New South Wales Consolidated Acts

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GOVERNMENT SECTOR AUDIT ACT 1983 - SCHEDULE 1

SCHEDULE 1 – The Auditor-General

(Section 28 (2))

Part 1 - Appointment and terms of office

1A Auditor-General to continue in office

The person holding office as Auditor-General immediately before the commencement of Schedule 2 (1) to the Public Finance and Audit (Auditor-General) Amendment Act 1991 --

(a) is, on that commencement, taken to be appointed to that office, in accordance with section 28 (1), for a term expiring 7 years from that commencement or when the person attains the age of 65 years, whichever occurs first, and
(b) is not eligible for re-appointment, including re-appointment after the end of that term.

2 Disabilities

(1) The Auditor-General shall not, during continuance in office as Auditor-General, be capable of being a member of the Executive Council or of the Parliament of the Commonwealth or of a State of the Commonwealth.
(2) The Auditor-General is not to hold any other position in the public sector during his or her term of office as Auditor-General or after the expiration of that term, except with the consent of the Governor.

4 Auditor-General a statutory officer and not Public Service employee

The office of Auditor-General is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office.

4A Resignation of Auditor-General

The office of Auditor-General becomes vacant if the Auditor-General resigns the office by instrument in writing addressed to the Governor.

5 Removal from office

The Governor may remove the Auditor-General from office upon the address of both Houses of the Legislature.

6 Suspension from office

(1) The Governor may suspend the Auditor-General from office--
(a) for misbehaviour,
(b) for incapacity,
(c) if the Auditor-General directly or indirectly engages in any paid employment outside the duties of the office of Auditor-General, or in any trade or business,
(d) if the Auditor-General becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(e) if the Auditor-General is absent from duty for a period in excess of his or her leave entitlement as approved by the Governor unless the absence is caused by illness or other unavoidable cause.
(2) The Minister shall lay or cause to be laid before each House of Parliament, within 7 sitting days of that House after the Auditor-General has been suspended from office, a full statement of the grounds for the suspension.
(3) The suspension shall be lifted unless each House of Parliament, within 21 sitting days from the time when the statement was laid before it, declares by resolution that the Auditor-General ought to be removed from office.
(4) If each House does so declare within that period, the Auditor-General shall be removed from office by the Governor.
(5) For the purposes of this section, sitting days shall be counted whether or not they occur in the same session.

7 Preservation of rights of Auditor-General previously public servant etc

(1) In this clause--

"statutory body" means any body declared under subclause (6) to be a statutory body for the purposes of this clause.

"superannuation scheme" means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under any Act.
(2) Subject to subclause (3) and to the terms of appointment, where the Auditor-General was, immediately before being appointed as Auditor-General--
(a) an officer of the Public Service or the Teaching Service,
(b) a contributor to a superannuation scheme,
(c) an officer employed by a statutory body, or
(d) a person in respect of whom provision was made by any Act for the retention of any rights accrued or accruing to the person as an officer or employee,
he or she--
(e) shall retain any rights accrued or accruing to him or her as such an officer, contributor or person,
(f) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before being appointed as Auditor-General, and
(g) shall be entitled to receive any deferred or extended leave and any payment, pension or gratuity,
as if he or she had continued to be such an officer, contributor or person during his or her service as Auditor-General, and--
(h) his or her service as Auditor-General shall be deemed to be service as an officer or employee for the purpose of any law under which those rights accrued or were accruing, under which he or she continues to contribute or by which that entitlement is conferred, and
(i) he or she shall be deemed to be an officer or employee, and the Government of New South Wales shall be deemed to be the employer, for the purpose of the superannuation scheme to which he or she is entitled to contribute under this section.
(3) If the Auditor-General would, but for this subclause, be entitled under subclause (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under that scheme, he or she shall not be so entitled upon becoming (whether upon appointment as Auditor-General or at any later time while holding office as Auditor-General) a contributor to any other superannuation scheme, and the provisions of subclause (2) (i) cease to apply to or in respect of him or her and the Government of New South Wales in any case where he or she becomes a contributor to such another superannuation scheme.
(4) Subclause (3) does not prevent the payment to the Auditor-General upon his or her ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to him or her if he or she had ceased, by reason of resignation, to be an officer or employee for the purposes of that scheme.
(5) The Auditor-General shall not, in respect of the same period of service, be entitled to claim a benefit under this Act and another Act.
(6) The Governor may, by proclamation published in the Gazette, declare any body constituted by or under any Act to be a statutory body for the purposes of this clause.

Part 2 - Auditor-General's declaration

(Section 29 (1))

I,, do solemnly and sincerely promise and declare that, according to the best of my skill and ability, I will faithfully, impartially and truly execute the office and perform the duties of Auditor-General according to law.



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