New South Wales Consolidated Acts

LOCAL LAND SERVICES ACT 2013 - SCHEDULE 4

SCHEDULE 4 – Administrators

(Section 200 (6))

1 Acting administrator

(1) If, because of illness or absence, an administrator is unable to exercise the functions of his or her office, the Minister may, by notice published in the Gazette, appoint a person to act in that office during the administrator's illness or absence.

(2) The Minister may, at any time, remove from office a person appointed under subclause (1).

2 Vacation of office

(1) The office of administrator becomes vacant if the administrator--

(a) dies, or

(b) resigns the office by instrument in writing addressed to the Minister, or

(c) is removed from office by the Minister, or

(d) 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

(e) becomes a mentally incapacitated person, or

(f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more 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.

(2) The Minister may at any time, by notice published in the Gazette, remove an administrator from office.

3 Effect of certain other Acts

(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to an administrator.

(2) The office of administrator is not, for the purposes of any Act, an office or place of profit under the Crown.

4 Expenses of administrator

An administrator is entitled to be paid, out of the Local Land Services Fund, such remuneration (including travelling and subsistence allowances) as the Minister may direct.

5 Administrator not liable for losses incurred during administration

(1) An administrator is not liable for any loss incurred by Local Land Services during the administrator's term of office unless the loss is attributable to the administrator's intentional misconduct, gross negligence or failure to comply with any provision of this Act.

(2) Neither the Crown nor the Minister is liable for any loss incurred by Local Land Services during an administrator's term of office, whether or not the administrator is so liable.