Independent Commission Against Corruption (Commissioner) Act 1994 (NSW)

Independent Commission Against Corruption (Commissioner) Act 1994 No 61

An Act relating to the conditions of appointment of a Judge of the Supreme Court or the District Court as Commissioner under the Independent Commission Against Corruption Act 1988.

1 Name of Act This Act may be cited as the Independent Commission Against Corruption (Commissioner) Act 1994.

2 Commencement This Act commences on the date of assent.

3 Interpretation Words and expressions used in this Act have the same meanings as in the Independent Commission Against Corruption Act 1988.

4 Appointment of Supreme Court or District Court Judge as Commissioner (1) This section applies to a person— (a) who was a Judge of the Supreme Court or the District Court before being appointed as a Commissioner (whether on a regular or an acting basis), and (b) whose resignation as a Judge took effect immediately before the appointment as a Commissioner took effect, and (c) whose instrument of appointment as a Commissioner declared that the person's commission as a Judge is to revive by force of this Act, and (d) who consented by letter to the Minister to the application of this Act. (2) The person's commission as a Judge revives by force of this Act when the person ceases to hold office as a Commissioner. (2A) The person becomes, from the time the person ceases to hold office as a Commissioner— (a) if the person was a Judge of the Supreme Court before being appointed as a Commissioner—a Judge of the Supreme Court again, or (b) if the person was a Judge of the District Court before being appointed as a Commissioner—a Judge of the District Court again. (2B) Subsections (2) and (2A) do not apply in relation to any other judicial office held by the person. (3) For the purposes of the Judges' Pensions Act 1953— (a) service by the person as a Commissioner is taken to be service as a Judge, and (b) references to a Judge or judicial office include references to the person in his or her capacity as a Commissioner and the office of a Commissioner, and (c) references to notional judicial salary are, in relation to the person while a Commissioner, references to the salary payable to the holder of a judicial office having a status equivalent to that of the judicial office held by the person immediately before being appointed as a Commissioner. (4) Subsections (2) and (2A) do not apply to the person if— (a) the person so requests by letter to the Minister, or (b) the person is removed from office as a Commissioner by the Governor on the address of both Houses of Parliament (under clause 7 of Schedule 1 to the Independent Commission Against Corruption Act 1988) on the ground of proved misbehaviour or incapacity. (5) For the purposes of this section, a re-appointment of the person as a Commissioner without a break is taken to be a continuation of the previous appointment as a Commissioner.