New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 140 (3))
A person is eligible to be appointed as the President or Deputy President if the person is--
(a) a person who holds or has held office as a judge of the Supreme Court or the District Court, or as a judge of an equivalent court of another State or a Territory, or
(b) a person who holds or has held office as a judge of the Federal Court or the High Court, or
(c) a person who is qualified to be appointed as a judge referred to in this clause.
(1) A member holds office for the period specified in the member's instrument of appointment.
(2) The term of an appointment must not exceed 7 years.
(3) A member is eligible for re-appointment.
A full-time member must devote the whole of his or her time to the duties of the office of member, except as permitted by this Act or except with the consent of the Minister.
A Deputy President, although not appointed on a part-time basis, may, by agreement in writing entered into with the President, exercise the functions of Deputy President on a part-time basis.
(1) The President and a Deputy President are 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 President or a Deputy President.
(1A) However, a President who is a full-time member of the Tribunal and a judge (other than an acting judge) is not, while receiving a salary or allowance as a judge, entitled to remuneration under this Act.
(2) A member, other than the President or a Deputy President, 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.
(1) The appointment of a person who is the holder of a judicial office as a President, or service by a person who is the holder of a judicial office as a President, does not affect the person's tenure of that judicial office or the person's rank, title, status, precedence, salary, allowances or other rights or privileges as the holder of that judicial office.
(2) For all purposes, the person's service as a President is to be taken to be service as the holder of that judicial office.
(3) This clause extends to any person who, at the commencement of this clause, is a current President and the holder of a judicial office.
(4) In this clause,
"judicial office" means an office of judge but does not include an office of acting judge.
(1) A Deputy President, while holding office as a Deputy President, has, subject to the conditions of appointment specified in the instrument of appointment and to any direction given by the President, the powers, authorities, privileges and immunities of and is to perform the duties of the President.
(2) No person is to be concerned to inquire whether or not any occasion has arisen authorising a Deputy President to exercise the functions of the President and all acts or things done or omitted or suffered to be done by a Deputy President when exercising those functions are as valid and effectual and have the same consequences as if they had been done or omitted or suffered to be done by the President.
(1) The Minister may, from time to time, appoint as the deputy of a member, a person who holds the same qualifications, if any, as are required to be held by the person for whom he or she is the deputy.
(2) In the absence of a member, the member's deputy--(a) is, if available, to act in the place of the member, and(b) while so acting, has all the functions of the member and is to be taken to be the member.
(3) Subject to clause 6 (1), the deputy of a member who is the President or a Deputy President has the member's functions as President or Deputy President.
(4) A person while acting in the place of a member 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 person.
(1) The office of a member becomes vacant if the member--(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) is removed from office by the Minister under this clause or by the Governor under Part 6 of the Government Sector Employment Act 2013 , or(e) 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(f) becomes a mentally incapacitated person, or(g) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or(h) being a full-time member, engages in any paid employment outside the duties of the office of member, except with the consent of the Minister.
(2) The Minister may remove a member from office at any time.
If the office of a member becomes vacant, a person who holds the same qualification, if any, as the member whose office has become vacant is, subject to this Act, to be appointed to fill the vacancy.
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.
(2) If by or under any Act provision is made--(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, and(b) prohibiting the person from engaging in employment outside the duties of that office,the provision does not operate to disqualify the person from holding that office and also the office of a part-time member or from accepting and retaining any remuneration payable to the person under this Act as such a part-time member.
(3) The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.
(1) In this clause--
"statutory body" means any body declared under clause 12 to be a statutory body for the purposes of this Schedule.
"superannuation scheme" means a scheme, fund or arrangement established by or under an Act under which any superannuation or retirement benefits are provided.
(2) This clause applies to a member who, immediately before being appointed as a member, was--(a) a Public Service employee, an officer of the Teaching Service or a member of staff of the NSW Health Service, 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 any Act for the retention of any rights accrued or accruing to the person as such an employee, officer or member of staff.
(3) Subject to the terms of the member's appointment, the member--(a) is to retain any rights accrued or accruing to the member as such an employee, officer, contributor or member of staff, and(b) may continue to contribute to any superannuation scheme to which the member was a contributor immediately before being appointed as a member, and(c) is entitled to receive any deferred or extended leave and any payment, pension or gratuity,as if the member had continued to be such an employee, officer, contributor or member of staff during his or her service as a member.
(4) Service as a member is to be regarded as service as an employee, officer or member of staff for the purpose of any law under which any such rights accrued or were accruing, under which he or she continues to contribute to any such superannuation scheme or by which any such entitlement is conferred.
(5) For the purposes of the superannuation scheme to which the member is entitled to contribute under this clause, the member is to be regarded as an employee, officer or member of staff and the Government of New South Wales is to be regarded as the employer.
(6) If a member would, but for this subclause, be entitled under subclause (3) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme--(a) he or she is not so entitled on becoming (whether on appointment as a member or at any later time while holding office as a member) a contributor to any other superannuation scheme, and(b) the provisions of subclause (5) cease to apply to or in respect of him or her in any case where he or she becomes a contributor to any such other superannuation scheme.
(7) Subclause (6) does not prevent the payment to a member (on his or her ceasing to be a contributor to a superannuation scheme) of such amount as would have been payable to him or her if he or she had ceased, by reason of resignation, to be an employee, officer or member of staff for the purposes of the scheme.
(8) A member is not, in respect of the same period of service, entitled to claim a benefit under this Act and another Act.
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.