New South Wales Consolidated Acts New South Wales Consolidated Acts(Sections 120 and 121)
A reference in this Schedule to the Inspector is taken to include a reference to an Assistant Inspector, except--
(a) in clauses 10 and 12, and
(b) as may be provided by the regulations.
(1) A person is not eligible to be appointed as Inspector or to act in that office unless the person has special legal qualifications.
(2) A person is not eligible to be appointed as Inspector or to act in that office if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth.
(1) Long illness or absence The Governor may, from time to time, appoint a person to act in the office of Inspector during the illness or absence of the Inspector.
(2) Short illness or absence The Minister may appoint a person to act in the office of Inspector during the illness or absence of the Inspector if the Minister has reason to believe that the duration of the illness or absence will not exceed 4 weeks. The Minister is not to make an appointment if there is a subsisting appointment under subclause (1).
(3) The person, while acting under this clause, has all the functions of the Inspector and is to be taken to be the Inspector.
(4) The Governor or Minister may, at any time, remove a person from the office to which the person was appointed by the Governor or Minister, respectively, under this clause.
(5) A person while acting under this clause is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor or Minister may from time to time determine.
(6) For the purposes of this clause--(a) a vacancy in the office of Inspector is taken to be an absence from office of the Inspector, and(b) an Assistant Inspector is taken to be absent from office as Assistant Inspector during any period when the Assistant Inspector acts in the office of the Inspector pursuant to an appointment under this clause.
(1) The office of Inspector may be a full-time or part-time office, according to the terms of appointment.
(2) The holder of a full-time office referred to in subclause (1) is required to hold it on that basis, except to the extent permitted by the Governor.
(1) Subject to this Schedule, the Inspector holds office for such term (not exceeding 5 years) as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(2) A person may not hold the office of Inspector (whether on a regular or an acting basis) for terms totalling more than 10 years.
(1) The Inspector is entitled to be paid such remuneration (including travelling and subsistence allowances) as may be specified in the instrument of appointment or as may be afterwards determined by the Governor from time to time.
(2) A determination does not operate so as to reduce the rate at which remuneration is payable during the person's current term of office.
(3) The Inspector is not, if a Judge of a New South Wales Court and while receiving remuneration as such a Judge, entitled to remuneration under this Act.
(1) The appointment of a person who is the holder of a judicial office as Inspector or service by a person who is the holder of a judicial office as Inspector does not affect--(a) the person's tenure of that judicial office, or(b) the person's rank, title, status, remuneration or other rights or privileges as the holder of that judicial office.
(2) The person's service as Inspector is, for all purposes, taken to be service as the holder of that judicial office.
(3) In this clause--
"judicial office" means an office of Judge of a court of New South Wales.
(1) This clause applies to a person--(a) who was a Judge of the Supreme Court or the District Court before being appointed as Inspector (whether on a regular or an acting basis), and(b) whose resignation as a Judge took effect immediately before the appointment as Inspector took effect, and(c) whose instrument of appointment as Inspector declared that the person's commission as a Judge is to revive by force of this clause, and(d) who consented by letter to the Minister to the application of this clause.
(2) The person's commission as a Judge revives by force of this clause when the person ceases to hold office as Inspector.
(2A) The person becomes, from the time the person ceases to hold office as Inspector--(a) if the person was a Judge of the Supreme Court before being appointed as Inspector--a Judge of the Supreme Court again, or(b) if the person was a Judge of the District Court before being appointed as Inspector--a Judge of the District Court again.
(2B) Subclauses (2) and (2A) do not apply in relation to any other judicial office held by the person.
(3) For the purposes of the Judges' Pensions Act 1953 --(a) service by the person as Inspector is taken to be service as a Judge of the Supreme Court, and(b) references to a Judge or judicial office include references to the person in his or her capacity as Inspector and the office of Inspector, and(c) references to notional judicial salary are, in relation to the person while Inspector, 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 Inspector.
(4) Subclauses (2) and (2A) do not apply to the person if--(a) the person so requests by letter to the Minister, or(b) the person is removed from office as Inspector by the Governor on the address of both Houses of Parliament under clause 9 (2) on the ground of incapacity, incompetence or misbehaviour.
(5) For the purposes of this clause, a re-appointment of the person as Inspector without a break is taken to be a continuation of the previous appointment as Inspector.
(1) The office of Inspector becomes vacant if the holder--(a) dies, or(b) completes a term of office and is not re-appointed, or(c) holds office for longer than the term of office for which the person is appointed or holds office for terms that exceed 5 years in total, or(d) resigns the office by instrument in writing addressed to the Minister, or(e) is nominated for election as a member of the Legislative Council or of the Legislative Assembly or as a member of a House of Parliament or a legislature of another State or Territory or of the Commonwealth, or(f) is absent from duty for 14 days (whether or not wholly or partly consecutive) in any period of 12 months, except on leave granted by the Minister or unless the absence results from illness or other unavoidable cause, or(g) engages in any paid employment outside the duties of his or her office, except with the consent of the Minister, or(h) 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(i) becomes a mentally incapacitated person, or(j) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted outside of New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(k) is removed from office under this clause.
(1A) Subclause (1) (f) and (g) do not apply if the Inspector holds office on a part-time basis.
(2) The Governor may remove the Inspector from office for incapacity, incompetence or misbehaviour.
If the office of Inspector becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) The office of Inspector is a statutory office and the Government Sector Employment Act 2013 does not apply to that office.
(2) If by or under any other Act provision is made--(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or(b) prohibiting the person from engaging in employment outside the duties of that office,the provision does not operate to disqualify the person from holding that office and also the office of Inspector or from accepting and retaining any remuneration payable to the person under this Act as Inspector.
(1) A person is not to be appointed as Inspector until--(a) a proposal that the person be so appointed has been referred to the Joint Committee under section 31BA of the Ombudsman Act 1974 , and(b) the period that the Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment.
(2) A person may be proposed for appointment on more than one occasion.
(3) In this clause,
"appointment" includes re-appointment.