New South Wales Consolidated Acts New South Wales Consolidated Acts(Sections 4, 5 and 6)
In this Schedule:
"Officer" means the Senior Public Defender, a Deputy Senior Public Defender or
a Public Defender.
"public servant" means a person employed in the Public Service or a member of
staff of a statutory body.
"Senior Officer" means the Senior Public Defender or a Deputy Senior Public
Defender.
"statutory body" means any body constituted by or under an Act that is
declared by proclamation to be a statutory body for the purposes of this
Schedule.
(1) A person must be an Australian lawyer of at least 7 years' standing to be eligible for appointment as the Senior Public Defender.
(2) A person must be an Australian lawyer of at least 5 years' standing to be eligible for appointment as a Deputy Senior Public Defender.
(3) A person must be an Australian lawyer to be eligible for appointment as a Public Defender.
An Officer is to be appointed by the Governor for a term of 7 years or for such shorter term as may be necessary to ensure that the person's term of office extends to (but not beyond) the date on which the person reaches the age of 72 years. An Officer is eligible (if otherwise qualified) for reappointment.
(1) An Officer is entitled to be paid:(a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 , and(b) such travelling and subsistence allowances as the Attorney General may from time to time determine in respect of the Officer.
(2) The leave that may be granted to an Officer is to be as the Attorney General may from time to time determine in respect of the Officer.
(1) An Officer vacates office if the person:(a) dies, or(b) resigns the office by instrument in writing addressed to the Governor, or(c) reaches the age of 72 years, or(d) ceases to be an Australian lawyer, or(e) is removed from office by the Governor under subclause (2), (3) or (4).
(2) An Officer who fails, without reasonable excuse, to comply with clause 6 is to be removed from office by the Governor.
(3) The Governor may remove an Officer from office for incapacity, incompetence, misbehaviour or unsatisfactory performance.
(4) The Governor may also remove an Officer from office if the Officer:(a) 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(b) becomes a mentally incapacitated person, or(c) absents himself or herself from duty for 14 days (whether or not wholly or partly consecutive) in any period of 12 months, except on leave granted by the Attorney General or unless the absence is occasioned by illness or other unavoidable cause, or(d) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or(e) is convicted elsewhere than in New South Wales of an offence that if committed in New South Wales would be an offence so punishable.
(5) Anything done or purporting to have been done by the Officer after the Officer reaches the age of 72 years is nevertheless as valid as if the Officer had not reached that age.
(1) If of the opinion that there may be grounds for an Officer's removal from office, the Senior Public Defender may suspend the Officer from duty pending a decision being made as to whether or not he or she should be so removed.
(2) If the Senior Public Defender so directs, any salary payable to the Officer in relation to the period during which he or she is under suspension is to be withheld.
(3) If the Officer is removed from office, any salary so withheld is forfeited to the State unless the Senior Public Defender otherwise directs.
(4) A suspension imposed under this clause may be removed by the Senior Public Defender at any time.
(1) An Officer must not, without the consent of the Attorney General or (except in the case of the Senior Public Defender) the Senior Public Defender:(a) engage in the practice of law (whether within or outside New South Wales) outside the duties of his or her office, or(b) engage in paid employment outside the duties of his or her office.
(2) An Officer must not contravene or fail to comply with any conditions attached to any such consent.
The office of an Officer is a statutory office and the Government Sector Employment Act 2013 (including Part 6) does not apply to that office.
(1) This clause applies to an Officer who, immediately before being appointed as an Officer, was:(a) a public servant, or(b) 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 a public servant.
(2) Subject to the terms of his or her appointment as an Officer, an Officer:(a) retains any rights accruing to the Officer as a public servant, and(b) is entitled to receive any deferred or extended leave,as if he or she had continued to be a public servant during his or her term of office as an Officer.
(3) An Officer's service as an Officer is taken to be service as a public servant for the purposes of any law under which any rights of the kind referred to in subclause (2) (a) accrued or were accruing or by which any entitlement referred to in subclause (2) (b) is conferred.
(1) A person who:(a) ceases to be an Officer by resignation or who completes a term of office as an Officer and is not reappointed, and(b) was, immediately before being appointed as an Officer:is entitled to be employed in the Public Service, the Teaching Service or the NSW Health Service or as a member of staff of that statutory body, as the case requires, at a work level and salary not lower than the level at which the person was employed immediately before being appointed as an Officer.(i) a person employed in the Public Service, the Teaching Service or the NSW Health Service, or(ii) a member of staff of a statutory body,
(2) Where subclause (1) does not apply to a person who:(a) was, immediately before being appointed to a full-time office constituted by an Act, an employee or member of staff referred to in subclause (1) (b), and(b) is after that appointment appointed as an Officer,the person is to have such rights, if any, to appointment as such an employee or member of staff, in the event of ceasing to be an Officer, as are specified in the instrument of appointment as an Officer or as are agreed on by the person and by or on behalf of the Government.