(1)  Subject to sections 11 and 12 , a person –

(a) who is appointed under section 5(2A)  –

(i) as a Commissioner and as the President of the Commission holds office for the period, of not more than 7 years, specified in the person’s instrument of appointment; or

(ii) as a Commissioner and as the Deputy President of the Commission holds office for the period, of not more than 7 years, specified in the person’s instrument of appointment; or

(iii) as a Commissioner but not as the President, or the Deputy President, of the Commission holds office for the period, of not more than 3 years, specified in the person’s instrument of appointment; and

(b) is to be appointed on the terms and conditions that are specified in the person’s instrument of appointment; and

(c) may be re-appointed as a Commissioner, as the President, or as the Deputy President, of the Commission.

(2)  .  .  .  .  .  .  .  .  

(2A)  .  .  .  .  .  .  .  .  

(3)  A Commissioner is entitled to such remuneration and allowances, and such other terms and conditions of employment not inconsistent with subsection (1) , as the Governor may from time to time determine in respect of him.

(4)  A Commissioner shall not –

(a) without the permission of the Governor, hold any other office of profit or engage in any paid employment outside the functions of his office; or

(b) hold any other office or any position the holding of which, in the opinion of the Governor, is inconsistent with the functions of his office.

(5)  A Commissioner is an employee for the purposes of –

(a) the Public Sector Superannuation Reform Act 2016 ; and

(b) the Long Service Leave (State Employees) Act 1994 ; and

(ba) the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 ; and

(c) the Workers Rehabilitation and Compensation Act 1988 .

(6)  If a State employee is appointed to the office of a Commissioner, he is entitled to retain all his existing and accruing rights as if his service in that office were a continuation of his service as such an employee.

(7)  Where a person referred to in subsection (6) ceases to be a Commissioner and becomes a State employee, his service as a Commissioner shall be regarded as service as a State employee for the purposes of determining his rights as such an employee.

(8)  Despite subsection (4) , a person who holds –

(a) office as a member, other than the President, of the Fair Work Commission established under the Fair Work Act 2009 of the Commonwealth may, with the prior agreement of the Minister for the time being administering that Act, be appointed under section 5(2A) as a Commissioner, the President, or the Deputy President, of the Commission; or

(b) a similar office in a commission or similar body with jurisdiction in relation to industrial matters that is constituted under an enactment of another State or of a Territory of the Commonwealth may, with the prior agreement of the Minister for the time being administering that enactment, be appointed under section 5(2A) as a Commissioner, the President, or the Deputy President, of the Commission.