Schedule 4 Provisions relating to assessors of Tribunal
(Section 29 (3))
Subject to this Act, an assessor holds office, for such period (not exceeding 7 years) as may be specified in the assessor’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(1) An assessor appointed on a full-time basis is entitled to be paid:(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and(b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the member.(2) An assessor appointed on a part-time basis is entitled to be paid:(a) such remuneration as is determined by the Minister, and(b) such travelling and subsistence allowances as the Minister may from time to time determine in respect of the member.
3 Protection and immunities of assessor
An assessor of the Tribunal has, in the performance of functions performed as an assessor, the same protection and immunities as a Judge of the Supreme Court.
4 Effect of certain other Acts
(1) The provisions of the Public Sector Employment and Management Act 2002 do not apply to or in respect of the appointment of an assessor and an assessor is not, as an assessor, subject to that Act.(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 a person from engaging in employment outside the duties of that office,that provision does not operate to disqualify the person from holding that office and also the office of an assessor appointed on a part-time basis or, subject to subclause (3), from accepting and retaining any remuneration payable to the person under this Act as an assessor appointed on a part-time basis.(3) Subclause (2) does not operate to authorise an officer of a court to accept or retain any remuneration payable to the officer as an assessor.
(1) An assessor, if appointed on a full-time basis, is entitled to such leave:(a) as is determined by the Minister, or(b) as may be specified in respect of the assessor in the assessor’s instrument of appointment.(2) Leave may be determined or specified as referred to in subclause (1) by reference to the leave entitlement of the holder of any other office or class of office.
The Minister may remove an assessor from office at any time.
An assessor vacates office if the assessor:(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) becomes a mentally incapacitated person, or(e) is removed from office by the Minister under clause 6.
8 Disclosure of pecuniary and other interests
(1) If an assessor is, or is to be, an assessor of the Tribunal for the purposes of proceedings before the Tribunal and the assessor has or acquires an interest (pecuniary or otherwise) that could conflict with the proper performance of the functions of the assessor in relation to the proceedings:(a) the assessor must not take part in the proceedings or exercise any powers in relation to the proceedings, and(b) must disclose the nature of the interest to the President.(2) For the purposes of this clause, the expertise or experience of an assessor in relation to a class of matters in relation to which the Tribunal has jurisdiction does not constitute an interest that could conflict with the proper performance of the functions of the assessor.
9 Application of Schedule to acting assessors
(1) Subject to subclause (2), all of the provisions of this Schedule apply to acting assessors.(2) Clause 1 does not apply to an appointment of an acting assessor for the purpose of particular proceedings.(3) In this clause, acting assessor means a person appointed under this Act to act as an assessor.