New South Wales Consolidated Acts

HOMEFUND COMMISSIONER ACT 1993 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to Commissioner

(Section 5)

1 Appointment of acting Commissioner

(1) The Minister may, from time to time, appoint a person to act in the office of the Commissioner during the illness or absence of the Commissioner (or during a vacancy in the office of the Commissioner). The person, while so acting, has all the functions of the Commissioner and is taken to be the Commissioner.

(2) The Minister may, at any time, remove a person from office as acting Commissioner.

(3) An acting Commissioner is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.

2 Terms and conditions of appointment

(1) Subject to this Act, the Commissioner holds office on terms and conditions approved by the Minister.

(2) Subject to clause 4, the Commissioner holds office for such period (not exceeding 2 years) as is specified in the Commissioner’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3 Remuneration

The Commissioner is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.

4 Vacancy in office

(1) The office of Commissioner becomes vacant on the expiry of this Act or if the holder of the office:

(a) dies, or

(b) completes a term of office and is not re-appointed, or

(c) resigns the office by letter addressed to the Minister, or

(d) is removed from office by the Governor under this clause, 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 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.

(2) The Governor may remove the Commissioner from office for misbehaviour, incapacity or incompetence.

5 Effect of certain other Acts

(1) The employment of the Commissioner is not subject to Part 2 or 8 of the Public Sector Management Act 1988 .

(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 Commissioner or from accepting and retaining any remuneration payable to the person as Commissioner.