Judicial Officers (Amendment) Act 1987 (NSW)

JUDICIAL OFFICERS (AMENDMENT) ACT 1987 No. 22

NEW SOUTH WALES

TABLE OF PROVISIONS

1.        Short title

2.         Amendment of Act No. 100, 1986

3.         Amendment of Act No. 152, 1983

4.         Transitional provision

SCHEDULE 1—AMENDMENTS TO THE JUDICIAL OFFICERS ACT 1986

JUDICIAL OFFICERS (AMENDMENT) ACT 1987 No. 22

NEW SOUTH WALES

Act No. 22, 1987

An Act to amend the Judicial Officers Act 1986 with respect to the

constitution and staff of the Judicial Commission; to amend the Public	Finance and Audit Act 1983; and for other purposes. [Assented to 1 May
1987]

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Judicial Officers (Amendment) 1987

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the "Judicial Officers (Amendment) Act

1987".

Amendment of Act No. 100, 1986

2. The Judicial Officers Act 1986 is amended in the manner set forth in

Schedule 1.

Amendment of Act No. 152, 1983

The Public Finance and Audit Act 1983 is amended by inserting in

Schedule 2, in appropriate alphabetical order, the words "Judicial
Commission of New South Wales.".

3.

Transitional provision

4. Anything done or omitted by the Judicial Commission before the commencement of this Act shall, after that commencement, be deemed to have been done or omitted by it in its capacity as a corporation, as if it had always been a corporation.

SCHEDULE 1

(Sec. 2)

AMENDMENTS TO THE JUDICIAL OFFICERS ACT 1986

(1) Section 3 (Interpretation)—

Section 3 (3)—
After "duly", insert "exercising the functions of or".

Judicial Officers (Amendment) 1987

SCHEDULE {—continued

AMENDMENTS TO THE JUDICIAL OFFICERS ACT 1986—continued

(2) Section 5 (The Commission)—

Section 5 (1A)—
After section 5(1), insert:

(1A) The Commission is, by virtue of this subsection, a corporation.

(3) Section 6—

Omit the section, insert instead:
Staff etc. of the Commission

6. (1) The Commission may employ a Chief Executive and such other staff as may be necessary to enable the Commission to exercise its functions.

(2) The Commission may, with the concurrence of the Public Service Board, fix the salaries, wages, allowances and conditions of employment of any such staff in so far as they are not fixed by or under another Act or law.

(3) The Commission may—

(a)	with the approval of the Minister responsible for the department, office or authority concerned; and
(b)	on such terms and conditions as may be approved by the Public Service Board,

arrange for the use of the services of any staff or facilities of a

government department, administrative office or public authority. (4) The Commission may, on such terms and conditions as may be approved by the Public Service Board, engage any suitably qualified person to provide the Commission with services, information or advice.	(5) For the purposes of this Act, a person who is employed under subsection (1), or whose services are made use of under subsection (3), is an officer of the Commission.
(6) Schedule 5 has effect with respect to the rights of certain staff of the Commission.

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Judicial Officers (Amendment) 1987

SCHEDULE {—continued

AMENDMENTS TO THE JUDICIAL OFFICERS ACT 1986—continued

(4) Schedule 1 (Provisions relating to the appointed members of the

Commission)—

(a)	Clause 2 (Age of members)— Omit "70 years", insert instead "72 years".
(b)	Clause 5 (Casual vacancies)— From clause 5(1) (g), omit "70 years", insert instead "72 years".

(5) Schedule 5—

After Schedule 4, insert:

SCHEDULE 5

(Sec. 6 (6))

PROVISIONS RELATING TO THE RIGHTS OF CERTAIN STAFF OF THE

COMMISSION

Definitions

1. In this Schedule—
"member of staff' means an officer of the Commission employed under

section 6 (1 ) . other than a person employed on a temporary or casual

basis;

"statutory body" means any body declared under clause 4 to be a statutory

body for the purposes of this Schedule;

"superannuation scheme" means a scheme, fund or arrangement under

which any superannuation or retirement benefits are provided and which

is established by or under any Act.

Preservation of rights of staff previously public servants etc.

2. (1) If a member of staff was, immediately before being employed as a

member of staff—

(a) an officer of the Public Service or a Teaching Service;
(b) a contributor to a superannuation scheme;

(c) an officer employed by a statutory body; or

(d) a person in respect of whom provision was made by any Act for the retention of any rights accrued or accruing to the person as an officer or employee,

Judicial Officers (Amendment) 1987

SCHEDULE [—continued

AMENDMENTS TO THE JUDICIAL OFFICERS ACT 1986—continued

he or she—

(e)	shall retain any rights accrued or accruing to him or her as such an officer, contributor or person;
(f)	may continue to contribute to any superannuation scheme to which he
or she was a contributor immediately before being employed as a member of staff; and
(g)	is entitled to receive any deferred or extended leave and any payment,

pension or gratuity,

as if he or she had continued to be such an officer, contributor or person during

his or her service as a member of staff and—

(h) his or her service as a member of staff shall be deemed to be service as

an officer or employee for the purposes of any law under which those rights accrued or were accruing, under which he or she continues to contribute or by which that entitlement is conferred; and

(i)  he or she shall be deemed to be an officer or employee, and the

Commission shall be deemed to be the employer, for the purposes of the superannuation scheme to which he or she is entitled to contribute under this clause.

(2) If a member of staff would, but for this subclause, be entitled under subclause (1) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme—

(a)	he or she shall not be so entitled on becoming (whether on being
employed as a member of staff or at any later time while a member of staff) a contributor to any other superannuation scheme; and
(b)	the provisions of subclause (1) (i) cease to apply to or in respect of him

or her and the Commission in any case where he or she becomes a

contributor to any such other superannuation scheme.

(3) Subclause (2) does not prevent the payment to a member of staff on his or her ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to him or her if he or she had ceased, by reason of resignation, to be such an officer or employee for the purposes of the scheme.

(4) A member of staff is not, in respect of the same period of service, entitled

to claim dual benefits of the same kind through the operation of this clause.
Staff entitled to re-appointment to former employment in certain cases

3.     A person who—

(a) being a member of staff, ceases to be employed by the Commission (except through dismissal on the ground of misbehaviour);

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Judicial Officers (Amendment) 1987

SCHEDULE 1—continued

AMENDMENTS TO THE JUDICIAL OFFICERS ACT 1986—continued

(b) was, immediately before being employed as a member of staff—

(i) an officer of the Public Service or a Teaching Service; or

(ii) an officer or employee of a statutory body; and

(c) has not reached the age at which the person would have been entitled to retire had the person continued to be such an officer or employee,

is entitled to be appointed to some position in the Public Service, the Teaching Service or the service of that statutory body, as the case may be, not lower in classification and salary than that which the person held immediately before being employed as a member of staff.

Declaration of statutory bodies

4.     The Governor may, by proclamation published in the Gazette, declare any

body constituted by or under any Act to be a statutory body for the purposes of

this Schedule.