New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 7 (2))
In this Schedule:
"commissioner" means any commissioner of the Commission, including the
Chairperson.
"part-time commissioner" means a commissioner other than a
full-time Chairperson.
(1) The Chairperson (other than a full-time Chairperson) vacates office as Chairperson if the person:(a) is removed from office by the Governor under this clause, or(b) ceases to be a commissioner.
(2) The Governor may at any time remove the Chairperson (other than a full-time Chairperson) from office as Chairperson.Note: The Public Sector Employment and Management Act 2002 makes provision for the removal of a full-time Chairperson from office.
(3) During any absence of a full-time Chairperson, a person appointed to act in the office of Chairperson under Chapter 2 of the Public Sector Employment and Management Act 2002 may attend any meeting of the Commission, but:(a) is not entitled to preside at the meeting, and(b) is not entitled to vote at the meeting.Note: The office of full-time Chairperson is a public service executive position created under Chapter 2 of the Public Sector Employment and Management Act 2002 . That Act enables the appointment of any other public service officer to act in the position in the absence of the Chairperson or a vacancy in the office of Chairperson.
(4) For the purposes of this clause, a vacancy in the office of Chairperson is taken to be an absence of a full-time Chairperson.
(1) A part-time commissioner may, by the instrument of his or her appointment or by a subsequent instrument executed by the Governor, be appointed as Deputy Chairperson of the Commission.
(2) The Deputy Chairperson vacates office as Deputy Chairperson if the person:(a) is removed from office by the Governor under this clause, or(b) ceases to be a commissioner.
(3) The Governor may at any time remove the Deputy Chairperson from office as Deputy Chairperson.
(1) The Minister may, from time to time, appoint a person to be the deputy of a part-time commissioner, and the Minister may revoke any such appointment.
(2) In the absence of a part-time commissioner, the commissioner’s deputy:(a) may, if available, act in the place of the absent commissioner, and(b) while so acting, has all the functions of the commissioner (other than any functions the commissioner has as Chairperson, acting Chairperson or Deputy Chairperson) and is taken to be a part-time commissioner.
(3) A person while acting in the place of a part-time commissioner 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.
(4) For the purposes of this clause, a vacancy in the office of a part-time commissioner is taken to be an absence of the commissioner.
(1) The Minister may, at the request of the Commission, authorise a part-time commissioner to be engaged on a full-time or other basis on any particular work for the Commission or a committee of the Commission.
(2) A part-time commissioner is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of any such work (in addition to any other remuneration to which the part-time commissioner is entitled under this Schedule).
(3) Any such commissioner continues to be a part-time commissioner for the purposes of this Act.
Subject to this Schedule, a part-time commissioner holds office for such period (not exceeding 5 years) as is specified in the commissioner’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
A part-time commissioner 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 commissioner.
(1) The office of a part-time commissioner becomes vacant if the commissioner:(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 Governor under this clause or under Chapter 5 of the Public Sector Employment and Management Act 2002 , or(e) is absent from 4 consecutive meetings of the Commission of which reasonable notice has been given to the commissioner personally or in the ordinary course of post, except on leave granted by the Commission or unless, before the expiration of 4 weeks after the last of those meetings, the commissioner is excused by the Commission for having been absent from those meetings, or(f) 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(g) becomes a mentally incapacitated person, or(h) is convicted in New South Wales of an offence that is punishable by penal servitude or 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.
(2) The Governor may at any time remove a part-time commissioner from office.
(1) If:(a) a commissioner has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Commission, and(b) the interest appears to raise a conflict with the proper performance of the commissioner’s duties in relation to the consideration of the matter,the commissioner must, as soon as possible after the relevant facts have come to the commissioner’s knowledge, disclose the nature of the interest at a meeting of the Commission.
(2) A disclosure by a commissioner at a meeting of the Commission that the commissioner:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under this clause.
(3) The Commission must cause particulars of any disclosure made under this clause to be recorded in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of such fee as may be determined by the Commission from time to time.
(4) After a commissioner has disclosed the nature of an interest in any matter, the commissioner must not, unless the Minister or the Commission otherwise determines:(a) be present during any deliberation of the Commission with respect to the matter, or(b) take part in any decision of the Commission with respect to the matter.
(5) For the purposes of the making of a determination by the Commission under subclause (4), a commissioner who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Commission for the purpose of making the determination, or(b) take part in the making by the Commission of the determination.
(6) A contravention of this clause does not invalidate any decision of the Commission.
If the office of a part-time commissioner becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) Chapter 2 of the Public Sector Employment and Management Act 2002 does not apply to or in respect of the appointment of a part-time commissioner.
(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, or(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 commissioner or from accepting and retaining any remuneration payable to the person under this Act as such a commissioner.