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LOCAL GOVERNMENT ACT 1993 - SCHEDULE 1

LOCAL GOVERNMENT ACT 1993 - SCHEDULE 1

SCHEDULE 1 – Local Government Remuneration Tribunal and assessors

(Section 237)

1 Appointment of person as Remuneration Tribunal

(1) The Governor may appoint a person to hold office as the Remuneration Tribunal.
(2) A person may not be appointed if the person is--
(a) the holder of a civic office, or
(b) an employee of a council or a county council.

2 Terms of office

(1) Subject to this Schedule, a person appointed to hold office as the Remuneration Tribunal and an assessor appointed under section 236(1)(b) hold office for such period, not exceeding 3 years, as is specified in the instrument of appointment.
(2) Such a person is eligible for re-appointment.

3 Appointment of deputy assessor

The assessor appointed under section 236(1)(a) may appoint a deputy and, in the absence of the assessor, the deputy may act as an assessor.

4 Remuneration

(1) The person holding office as the Remuneration Tribunal and the assessor appointed under section 236(1)(b) are entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may determine in respect of them.
(2) The remuneration payable to--
(a) the person holding office as the Remuneration Tribunal must be fixed before the person's appointment, and
(b) the assessor appointed under section 236(1)(b) must be fixed before the assessor's appointment,
and may be varied in respect of any year commencing on 1 April before that day.

5 Application of other Acts

(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a person appointed as the Remuneration Tribunal.
(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 office as the Remuneration Tribunal or from accepting and retaining any remuneration payable to the person under this Act as the Remuneration Tribunal.
(3) Office as the Remuneration Tribunal is not, for the purposes of any Act, an office or place of profit under the Crown.

6 Vacation of office

(1) The person holding office as the Remuneration Tribunal or the assessor appointed under section 236(1)(b) vacates office if the person or assessor--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister, or
(d) 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
(e) becomes a mentally incapacitated person, or
(f) 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
(g) is removed from office by the Governor under this clause.
(2) The Governor may remove the person holding office as the Remuneration Tribunal or the assessor appointed under section 236(1)(b) from office at any time.