South Australian Consolidated Acts

ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT ACT 1993 - SCHEDULE

Schedule—Commissioners

1         (1)         A commissioner will be appointed either on a full-time or part-time basis.

        (2)         Subject to this section, a commissioner holds office on terms and conditions determined by the Governor.

        (3)         The following provisions apply in respect of full-time or permanent part-time commissioner:

            (a)         the commissioner is not subject to Part 3 of the Government Management and Employment Act 1985 , but the rights of the commissioner to long service leave, recreation leave, sick leave and other forms of leave will be determined in accordance with the provisions of that Act and the regulations under that Act; and

            (b)         the commissioner may retire at or after the age of 55 years and must retire on attaining the age of 65 years; and

            (c)         the commissioner may, after retiring, complete the hearing and determination of an appeal or matter part heard by the commissioner at the time of his or her retirement (and will, for that purpose, be taken to continue as a commissioner); and

            (d)         the commissioner is an employee within the meaning of the Superannuation Act 1974 ; and

            (e)         the commissioner is entitled to the remuneration determined by the Remuneration Tribunal.

        (4)         A part-time commissioner (not being a permanent part-time commissioner) will be appointed for a term of office (not exceeding five years) determined by the Governor and will, at the expiration of a term of office, be eligible for reappointment.

        (5)         The office of a commissioner becomes vacant if the commissioner—

            (a)         dies; or

            (b)         being a full-time or permanent part-time commissioner—attains the age of 65 years or retires before attaining that age; or

            (c)         being a part-time commissioner (other than a permanent part-time commissioner)—completes a term of office and is not reappointed; or

            (d)         resigns by notice in writing addressed to the Minister; or

            (e)         is removed from office by the Governor on the ground of—

                  (i)         physical or mental incapacity to carry out official duties satisfactorily; or

                  (ii)         incompetence; or

                  (iii)         misconduct.