New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 5C)
A person is not eligible to be appointed as Commissioner or Assistant Commissioner or to act in either of those offices unless the person has special legal qualifications.
(1) Long illness or absence The Governor may, from time to time, appoint a person to act in the office of Commissioner or Assistant Commissioner during the illness or absence of the Commissioner or Assistant Commissioner.
(2) Short illness or absence The Minister may appoint a person to act in the office of Commissioner or Assistant Commissioner during the illness or absence of the Commissioner or Assistant Commissioner if the Minister has reason to believe that the duration of the illness or absence will not exceed 4 weeks. The Minister is not to make an appointment if there is a subsisting appointment under subclause (1).
(3) The person, while so acting, has all the functions of the Commissioner or Assistant Commissioner and is to be taken to be the Commissioner or Assistant Commissioner.
(4) The Governor or Minister may, at any time, remove a person from the office to which the person was appointed by the Governor or Minister under this clause.
(5) A person while acting under this clause is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor or 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 taken to be an absence from office of the Commissioner or Assistant Commissioner, and(b) an Assistant Commissioner is to be taken to be absent from office as an Assistant Commissioner during any period when the Assistant Commissioner acts in the office of the Commissioner pursuant to an appointment under this clause.
(1) The office of Commissioner is a full-time office.
(2) The office of Assistant Commissioner may be a full-time office or a part-time office, according to the terms of appointment.
(3) The holder of a full-time office referred to in subclause (1) or (2) is required to hold it on that basis, except to the extent permitted by the Governor.
Subject to this Schedule, the Commissioner or an Assistant Commissioner holds office for such term as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(1) The Commissioner or a full-time Assistant Commissioner 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.
(2) The Commissioner or a full-time Assistant Commissioner who is a Judge is not, while receiving remuneration as such a Judge, entitled to remuneration under this Act.
(3) A part-time 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 Assistant Commissioner.
(1) The appointment of a person who is the holder of a judicial office as Commissioner or Assistant Commissioner or service by a person who is the holder of a judicial office as Commissioner or Assistant Commissioner does not affect:(a) the person’s tenure of that judicial office, or(b) the person’s rank, title, status, remuneration or other rights or privileges as the holder of that judicial office.
(2) The person’s service as Commissioner or Assistant Commissioner is, for all purposes, taken to be service as the holder of that judicial office.
(3) In this clause:
"judicial office" means an office of Judge of a court of New South Wales.
(1) The office of Commissioner or Assistant Commissioner becomes vacant if the holder:(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) being full-time-is absent from duty for 14 days (whether or not wholly or partly consecutive) in any period of 12 months, except on leave granted by the Minister or unless the absence results from illness or other unavoidable cause, or(e) being full-time-engages in any paid employment outside the duties of his or her office, except with the consent of the Minister, or(f) 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(g) becomes a mentally incapacitated person, or(h) 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(i) is removed from office under subclause (2) or (3).
(2) The Governor may remove the Commissioner or an Assistant Commissioner from office for incapacity, incompetence or misbehaviour.
(3) Without limiting subsection (2), the Governor may remove the Commissioner or Assistant Commissioner from office if he or she contravenes clause 8.
(1) If:(a) the Commissioner has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission, and(b) the interest appears to raise a conflict with the proper performance of the Commissioner’s duties in relation to the consideration of the matter,the Commissioner must, as soon as possible after the relevant facts have come to the Commissioner’s knowledge, disclose the nature of the interest at a meeting of the Management Committee.
(2) If:(a) an Assistant Commissioner has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission, and(b) the interest appears to raise a conflict with the proper performance of the Assistant Commissioner’s duties in relation to the consideration of the matter,the Assistant Commissioner must, as soon as possible after the relevant facts have come to the Assistant Commissioner’s knowledge, disclose the nature of the interest to the Commissioner.
(3) A disclosure by the Commissioner or Assistant Commissioner that he or she:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1) or (2).
(4) Particulars of any disclosure made under this section must be recorded by the Commission in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee (if any) determined by the Commission.
(5) After a person has disclosed the nature of an interest in any matter under this clause, the person must not, unless the Minister otherwise determines:(a) be present during any deliberation of the Commission with respect to the matter, or(b) take part in any decision of the Commission with respect to the matter, or(c) exercise any functions under this Act with respect to that matter.
(6) A contravention of this clause does not invalidate any decision of the Commission.
(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 Assistant Commissioner becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.
(1) The Public Sector Employment and Management Act 2002 does not apply to the appointment of the Commissioner or an Assistant Commissioner, and the holder of either office is not, as holder, subject to that Act.
(2) A provision made by or under any Act:(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,does not operate to disqualify the person from holding that office and also the office of a part-time Assistant Commissioner or from accepting and retaining any remuneration payable to the person under this Act as a part-time Assistant Commissioner.
(3) The office of a part-time Assistant Commissioner is not, for the purposes of any Act, an office or place of profit under the Crown.
No matter or thing done or omitted by the Commission, the Commissioner or an Assistant Commissioner or any person acting under the direction of the Commission, the Commissioner or an Assistant Commissioner subjects the Commissioner or Assistant Commissioner personally to any liability if the matter or thing was done or omitted in good faith for the purpose of executing this or any other Act.