Schedule 4 Local Government Pecuniary Interest and Disciplinary Tribunal
(Section 488 (3))
In this Schedule, the member means the member appointed as the Pecuniary Interest and Disciplinary Tribunal under section 488.
(1) The Governor may, from time to time, appoint a person to be the deputy of the member, and the Governor may revoke any such appointment. A person appointed as a deputy must have the same qualifications as those required of a person appointed as the member.(2) In the absence of the member, the member’s deputy:(a) may, if available, act in the place of the member, and(b) while so acting, has the functions of the member and is taken to be the member.(2A) If so requested by the member, the member’s deputy may, if available, act in the place of the member in connection with a particular matter when the member is not absent. For this purpose, the affairs of the Pecuniary Interest and Disciplinary Tribunal may be conducted concurrently in two divisions.(3) A person while acting under this clause in the place of the member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person.(4) For the purposes of this clause, a vacancy in the office of the member is taken to be an absence from office of the member.
3 Term of office of the member
Subject to this Schedule, the member holds office for such period, not exceeding 5 years, as is specified in the member’s instrument of appointment, and (if otherwise qualified) is eligible for re-appointment.
The member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
5 Vacancy in office of the member
(1) The office of the member becomes vacant if the member:(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 Minister, or(d) is elected or appointed to civic office or becomes an employee of a council, or(e) is removed from office by the Governor under this clause or under Part 8 of the Public Sector Management Act 1988, or(f) 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 remuneration for their benefit, or(g) becomes a mentally incapacitated person, or(h) 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.(2) The Governor may remove the member from office at any time.
6 Filling of vacancy in office of member
If the office of the member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of the member.(2) If by or under any Act provision is made:(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or(b) prohibiting the person from engaging in employment outside the duties of that office,the provision does not operate to disqualify the person from holding that office and also the office of the member or from accepting and retaining any remuneration payable to the person under this Act as the member.