AustLII Tasmanian Consolidated Acts

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INDUSTRIAL RELATIONS ACT 1984 - SECT 6

6. Provisions relating to appointment of Commissioners

      (2) .  .  .  .  .  .  .  .  

      (2A) .  .  .  .  .  .  .  .  

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

(a) holds office for a period of up to 7 years; and

(b) is to be appointed on such terms and conditions as are specified in the instrument of appointment; and

(c) may be re-appointed as a Commissioner.

      (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 Retirement Benefits Act 1993 or, if appointed on or after 15 May 1999, the Public Sector Superannuation Reform Act 1999; and

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



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