Subdiv 5Commissioners

Subdivision 5—Commissioners 16—Appointment of Commissioners (1) The Governor may, on the recommendation of the Minister, appoint a person as a Commissioner. (2) The Minister may from time to time appoint a panel of persons who will, at the request of the Minister— (a) after consultation with the President, recommend the selection criteria for Commissioners; (b) assess a candidate or candidates for appointment as a Commissioner (and, as appropriate, to provide advice to the Minister for the purposes of subsection (1)). (3) A person is eligible for appointment as a Commissioner only if the person— (a) is a legal practitioner of at least 5 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State); or (b) has, in the Minister's opinion, extensive knowledge, expertise or experience relating to a class of matter for which functions may be exercised by the Tribunal. (4) In recommending persons for appointment as Commissioners, the Minister must have regard to— (a) any criteria applying under subsection (2)(a); and (b) any advice provided under subsection (2)(b); and (c) the following: (i) the need for balanced gender representation in the membership of the Tribunal; (ii) the need for the membership of the Tribunal to reflect social and cultural diversity; (iii) the range of knowledge, expertise and experience required within the membership of the Tribunal. (5) The Minister must consult with the President of the Tribunal before making a recommendation under subsection (1). (6) A Commissioner will be appointed for a term of office, not exceeding 5 years, specified in the instrument of appointment. (7) A person appointed as a Commissioner is eligible for reappointment at the expiration of a term of office (and without the need for seeking advice from a panel established under subsection (2)). (8) A Commissioner is appointed on conditions specified in the instrument of appointment. (9) A Commissioner may be appointed on a full‑time, part‑time or sessional basis (and this may be altered from time to time with the agreement of the Minister). (10) A Commissioner— (a) must advise the President of the Tribunal of the nature of any paid employment or professional work undertaken outside his or her duties as a member of the Tribunal; and (b) must not engage in any such employment or work if the President informs the member that, in the President's opinion, to do so would or may conflict with the proper performance of the member's duties of office. (11) The Minister must consult with the President about— (a) the conditions of an appointment under subsection (8); and (b) the basis of an appointment under subsection (9). 17—Commissioner ceasing to hold office and suspension (1) The Governor may, on the recommendation of the Minister, remove a Commissioner from office for— (a) misconduct; or (c) incompetence; or (d) incapacity to carry out official duties satisfactorily. (2) A person ceases to be a Commissioner if the person— (d) ceases to satisfy any qualification by virtue of which the person was eligible for appointment to the Tribunal; or (e) is removed from office under subsection (1). (3) The Minister must consult with the President before making a recommendation under subsection (1). (4) The President may, on his or her own initiative or at the request of the Minister, suspend a Commissioner from office if it appears that there may be grounds for the removal of the Commissioner from the Commissioner's office. (5) If a Commissioner who is appointed on a full‑time or part‑time basis is suspended under subsection (4), the Commissioner remains entitled to the Commissioner's usual remuneration and allowances during the period of suspension. 18—Supplementary Commissioners (1) The Minister may, at the request or with the agreement of the President of the Tribunal, temporarily appoint a person to act as a supplementary Commissioner in relation to a particular matter or matters or for a specified period. (2) The Minister may only appoint a person under this section if he or she is eligible for appointment as a Commissioner. (3) An appointment under this section must be made in writing. (4) The person may act as a member of the Tribunal in relation to a matter, or for the period, for which the person is appointed, and when acting under the appointment the person is to be regarded as a Commissioner for the purposes of this Act and any relevant Act (and the other provisions of this Subdivision apply with any necessary modifications in relation to a person appointed under this section). (5) A person appointed under this section is, for the period of appointment, entitled to be paid any salary or allowances determined by the Minister after consultation with the President of the Tribunal. (6) A person appointed under this section for a particular period may be appointed to act for a further period by the Minister after consultation with the President of the Tribunal. (7) The Governor may at any time, on the recommendation of the Minister, cancel the appointment of a person under this section. (8) Before the Governor acts under subsection (7), the Minister must consult with the President of the Tribunal (unless the Minister is acting at the request of the President).