New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 206

206 Dual Federal and State appointments of members

(1) A member of the State Commission may hold office as a member of the Federal Commission.

(2) A member of the Federal Commission may, if otherwise eligible, be appointed as a member of the State Commission unless the law of the Commonwealth otherwise provides.

(3) A person who is a member of the State Commission and also a member of the Federal Commission may, in accordance with any agreement made between the State President and the head of the Federal Commission:

(a) exercise functions as a member of the Federal Commission, and

(b) in relation to a particular matter, exercise functions that the person has in relation to the matter both as a member of the State Commission and as a member of the Federal Commission.

(4) The appointment, as a member of the State Commission, of a person who is a member of the Federal Commission may be for a fixed term and such a member holds office until:

(a) the expiration of the term, or

(b) he or she ceases to be a member of the Federal Commission, or

(c) he or she resigns, or is removed, from office as a member of the State Commission,

whichever first occurs.

(5) A member of the Federal Commission who is appointed as a member of the State Commission is not to be remunerated as a member of the State Commission, but may be paid such allowances as the Minister considers to be reasonable for expenses incurred in discharging the duties of a member of the State Commission.

(6) In this section:
"Federal Commission" includes any industrial tribunal (in addition to the Federal Commission) constituted by a law of the Commonwealth that is prescribed by the regulations for the purposes of this section.
"member of the State Commission" includes a judicial member of the State Commission.

Note: Members of the State Commission may also hold dual appointments as members of other State tribunals, for example, as members of the Equal Opportunity Tribunal (section 69E of the Anti-Discrimination Act 1977 ) or of the Government and Related Employees Appeal Tribunal (sections 7 and 10 of, and Schedule 1 to, the Government and Related Employees Appeal Tribunal Act 1980 ).