New South Wales Consolidated Acts

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SCHEDULE 4 – Legal Services Commissioner

1 Term of office

(1) The NSW Commissioner holds office for such term, not exceeding 5 years, as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(2) A person is not eligible to be appointed for more than 2 terms of office as NSW Commissioner (whether or not consecutive terms).

2 Full-time office

The office of NSW Commissioner is a full-time office and the holder of the office is required to hold it on that basis, except to the extent permitted by the Minister.

3 Employment and remuneration

(1) The employment of the NSW Commissioner is (subject to this Schedule) to be governed by a contract of employment between the NSW Commissioner and the Minister.
(2) The following provisions of or made under the Government Sector Employment Act 2013 relating to the employment of Public Service senior executives apply to the NSW Commissioner (but in the application of those provisions a reference to the employer of any such executive is to be read as a reference to the Minister)--
(a) provisions relating to the band in which an executive is to be employed,
(b) provisions relating to the contract of employment of an executive,
(c) provisions relating to the remuneration, employment benefits and allowances of an executive.

4 Vacancy in office

(1) The office of NSW Commissioner becomes vacant if the holder--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to 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, or
(g) has held the office for more than 10 years in total, as referred to in clause 1, or
(h) is removed from office under clause 5.
(2) If the office of NSW Commissioner becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

5 Removal from office

The Governor may remove the NSW Commissioner from office, but only for incompetence, incapacity or misbehaviour.

6 NSW Commissioner not Public Service employee

The office of NSW 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 (except as provided by clause 3).

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