Governors (Salary and Pensions) Act 2003
sec.17Definitions for div 4
Start here
Get a plain-English read of sec.17
Turn the raw legal text into a practical explanation grounded in Governors (Salary and Pensions) Act 2003.
sec.17 Definitions for div 4
In this division— accountable Governor means either of the following— a former Governor if— the former Governor is entitled to a pension, including a former Governor appointed to the office before the commencement of this section; and there is a finding of an established tribunal that the former Governor misbehaved in a way that justifies ending the entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office; a deceased Governor if— the deceased Governor was, immediately before the death, entitled to a pension, including a deceased Governor who was appointed to the office before the commencement of this section; and there was an appointment resolution in relation to the deceased Governor before the death; and there is a finding that the deceased Governor misbehaved in a way that would justify ending the prescribed entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office. appointment resolution means a resolution of the Legislative Assembly, appointing the members of an established tribunal. established tribunal means a tribunal established under an Act as mentioned in section 18 (3) (a) . lump sum means an amount paid in relation to a former Governor— under section 12 ; or under the Governors’ Pensions Act 1977 , section 5A , as in force before the commencement of this section. prescribed entitlement means either of the following but does not include an entitlement to a payment under section 13 — when used in relation to a former Governor—the former Governor’s entitlement to a pension under this Act; when used in relation to a deceased Governor—the entitlement of a surviving partner of the deceased Governor to a pension under this Act.
- (a) a former Governor if— (i) the former Governor is entitled to a pension, including a former Governor appointed to the office before the commencement of this section; and (ii) there is a finding of an established tribunal that the former Governor misbehaved in a way that justifies ending the entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office;
- (i) the former Governor is entitled to a pension, including a former Governor appointed to the office before the commencement of this section; and
- (ii) there is a finding of an established tribunal that the former Governor misbehaved in a way that justifies ending the entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office;
- (b) a deceased Governor if— (i) the deceased Governor was, immediately before the death, entitled to a pension, including a deceased Governor who was appointed to the office before the commencement of this section; and (ii) there was an appointment resolution in relation to the deceased Governor before the death; and (iii) there is a finding that the deceased Governor misbehaved in a way that would justify ending the prescribed entitlement as mentioned in section 18 (2) , including misbehaviour before, during or after the appointment to the office.