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PARLIAMENTARY REMUNERATION ACT 1989 - SCHEDULE 2

PARLIAMENTARY REMUNERATION ACT 1989 - SCHEDULE 2

SCHEDULE 2 – Parliamentary Remuneration Tribunal

(Section 14G)

1 Appointment of person to constitute Tribunal

(1) The Tribunal is to consist of a person, appointed by the Governor on a part-time basis, who holds or has held a judicial office of this State.
(1A) The Minister is not to recommend to the Governor the appointment of a person as the Tribunal unless the Minister certifies that the Chief Justice of the Supreme Court has nominated the person for the appointment.
(2) Subject to this Act, the person appointed holds office as the Tribunal for such period, not exceeding 3 years, as is specified in the instrument of appointment of the Tribunal and is eligible for re-appointment.
(3) A person holding office as the Tribunal immediately before the substitution of subclause (1) by the Industrial Relations Amendment (Industrial Court) Act 2016 continues in office despite that substitution until the person's term ends, unless the person sooner vacates that office.

2 Persons assisting the Tribunal

The Minister may, if the Minister thinks fit, appoint a person or persons to assist the Tribunal in any inquiry.

3 Fees etc

(1) The person holding office as the Tribunal and any person appointed under clause 2 are to be paid such fees and allowances as are, from time to time, fixed by the Governor on the recommendation of the Minister made after consultation by the Minister with the Chief Justice and the Attorney General.
(2) The fees and allowances payable to any such person must be fixed before the person's appointment, and may be varied in respect of any year commencing on 1 January before that day.

4 Vacation of office

(1) The person holding office as the Tribunal is to be regarded as having vacated the office 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 Governor, 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 fees or allowances as the Tribunal 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.
(2) The Governor may remove from office a person holding office as the Tribunal or a person appointed under clause 2.
(3) The Minister is not to recommend to the Governor the removal of a person from office under subclause (1) (g) or (2) unless the Minister certifies that the Chief Justice of the Supreme Court has advised the Minister that the person should be removed from office.