INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SCHEDULE 1
INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SCHEDULE 1
SCHEDULE 1 – Provisions relating to Chief or other Commissioners and Assistant Commissioners
(Sections 5 (4) and 6A (4))
1 Eligibility for appointment
(1) A person is not eligible to be appointed as a Commissioner or as an Assistant Commissioner, or to act in that office, unless the person is qualified to be appointed as or has been--(a) a Judge of the Supreme Court of New South Wales or of another State or Territory, or(b) a Judge of the Federal Court of Australia, or(c) a Justice of the High Court of Australia.
(2) A person is not eligible to be appointed as a Commissioner or as an Assistant Commissioner, or to act in that office, if the person is--(a) a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth, or(b) the holder of any judicial office of the State or elsewhere in Australia.
2 Veto of proposed appointment as Commissioner
(1) A person is not to be appointed as a Commissioner until--(a) a proposal that the person be appointed has been referred to the Joint Committee under section 64A, and(b) either the period that the Joint Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment.
(2) A person may be proposed for appointment on more than one occasion.
(3) In this clause and section 64A,
"appointment" includes re-appointment.
3 Acting Commissioner or Assistant Commissioner
(1) The Governor may, from time to time, appoint a person to act in the office of a Commissioner or an 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 is 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 a Commissioner or an Assistant Commissioner is to be regarded as an absence from office of a Commissioner or Assistant Commissioner, and(b) an Assistant Commissioner is to be regarded as absent from office as an Assistant Commissioner during any period when the Assistant Commissioner acts in the office of a Commissioner pursuant to an appointment under this clause.
4 Basis of offices
(1) The office of the Chief Commissioner is a full-time office.
(2) The office of a Commissioner (other than the Chief Commissioner) is a part-time office.
(3) The office of an Assistant Commissioner may be a full-time office or a part-time office, according to the terms of appointment.
(4) The holder of a full-time office referred to in subclause (1) or (3) is required to hold it on that basis, except to the extent permitted by the Governor.
5 Terms of office
(1) Subject to this Schedule, a Commissioner holds 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.
(2) A person may not hold the office of a Commissioner for terms totalling more than 5 years.
(3) Subject to this Schedule, an Assistant Commissioner holds 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.
(4) A person may not hold the office of an Assistant Commissioner for terms totalling more than 5 years.
6 Remuneration
(1) A 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.
(4) The Minister may seek the advice of the Statutory and Other Offices Remuneration Tribunal as to appropriate rates of remuneration for Commissioners and Assistant Commissioners.
7 Vacancy in office
(1) The office of a Commissioner or an 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 5, or(d) resigns the office by instrument in writing addressed to the Governor, or(e) becomes the holder of a judicial office of the State or elsewhere in Australia, 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) A 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.
8 Filling of vacancy
(1) If the office of a Commissioner becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(2) If the office of an Assistant Commissioner becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.
9 Public Service employment provisions excluded
The offices of a Commissioner and Assistant Commissioner are statutory offices and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to those offices.