Law Enforcement Conduct Commission Act 2016

This clause applies to a person—

who was a Judge of the Supreme Court or the District Court before being appointed as a member of the Commission or Assistant Commissioner (whether on a regular or an acting basis), and

whose resignation as a Judge took effect immediately before the appointment as a member of the Commission or Assistant Commissioner took effect, and

whose instrument of appointment as a member of the Commission or Assistant Commissioner declared that the person’s commission as a Judge is to revive by force of this clause, and

who consented by letter to the Minister to the application of this clause.

The person’s commission as a Judge revives by force of this clause when the person ceases to hold office as a member of the Commission or Assistant Commissioner.

The person becomes, from the time the person ceases to hold office as a member of the Commission or Assistant Commissioner—

if the person was a Judge of the Supreme Court before being appointed as a member of the Commission or Assistant Commissioner—a Judge of the Supreme Court again, or

if the person was a Judge of the District Court before being appointed as a member of the Commission or Assistant Commissioner—a Judge of the District Court again.

Subclauses (2) and (2A) do not apply in relation to any other judicial office held by the person.

For the purposes of the Judges’ Pensions Act 1953—

service by the person as a member of the Commission or Assistant Commissioner is taken to be service as a Judge, and

references to a Judge or judicial office include references to the person in his or her capacity as a member of the Commission or Assistant Commissioner and the office of member of the Commission or Assistant Commissioner, and

references to notional judicial salary are, in relation to the person while a member of the Commission or Assistant Commissioner, references to the salary payable to the holder of a judicial office having a status equivalent to that of the judicial office held by the person immediately before being appointed as a member of the Commission or Assistant Commissioner.

Subclauses (2) and (2A) do not apply to the person if—

the person so requests by letter to the Minister, or

the person is removed from office as a member of the Commission or Assistant Commissioner by the Governor under clause 7 (2) on the ground of incapacity, incompetence or misbehaviour.

For the purposes of this clause, a re-appointment of the person as a member of the Commission or Assistant Commissioner without a break is taken to be a continuation of the previous appointment as such a member of the Commission or Assistant Commissioner.