63Terms of office

63 Terms of office S. 63(1) amended by No. 62/2013 s. 7(1). (1) Subject to subsections (1A) and (1B), a member of the Board holds office for the term, and subject to the conditions stated in the member's instrument of appointment but is eligible for re‑appointment. S. 63(1A) inserted by No. 62/2013 s. 7(2). (1A) A member of the Board may hold office for a maximum of 9 years, whether appointed for one or more terms, and whether or not those terms are consecutive. S. 63(1B) inserted by No. 62/2013 s. 7(2). (1B) A retired Judge of the Supreme Court or the County Court who has held office as a member of the Board for more than 9 years may be appointed to the Board for a term not exceeding 3 years if the retired Judge— (a) has not held office as a member of the Board within the previous 12 months; and (b) on that appointment, is also appointed as the chairperson. S. 63(2) amended by No. 45/1996 s. 17(Sch. 1 item 44), repealed by No. 45/2019 s. 34. (3) A member of the Board may resign the office of member by writing signed by the member and given to the person who nominated or appointed the member. (4) The office of a member becomes vacant if— (a) the member dies; or (b) the member resigns; or (c) the member's term of office expires. (5) A vacancy in the office of a member may be filled by appointment in accordance with this Division. (6) If a member who is a Judge of the Supreme Court or the County Court ceases to be a Judge, the member ceases to hold office as a member. S. 63(6AA) inserted by No. 10/2013 s. 23(1). (6AA) If a member who is an Associate Judge of the Supreme Court ceases to be an Associate Judge, the member ceases to hold office as a member. S. 63(6A) inserted by No. 16/1991 s. 16(3). (6A) If a member who is a Magistrate ceases to be a Magistrate, the member ceases to hold office as a member. S. 63(7) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 45.5), 80/2006 s. 26(Sch. item 20.1). (7) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member in respect of the office of member. (8) The appointment as a member of the Board of a Judge of the Supreme Court or the County Court does not affect the tenure of office, rank, status or the remuneration rights or privileges of the Judge as the holder of office as a Judge, and for all purposes, service as a member of the Board by a Judge is to be regarded as service as a Judge. S. 63(8A) inserted by No. 10/2013 s. 23(2). (8A) The appointment as a member of the Board of an Associate Judge of the Supreme Court does not affect the tenure of office, rank, status or the remuneration rights or privileges of the Associate Judge as the holder of office as an Associate Judge, and for all purposes, service as a member of the Board by an Associate Judge is to be regarded as service as an Associate Judge. S. 63(9) amended by Nos 16/1991 s. 16(4), 10/2013 s. 23(3). (9) A member of the Board (other than a Judge of the Supreme Court or County Court, an Associate Judge of the Supreme Court or a Magistrate) is entitled to receive— (a) such remuneration as is fixed by the Governor in Council; and (b) such travelling and other allowances and expenses as are fixed by the Governor in Council. S. 63(10) amended by Nos 16/1991 s. 16(4), 10/2013 s. 23(4). (10) A member of the Board who is a Judge of the Supreme Court or County Court, an Associate Judge of the Supreme Court or a Magistrate is entitled to receive such travelling and other allowances and expenses as are fixed by the Governor in Council. (11) The remuneration, travelling and other allowances and expenses fixed for members of the Board may be different for different classes of members. S. 63(12) amended by No. 50/1988 s. 93(2)(Sch. 2 Pt 2 item 7). (12) If a person was immediately before becoming a member of the Board an officer within the meaning of the **State Superannuation Act 1988**, the member continues subject to that Act, to be an officer within the meaning of that Act.