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LEGAL PROFESSION UNIFORM LAW (NSW) - SCHEDULE 2

SCHEDULE 2 – Provisions relating to Commissioner

Section 399

Part 1 - Introduction

1 Definition

In this Schedule--

"host Attorney-General" means the host Attorney-General for this Law (the Attorney-General of Victoria).

Part 2 - Appointment and tenure of office

2 Appointment of Commissioner

The host Attorney-General is to appoint a person as Commissioner on the recommendation of the Standing Committee and with the concurrence of the Council.

Note: See clause 8 of Schedule 4 for the initial appointment of the Commissioner.

3 Term of office of Commissioner

(1) The Commissioner is to be appointed for a term, not exceeding 5 years, specified in his or her instrument of appointment, but is eligible for reappointment.
(2) The Commissioner cannot be appointed for terms, whether consecutive or non-consecutive, that total more than 10 years.

4 Remuneration of Commissioner

The Commissioner is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Standing Committee may from time to time determine.

5 Vacancy in office of Commissioner

(1) The office of Commissioner becomes vacant if he or she--
(a) completes a term of office and is not reappointed; or
(b) resigns the office by written instrument addressed to the host Attorney-General; or
(c) has his or her appointment terminated by the host Attorney-General under this clause; or
(d) dies.
(2) The host Attorney-General may terminate the Commissioner's appointment after consultation with the Standing Committee--
(a) for incapacity, incompetence, misbehaviour or unsatisfactory performance; or
(b) for contravening a condition of the Commissioner's appointment contained in his or her instrument of appointment; or
(c) without limitation, if--
(i) the Commissioner has been found guilty of an offence (whether in Australia or elsewhere) that, in the opinion of the host Attorney-General, renders the Commissioner unfit to continue to hold the office of Commissioner; or
(ii) the Commissioner becomes an insolvent under administration.

6 Acting Commissioner

(1) The Council may appoint a person to act as Commissioner--
(a) during a vacancy in the office of Commissioner; or
(b) during a period, or all periods, when the Commissioner is absent from duty or, for any other reason, is unable to perform the duties of the office.
(2) The Council may appoint a person as Acting Commissioner only if the Council considers that he or she has sufficient knowledge of legal practice and the legal system to be able to exercise the functions of the Commissioner.
(3) An acting appointment is for the term, not exceeding 6 months, specified in the instrument of appointment and a person appointed to act is eligible for reappointment.
(4) The Acting Commissioner--
(a) has all the functions of the Commissioner; and
(b) is entitled to be paid the remuneration and allowances that the Commissioner would have been entitled to for exercising those functions.
(5) The Council may remove the Acting Commissioner from office at any time.

Part 3 - Staff, consultants and contractors of Commissioner

7 Staff of Commissioner

(1) Persons may be employed in the Public Service of New South Wales under the Government Sector Employment Act 2013 of New South Wales to enable the Commissioner to exercise his or her functions.
(2) Despite section 7 of this Law--
(a) the Interpretation Act 1987 of New South Wales; and
(b) any other relevant Acts of New South Wales relating to the interpretation of legislation of New South Wales--
apply to the interpretation of the Government Sector Employment Act 2013 of New South Wales for the purposes of this clause.

8 Secondment of staff to Commissioner

The Commissioner may arrange for the services of any of the following persons to be made available to the Commissioner in connection with the exercise of his or her functions--

(a) members of the staff of a government authority;
(b) members of the staff of a local regulatory authority;
(c) members of the staff of the Council.

9 Consultants and contractors of Commissioner

(1) The Commissioner may engage persons with suitable qualifications and experience as consultants or contractors for the purpose of providing services to the Commissioner.
(2) The terms and conditions of engagement of consultants or contractors are as decided by the Commissioner from time to time.

Part 4 - Annual reports of Commissioner

10 Annual reports

(1) The Commissioner must, within 4 months after the end of each financial year, submit an annual report for the financial year to the Council.
(2) The annual report must include--
(a) a financial statement for the Commissioner for the period to which the report relates; and
(b) statistical information about complaints received, resolved and determined; and
(c) a report containing information regarding compliance functions; and
(d) audit information submitted by fidelity authorities for fidelity funds.
(3) The financial statement is to be prepared in accordance with Australian Accounting Standards .
(4) The financial statement is to be audited and a report is to be provided by the auditor.
(4A) The financial statement may be combined with the financial statement required by clause 26 of Schedule 1.
(5) The Council may extend, or further extend, the period for submission of an annual report to the Council by a total period of up to 2 months.
(6) The Council is to provide the Standing Committee with a copy of the Commissioner's annual report as soon as practicable after it is received by the Council.
(7) The Standing Committee is to make arrangements for the tabling of the annual report of the Commissioner and the report of the auditor with respect to the financial statement in the report, in the Parliament of each participating jurisdiction.



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