New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"official visitor" includes the principal official visitor.
Subject to this Schedule, an official visitor holds office for the period (not exceeding 3 years) specified in the official visitor's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
An official visitor, including an acting official visitor, is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the official visitor.
Note--: Under the Interpretation Act 1987 , section 47, the power to appoint a person to an office includes the power to appoint a person to act in that office in certain circumstances.
(1) The office of an official visitor becomes vacant if the official visitor--(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Minister under this clause or by the Governor under Part 6 of the Government Sector Employment Act 2013 , or(e) 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(f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(g) being an official visitor appointed for a treatment centre, has a pecuniary interest, directly or indirectly, in the treatment centre, or(h) signs a certificate or request for the admission of a person to a treatment centre or attends professionally on a patient in a treatment centre.
(2) The Minister may remove an official visitor from office at any time.
(1) An official visitor is suspended from office if the official visitor becomes a mentally incapacitated person.
(2) The suspension from office ceases when the official visitor ceases to be a mentally incapacitated person or the period of the official visitor's appointment expires, whichever is the earlier.
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to an official visitor.
(2) If by or under any 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 an official visitor or from accepting and retaining any remuneration payable to the person under this Act as an official visitor.