New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to Commissioner and Assistant Commissioners

(Section 103)

1 Eligibility for appointment

(1) A person is not eligible to be appointed as Commissioner or Assistant Commissioner or to act in either of those offices unless the person is:

(a) qualified to be appointed as a Judge of the Supreme Court of the State or of any other State or Territory, a Judge of the Federal Court of Australia or a Justice of the High Court of Australia, or

(b) a former judge of any court of the State or elsewhere in Australia or a former Justice of the High Court.

(2) A person is not eligible to be appointed as Commissioner or Assistant Commissioner if the person is:

(a) the holder of any judicial office, or

(b) a member of the Legislative Council or the Legislative Assembly or is a member of a House of Parliament of another State or of the Commonwealth.

2 Acting Commissioner or Assistant Commissioner

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

(2) The Governor may, at any time, remove a person from the office to which the person was appointed under this clause.

(3) A person while acting under this clause is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine.

(4) For the purposes of this clause:

(a) a vacancy in the office of Commissioner or Assistant Commissioner shall be regarded as an absence from office of Commissioner or Assistant Commissioner, and

(b) an Assistant Commissioner shall be regarded as absent from office as an Assistant Commissioner during any period when the Assistant Commissioner acts in the office of the Commissioner pursuant to an appointment under this clause.

3 Basis of offices

(1) The office of Commissioner is a full-time office.

(2) The office of Assistant Commissioner may be a full-time office or a part-time office, according to the terms of appointment.

(3) The holder of a full-time office referred to in subclause (1) or (2) is required to hold it on that basis, except to the extent permitted by the Governor.

4 Terms of office

(1) Subject to this Schedule, the Commissioner shall hold office for such term not exceeding 5 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(1A) Subject to this Schedule, an Assistant Commissioner is to hold office for such term not exceeding 7 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(2) A person may not hold the office of Commissioner for terms totalling more than 5 years.

(3) A person may not hold the office of Assistant Commissioner for terms totalling more than 7 years.

5 Remuneration

(1) The Commissioner or an Assistant Commissioner is entitled to be paid such remuneration (including travelling and subsistence allowances) as may be specified in the instrument of appointment or as may be afterwards determined by the Governor from time to time.

(2) A determination does not operate so as to reduce the rate at which remuneration is payable during the person’s current term of office.

(3) Remuneration is payable out of the Consolidated Fund, which is accordingly appropriated to the necessary extent.

6 Vacancy in office

(1) The office of Commissioner or Assistant Commissioner becomes vacant if the holder:

(a) dies, or

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

(c) holds office for longer than the relevant period mentioned in clause 4, or

(d) resigns the office by instrument in writing addressed to the Governor, or

(e) becomes the holder of a judicial office, or

(f) is nominated for election as a member of the Legislative Council or the Legislative Assembly or as a member of a House of Parliament of another State or of the Commonwealth, or

(g) 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

(h) becomes a mentally incapacitated person, or

(i) 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

(j) is removed from office under subclause (2) or (3).

(2) The Commissioner may be removed from office by the Governor on the address of both Houses of Parliament.

(3) The Governor may remove an Assistant Commissioner from office for incapacity, incompetence or misbehaviour.

7 Filling of vacancy

(1) If the office of Commissioner becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy.

(2) If the office of Assistant Commissioner becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.

8 Public Sector Management Act 1988

The Public Sector Management Act 1988 does not apply to the appointment of the Commissioner or an Assistant Commissioner, and the holder of either office is not, as holder, subject to that Act.

9 Judicial office

In this Schedule, "judicial office" means a judicial office of the State or elsewhere in Australia.