South Australian Consolidated Acts

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FAIR WORK ACT 1994 - SECT 36

36—Remuneration and conditions of office

        (1)         A Commissioner

            (a)         is entitled to the salary and allowances determined by the Remuneration Tribunal; and

            (b)         is subject to an extent determined by the Governor to the Public Sector Management Act 1995 (which applies subject to modifications determined by the Governor); and

            (c)         is an employee for the purposes of the Superannuation Act 1988 .

        (2)         A Commissioner

            (a)         must not, without the consent of the Minister, engage in remunerative work apart from the Commissioner's official duties; and

            (b)         must not, while in office, be an officer of an association representing the interests of employers or employees.

        (3)         The Governor may remove a Commissioner from office if—

            (a)         both Houses of Parliament present a petition for removal of the Commissioner on the ground of misconduct; or

            (b)         the Commissioner becomes mentally or physically incapable of carrying out official duties satisfactorily; or

            (c)         the Commissioner contravenes subsection (2); or

            (d)         the Commissioner is absent from duty, without leave, for 14 consecutive days or for 28 days in a period of twelve months.

        (4)         The office of a Commissioner becomes vacant if the Commissioner

            (a)         dies; or

            (b)         comes to the end of his or her term of office under this Act (including by retirement) and, in the case of an appointment on an acting basis, is not reappointed; or

            (c)         resigns by written notice to the Minister; or

            (d)         is removed from office under subsection (3).



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