78Compensation for office holder following removal

#### 78 Compensation for office holder following removal 78 Compensation for office holder following removal > > (1) This section applies to a person who is removed from an office under this Part, but does not apply to a person who held the office concerned on a part-time basis. > > > (2) A person to whom this section applies is entitled to such compensation (if any) for loss of remuneration as the Statutory and Other Offices Remuneration Tribunal determines. > > > (3) The maximum compensation payable is an amount equal to the person’s gross remuneration for— > > > > > (a) the period of 38 weeks, or > > > > > (b) the period starting from the person’s removal from office and ending when the person’s term of office would have expired, > > > > at the rate at which it was payable immediately before the person’s removal from office. > > > (4) If more than one such period is applicable, the maximum compensation is to be calculated by reference to the shorter or shortest period. > > > (5) The person is not entitled to any other compensation for the removal from office or to any other remuneration in respect of the office for any period afterwards. > > > (6) If the Statutory and Other Offices Remuneration Tribunal determines that compensation is payable under this section, it must, in its determination, specify the period to which the compensation for loss of remuneration relates. > > > (7) The person is not to be employed in the public sector during the period so specified, unless arrangements have been made for a refund of the proportionate amount of the compensation (if any) paid under this section. > > > (8) In this section— > > > > employment of a person in the public sector includes— > > > > > (a) engagement of the person as a consultant or contractor to the employer, and > > > > > (b) engagement of the person through a labour hire arrangement with the employer, and > > > > > (c) engagement of a company or partnership that provides the services of the person to the employer, and > > > > > (d) the appointment of the person to a statutory office. > > > > public sector means the government sector, the service of a State owned corporation (or a subsidiary), any service in which persons excluded from this Act by section 5 are employed or a statutory office. > > > (9) To avoid doubt, subsection (7) has effect despite another Act or law unless the other Act or law explicitly provides that the subsection does not apply. > > **s 78:** Am 2016 No 2, Sch 1 \[27\] \[65\]; 2022 No 76, Sch 2\[10\] \[11\].