6Provisions relating to appointment of Commissioners

### 6 Provisions relating to appointment of Commissioners > > (1)  [*\[Section 6 Subsection (1) omitted by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005\]*](/view/html/inforce/2005-06-10/act-2005-017#JS1@Ja11@GC1@Hpa@EN) [*\[Section 6 Subsection (1) inserted by No. 25 of 2007, s. 4, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-025#GS4@Hpa@EN) [*\[Section 6 Subsection (1) substituted by No. 19 of 2021, s. 8, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-019#GS8@Hpa@EN) Subject to [sections 11](#GS11@EN) and [12](#GS12@EN) , a person – > > > > > > (a) who is appointed under [section 5(2A)](#GS5@Gs2A@EN)  – > > > > > > > > > > (i) as a Commissioner and as the President of the Commission holds office for the period, of not more than 7 years, specified in the person’s instrument of appointment; or > > > > > > > > > > > (ii) as a Commissioner and as the Deputy President of the Commission holds office for the period, of not more than 7 years, specified in the person’s instrument of appointment; or > > > > > > > > > > > (iii) as a Commissioner but not as the President, or the Deputy President, of the Commission holds office for the period, of not more than 3 years, specified in the person’s instrument of appointment; and > > > > > > > (b) is to be appointed on the terms and conditions that are specified in the person’s instrument of appointment; and > > > > > > > (c) may be re-appointed as a Commissioner, as the President, or as the Deputy President, of the Commission. > > > (2)  *\[Section 6 Subsection (2) substituted by No. 59 of 1992, s. 6 \]*[*\[Section 6 Subsection (2) amended by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005\]*](/view/html/inforce/2005-06-10/act-2005-017#JS1@Ja11@GC1@Hpb@EN) [*\[Section 6 Subsection (2) omitted by No. 25 of 2007, s. 4, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-025#GS4@Hpa@EN) .  .  .  .  .  .  .  .   > > > (2A)  *\[Section 6 Subsection (2A) inserted by No. 59 of 1992, s. 6 \]*[*\[Section 6 Subsection (2A) omitted by No. 25 of 2007, s. 4, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-025#GS4@Hpa@EN) .  .  .  .  .  .  .  .   > > > (3)  [*\[Section 6 Subsection (3) amended by No. 25 of 2007, s. 4, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-025#GS4@Hpb@EN) A Commissioner is entitled to such remuneration and allowances, and such other terms and conditions of employment not inconsistent with [subsection (1)](#GS6@Gs1@EN) , as the Governor may from time to time determine in respect of him. > > > (4)  A Commissioner shall not – > > > > > > (a) without the permission of the Governor, hold any other office of profit or engage in any paid employment outside the functions of his office; or > > > > > > > (b) hold any other office or any position the holding of which, in the opinion of the Governor, is inconsistent with the functions of his office. > > > (5)  *\[Section 6 Subsection (5) substituted by No. 90 of 1994, s. 5 \]*A Commissioner is an employee for the purposes of – > > > > > > (a) [*\[Section 6 Subsection (5) amended by No. 59 of 2004, s. 5, Applied:15 May 1999\]*](/view/html/inforce/1999-05-15/act-2004-059#GS5@EN) [*\[Section 6 Subsection (5) amended by No. 54 of 2016, s. 46, Applied:31 Mar 2017\]*](/view/html/inforce/2017-03-31/act-2016-054#GS46@EN) the [Public Sector Superannuation Reform Act 2016](/view/html/inforce/2026-04-12/act-2016-011) ; and > > > > > > > (b) the [Long Service Leave (State Employees) Act 1994](/view/html/inforce/2026-04-12/act-1994-013) ; and > > > > > > > (ba) [*\[Section 6 Subsection (5) amended by No. 28 of 2011, s. 31, Applied:31 Oct 2011\]*](/view/html/inforce/2011-10-31/act-2011-028#GS31@EN) the [Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011](/view/html/inforce/2026-04-12/act-2011-029) ; and > > > > > > > (c) *\[Section 6 Subsection (5) amended by No. 42 of 1996, s. 3 and Sched. 1 \]*the [Workers Rehabilitation and Compensation Act 1988](/view/html/inforce/2026-04-12/act-1988-004) . > > > (6)  If a State employee is appointed to the office of a Commissioner, he is entitled to retain all his existing and accruing rights as if his service in that office were a continuation of his service as such an employee. > > > (7)  Where a person referred to in [subsection (6)](#GS6@Gs6@EN) ceases to be a Commissioner and becomes a State employee, his service as a Commissioner shall be regarded as service as a State employee for the purposes of determining his rights as such an employee. > > > (8)  [*\[Section 6 Subsection (8) inserted by No. 19 of 2021, s. 8, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-019#GS8@Hpb@EN) Despite [subsection (4)](#GS6@Gs4@EN) , a person who holds – > > > > > > (a) office as a member, other than the President, of the Fair Work Commission established under the *Fair Work Act 2009* of the Commonwealth may, with the prior agreement of the Minister for the time being administering that Act, be appointed under [section 5(2A)](#GS5@Gs2A@EN) as a Commissioner, the President, or the Deputy President, of the Commission; or > > > > > > > (b) a similar office in a commission or similar body with jurisdiction in relation to industrial matters that is constituted under an enactment of another State or of a Territory of the Commonwealth may, with the prior agreement of the Minister for the time being administering that enactment, be appointed under [section 5(2A)](#GS5@Gs2A@EN) as a Commissioner, the President, or the Deputy President, of the Commission.