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
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.
(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
(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
(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.
[Clause 10 amended: No. 60 of 2016 (Vic) s. 11.]