NATURAL RESOURCES COMMISSION ACT 2003 - SCHEDULE 1
NATURAL RESOURCES COMMISSION ACT 2003 - SCHEDULE 1
SCHEDULE 1 – Provisions relating to Commissioner and Assistant Commissioners
1 Acting Commissioner or Assistant Commissioner
(1) The Minister may appoint a person to act in the office of Commissioner during the illness or absence of the Commissioner.
(2) The Commissioner may, with the concurrence of the Minister, appoint a person to act in the office of Assistant Commissioner.
(3) A person, while acting in the office of Commissioner or Assistant Commissioner under this clause has all of the functions of the Commissioner or Assistant Commissioner (as the case requires).
(4) A power to appoint a person to an office under this clause includes the power to remove the person from that office at any time.
(5) A person while acting under this clause is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.
(6) For the purposes of this clause--(a) a vacancy in the office of Commissioner or Assistant Commissioner is to be regarded as an absence from the office of the Commissioner or Assistant Commissioner, and(b) during any period when an Assistant Commissioner acts in the office of Commissioner under this clause, the Assistant Commissioner is to be regarded as absent from office as Assistant Commissioner.
2 Basis of offices
(1) The office of Commissioner or Assistant Commissioner may be a full-time office or part-time office, according to the terms of appointment.
(2) The holder of such a full-time office is required to hold it on that basis, except to the extent permitted by the Minister.
3 Terms of office
(1) Subject to this Act, the Commissioner or an Assistant Commissioner holds office for such period (not exceeding 5 years) as is specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(2) The instrument of appointment of an Assistant Commissioner may provide that the person holds office until--(a) the expiry of a specified period (not exceeding 5 years), or(b) the completion by the Assistant Commissioner of a specified report, audit or inquiry,whichever first occurs.
4 Remuneration
(1) A full-time Commissioner or Assistant Commissioner is entitled to be paid--(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 , and(b) such travelling or subsistence allowances as the Minister may from time to time determine in respect of the person.
(2) A part-time Commissioner or Assistant Commissioner is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.
5 Vacancy in office
(1) The office of the Commissioner or an Assistant Commissioner becomes vacant if the person--(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) is removed from office by the Minister under this clause or the Governor under Part 6 of the Government Sector Employment Act 2013 , or(e) 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(f) becomes a mentally incapacitated person, or(g) 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.
(2) The Minister may remove the Commissioner or an Assistant Commissioner from office for misbehaviour, incompetence or incapacity.
6 Filling of vacancy
(1) If the office of 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.
7 Effect of certain other Acts
(1) The offices of 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.
(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 the office of a part-time Commissioner or Assistant Commissioner or from accepting and retaining any remuneration payable to the person under this Act as a part-time Commissioner or Assistant Commissioner.
8 Personal liability
A matter or thing done or omitted to be done by the Commission, the Commissioner, an Assistant Commissioner or a person acting under the direction of the Commission does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject the Commissioner, an Assistant Commissioner or a person so acting personally to any action, liability, claim or demand.