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ABORIGINAL LAND RIGHTS ACT 1983 - SCHEDULE 1

ABORIGINAL LAND RIGHTS ACT 1983 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to the Registrar

(Section 164(2))

1 Term of office

Subject to this Act, the Registrar is to be appointed for such term, not exceeding 7 years, as is specified in the relevant instrument of appointment, but is (if otherwise qualified) eligible for re-appointment.

2 Remuneration

The Registrar is 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.

3 Registrar a statutory officer and not Public Service employee

The office of Registrar 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.

4 Vacancy in office

The office of Registrar becomes vacant if the Registrar--

(a) dies, or
(b) engages in New South Wales or elsewhere during his or her term of office in any paid employment outside the duties of his or her office without the approval of the Minister, or
(c) 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, allowances or estate for their benefit, or
(d) absents himself or herself from duty for a period exceeding 14 consecutive days, except on leave granted by the Minister, 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) resigns the office by instrument in writing addressed to the Minister, or
(h) is removed from office under clause 5.

5 Removal from office

The Governor may remove the Registrar from office for incapacity, misbehaviour or incompetence.

6 Superannuation and leave--preservation of rights

(1) In this clause--


"superannuation scheme" means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under an Act.
(2) A person appointed as Registrar--
(a) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before becoming Registrar, and
(b) is entitled to receive any payment, pension or gratuity accrued or accruing under the scheme,
as if he or she had continued to be such a contributor during service as Registrar.
(3) Service by a person as Registrar is taken to be service as an officer in his or her previous employment for the purposes of any law under which the member continues to contribute to the scheme or by which an entitlement under the scheme is conferred.
(4) The Registrar is to be regarded as an officer or employee, and the State is to be regarded as the employer, for the purposes of the scheme.
(5) This clause ceases to apply to the Registrar if he or she becomes a contributor to another superannuation scheme, but the Registrar is not prevented from receiving a resignation benefit from the first superannuation scheme.
(6) A person appointed as Registrar retains any rights to annual leave, extended or long service leave and sick leave accrued or accruing in his or her previous employment.
(7) A Registrar is not entitled to claim, under both this Act and any other Act, dual benefits of the same kind for the same period of service.