Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 107A]
[Heading inserted by No. 54 of 2003
s. 104.]
Subject to
clause 3, the Appeals Convenor holds office for a term, not exceeding
5 years, fixed by the instrument of appointment, and is eligible for
reappointment.
[Clause 1 inserted by No. 54 of 2003
s. 104.]
(1) The Appeals
Convenor —
(a) is
to be paid salary and allowances at a rate per year determined by the Minister
on the recommendation of the Public Sector Commissioner; and
(b) has
the same annual leave, sick leave and long service leave entitlements as a
permanent officer of the Public Service.
(2)
Subclause (1)(a) has effect subject to the Salaries and Allowances
Act 1975 if that Act applies to the Appeals Convenor.
[Clause 2 inserted by No. 54 of 2003
s. 104; amended by No. 39 of 2010 s. 89.]
3 . Resignation and removal from office
(1) The Appeals
Convenor may resign office by written notice delivered to the Governor.
(2) The Governor may
remove the Appeals Convenor from office —
(a)
for —
(i)
misbehaviour or incompetence; or
(ii)
mental or physical incapacity, other than temporary
illness, impairing the performance of the Appeals Convenor’s functions;
or
(b) if
the Appeals Convenor is, according to the Interpretation Act 1984
section 13D, a bankrupt or a person whose affairs are under insolvency
laws.
(3) In
subclause (2)(a) —
misbehaviour includes behaving in a manner that
renders the Appeals Convenor unfit to hold office even if the conduct does not
relate to any function of the office of Appeals Convenor.
[Clause 3 inserted by No. 54 of 2003
s. 104; amended by No. 18 of 2009 s. 35.]
4 . Appointment of public service officer
(1) A person who held
office in the Public Service ( previous office ) immediately before being
appointed as Appeals Convenor —
(a)
retains existing and accruing superannuation and leave entitlements as if
service as the Appeals Convenor were a continuation of service in the previous
office; and
(b) if
he or she ceases to hold office as the Appeals Convenor on the completion of a
periodical appointment, is entitled to be appointed to an office in the Public
Service not lower in classification and salary than the previous office (as
long as he or she is at that time eligible to hold such an office in the
Public Service).
(2) A person appointed
to an office in the Public Service under subclause (1)(b) retains
existing and accruing superannuation and leave entitlements as if service in
the Public Service were a continuation of service as the Appeals Convenor.
[Clause 4 inserted by No. 54 of 2003
s. 104.]
5 . Other conditions of service
The Governor may, on
the recommendation of the Public Sector Commissioner, determine any other
terms and conditions of service to apply to the Appeals Convenor.
[Clause 5 inserted by No. 54 of 2003
s. 104; amended by No. 39 of 2010 s. 89.]
