Environment, Resources and Development Court Act 1993

A commissioner will be appointed either on a full-time or part-time basis.

Subject to this section, a commissioner holds office on terms and conditions determined by the Governor.

The following provisions apply in respect of full-time or permanent

the commissioner is not a Public Service employee, but will have rights to long service leave, recreation leave, sick leave and other forms of leave as if the commissioner were a Public Service employee; and

the commissioner may retire at or after the age of 55 years and must retire on attaining the age of 70 years; and

the commissioner may, after retiring, complete the hearing and determination of an appeal or matter part heard by the commissioner at the time of his or her retirement (and will, for that purpose, be taken to continue as a commissioner); and

the commissioner is an employee within the meaning of the Superannuation Act 1974;

the commissioner is entitled to the remuneration determined by the

A part-time commissioner (not being a permanent part-time commissioner) will be appointed for a term of office (not exceeding five years) determined by the Governor and will, at the expiration of a term of office, be eligible for reappointment.

The office of a commissioner becomes vacant if the commissioner—

dies; or

being a full-time or permanent part-time commissioner—attains the age of 70 years or retires before attaining that age; or

being a part-time commissioner (other than a permanent part-time commissioner)—completes a term of office and is not reappointed;

resigns by notice in writing addressed to the Minister;

is removed from office by the Governor on the ground of—

physical or mental incapacity to carry out official duties satisfactorily; or

incompetence; or

misconduct.