k) is removed from office under this clause.
(2) The Governor may remove a member of the Commission, Assistant Commissioner or alternate Commissioner from office for incapacity, incompetence or misbehaviour.
(1) If the office of Chief Commissioner becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(2) If the office of any other member of the Commission, Assistant Commissioner or alternate Commissioner becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.
The offices of member of the Commission, Assistant Commissioner and alternate Commissioner are statutory offices and the Government Sector Employment Act 2013 does not apply to those offices.
(1) A person must not be appointed as Chief Commissioner or Commissioner until--(a) a proposal that the person be so appointed has been referred to the Joint Committee under section 31BA of the Ombudsman Act 1974 , and(b) the period that the Joint Committee has under that section to veto the proposed appointment has ended without the Joint Committee having vetoed the proposed appointment or the Joint 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.