LOCAL COURT ACT 2007 - SCHEDULE 2

LOCAL COURT ACT 2007 - SCHEDULE 2

SCHEDULE 2 – Provisions relating to Assessors

(Section 17 (2))

1 Term of office

(cf LCA 1982, clause 1 of Schedule 2)

Subject to this Schedule, an Assessor holds office, for such period (not exceeding 7 years) as may be specified in the Assessor's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

2 Remuneration

(cf LCA 1982, clause 2 of Schedule 2)

An Assessor is entitled to be paid:

(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 , and

(b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the Assessor.

3 Appointment on full-time or part-time basis

The appointment of an Assessor may be on a full-time or part-time basis.

4 Effect of employment as Assessor

(1) Except as provided by this clause, an Assessor must not engage in any business or employment outside the duties of his or her office except with the approval of the Governor.

(2) Subclause (1) does not allow the Governor to give approval for an Assessor to practise as an Australian legal practitioner for fee, gain or reward.

(3) Subclause (1) does not apply to an Assessor appointed on a part-time basis, but such a person must not:

(a) accept or continue to hold or discharge the duties of or be employed in any paid office in connection with any commercial business, or

(b) engage in or undertake any such business, whether as principal or agent, or

(c) practise as an Australian legal practitioner for fee, gain or reward or engage in or continue in the private practice of any other profession, occupation or trade, or enter into any employment, whether remunerated or not, with any person so engaged.

5 Leave

(cf LCA 1982, clause 4 of Schedule 2)

(1) An Assessor, if appointed on a full-time basis, is entitled to such leave:

(a) as is determined by the Minister, or

(b) as may be specified in respect of the Assessor in the Assessor's instrument of appointment.

(2) Leave may be determined or specified as referred to in subclause (1) by reference to the leave entitlement of the holder of any other office or class of office.

6 Effect of certain other Acts

(cf LCA 1982, clause 3 of Schedule 2)

(1) The office of Assessor is a statutory office and the Government Sector Employment Act 2013 does not apply to that office.

(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 a person from engaging in employment outside the duties of that office,

that provision does not operate to disqualify the person from holding that office and also the office of an Assessor appointed on a part-time basis or, subject to subclause (3), from accepting and retaining any remuneration payable to the person under this Act as an Assessor appointed on a part-time basis.

(3) Subclause (2) does not operate to authorise an officer of the Court to accept or retain any remuneration payable to the officer as an Assessor.

7 Vacation of office

(cf LCA 1982, clause 6 of Schedule 2)

An Assessor vacates office if the Assessor:

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

(b) dies, or

(c) resigns the office by instrument in writing addressed to the Minister, or

(d) becomes a mentally incapacitated person, or

(e) is removed from office by the Minister under clause 8.

8 Removal from office

(cf LCA 1982, clause 5 of Schedule 2)

The Minister may remove an Assessor from office for incapacity, incompetence or misbehaviour.