New South Wales Consolidated Acts New South Wales Consolidated ActsIn this Schedule--
"increased retirement age day" means the day on which the amendments made to
section 44 (Retirement of judicial officers) of the Judicial Officers Act 1986
by the Justice Legislation Amendment Act (No 3) 2018 commenced.
"office" means the office of Director, Deputy Director or Solicitor.
"Senior Officer" means the Director, a Deputy Director or the Solicitor.
"statutory body" means any body declared under clause 12 to be a statutory
body for the purposes of this Schedule.
(2) A person is not eligible to be appointed as Director unless the person is an Australian lawyer of at least 7 years' standing.
(3) A person is not eligible to be appointed as a Deputy Director unless the person is an Australian lawyer of at least 5 years' standing.
(4) A person is not eligible to be appointed as Solicitor unless the person is an Australian lawyer of at least 5 years' standing.
(5) A person is not eligible to be appointed as a Senior Officer if the person is a member of the Legislative Council or the Legislative Assembly of New South Wales or is a member of a House of Parliament of another State or of the Commonwealth.
(1) The Director is to be appointed by the Governor for a term of 10 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 75 years.
(2) A Senior Officer other than the Director 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.
(3) The Director is not eligible for reappointment, including reappointment after the end of the Director's term.
(4) A Senior Officer other than the Director is eligible (if otherwise qualified) for reappointment.
(1) A Senior 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 Senior Officer.
(2) The leave which may be granted to a Senior Officer shall be as the Attorney General may from time to time determine in respect of the Senior Officers.
(1) A Senior Officer shall be deemed to have vacated office if the Officer--(a) dies,(b) resigns the office by instrument in writing addressed to the Governor, or(c) when the Officer is the Director--reaches the age of--(i) if the Director was appointed or reappointed before the increased retirement age day--72 years, or(ii) if the Director was appointed or reappointed on or after that day--75 years, or(c1) when the Officer is not the Director--reaches the age of 72 years, or(d) is removed from office by the Governor under subclause (2) or (3).
(2) If a Senior Officer--(a) is nominated for election as a member of the Legislative Council or the Legislative Assembly of New South Wales or as a member of a House of Parliament of another State or of the Commonwealth,(b) 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,(c) becomes a mentally incapacitated person,(d) 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(e) fails, without reasonable excuse, to comply with clause 5 or 6,the Officer shall be removed from office by the Governor.
(3) The Governor may remove a Senior Officer from office--(a) for incapacity, incompetence or misbehaviour, or(b) if the Officer is--(i) convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or upwards, or(ii) convicted elsewhere than in New South Wales of an offence that if committed in New South Wales would be an offence so punishable.
(4) Anything done or purporting to have been done by a Senior Officer after the Officer has reached the applicable retirement age referred to in subclause (1) (c) or (c1) is nevertheless as valid as if the Officer had not reached that age.
A Senior Officer shall give written notice to the Attorney General of all direct or indirect pecuniary interests that the Officer has or acquires in any business whether in New South Wales or elsewhere or in any body corporate carrying on any such business.
(1) A Senior Officer shall not, without the consent of the Attorney General--(a) engage in the practice of the 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) A Senior Officer shall not contravene or fail to comply with any conditions attached to any such consent.
The office of a Senior Officer is a statutory office and the Government Sector Employment Act 2013 (including Part 6) does not apply to that office.
(1) The Attorney General may appoint a person who is eligible for appointment as a Senior Officer to act in the office of that Senior Officer--(a) during a vacancy in that office, whether or not an appointment has previously been made to that office, or(b) during any period, or during all periods, when the person holding that office is absent from duty or from New South Wales or is, for any other reason, unable to exercise the functions of that office.
(2) An appointment of a person under this clause may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
(3) The Attorney General may--(a) subject to this section, determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in the office of a Senior Officer, and(b) terminate such an appointment at any time.
(4) A person may not act or be appointed to act under this clause for a period of more than 12 months at a time.
(5) While a person is acting in the office of a Senior Officer, the person has and may exercise all the functions of the Officer and shall be deemed to be the Officer.
(6) The validity of anything done by or in relation to a person purporting to act in the office of a Senior Officer under an appointment made under this clause shall not be called in question on the ground that--(a) the occasion for the appointment had not arisen,(b) there is a defect or irregularity in or in connection with the appointment,(c) the appointment had ceased to have effect, or(d) the occasion for the person to act had not arisen or had ceased.
(7) A person may be appointed to act in the office of a Senior Officer (and may act in that office) even if the person is of or above the age at which a holder of the office would vacate the office.
(1) Subject to subclause (2) and to the terms of appointment, if a Senior Officer was, immediately before being appointed as a Senior Officer--(a) a Public Service employee, or(b) a contributor to a superannuation scheme, or(c) a member of staff of 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 a Public Service employee or member of staff of a statutory body,the Senior Officer--(e) retains any rights accrued or accruing to the Senior Officer as such an employee, contributor or member of staff, and(f) may continue to contribute to any superannuation scheme to which the Senior Officer was a contributor immediately before being appointed as a Senior Officer, and(g) is entitled to receive any deferred or extended leave and any payment, pension or gratuity,as if the Senior Officer had continued to be such an employee, contributor or member of staff during his or her service as a Senior Officer, and--(h) his or her service as a Senior Officer is taken to be service as an employee or member of staff for the purpose of any law under which those rights accrued or were accruing, under which the Senior Officer continues to contribute or by which that entitlement is conferred, and(i) the Senior Officer is taken to be an employee or member of staff for the purposes of the superannuation scheme to which the Senior Officer is entitled to contribute under this clause.
(2) If a Senior Officer would, but for this subclause, be entitled under subclause (1) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme--(a) he or she shall not be so entitled on becoming (whether on appointment as a Senior Officer or at any later time while holding office as a Senior Officer) a contributor to any other superannuation scheme, and(b) the provisions of subclause (1) (i) cease to apply to or in respect of him or her in any case where he or she becomes a contributor to any such other superannuation scheme.
(3) Subclause (2) does not prevent the payment to a Senior Officer on 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 resignation, to be an employee or member of staff for the purposes of the scheme.
(4) A Senior Officer is not, in respect of the same period of service, entitled to claim a benefit under this Act and another Act.
(5) In 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.
(1) The Judges' Pensions Act 1953 applies, with any necessary adaptations, to a person who is or was Director (and the person's spouse and children) in the same way as it applies to a person who is or was a judge (and the person's spouse and children), except that--(a) section 3 of that Act applies to a person who vacated the office of Director under clause 4 (1) (c) after serving as Director for not less than 5 years, and(b) section 4 of that Act applies as follows--(i) for a person appointed Director before the increased retirement age day--section 4 (1) applies to the person if the person ceased to hold office as Director after having reaching the age of 60 years and serving as Director for not less than 10 years as if a reference in that subsection to retiring at the mandatory judicial retirement age were a reference to having vacated office under clause 4 (1) (c),(ii) for a person appointed Director on or after the increased retirement age day--section 4 (2) applies to the person if the person ceased to hold office as Director after having attained the age of 65 years and serving as Director for not less than 10 years as if a reference in that subsection to retiring at the mandatory judicial retirement age were a reference to having vacated office under clause 4 (1) (c), and(c) section 5 of that Act applies to a person who held office as Director as if a reference in section 5 (2) to having attained the mandatory judicial retirement age and then retired were a reference to having vacated office under clause 4 (1) (c) (regardless of whether the person's term of office would have expired before the person could have attained the mandatory judicial retirement age), and(d) section 6 of that Act applies to a person who died while holding office as Director as if a reference in section 6 (5) to having attained the mandatory judicial retirement age and then retired and died were a reference to having vacated office under clause 4 (1) (c) and died (regardless of whether the person's term of office would have expired before the person could have attained mandatory judicial retirement age).
(2) The following provisions apply if a person who is or was a judge becomes Director or a person who is or was Director becomes a judge--(a) in the case of a Director or former Director who becomes a judge (whether or not for the first time)--(i) any period served by that person as Director is, for the purposes of the Judges' Pensions Act 1953 , to be computed as portion of the person's service as a judge in the judicial office that the person holds immediately before the person's retirement as a judge or death before such retirement (as the case may be), and(ia) for a person who was appointed as Director before the increased retirement age day--section 4 (1) of the Judges' Pensions Act 1953 applies to the person instead of section 4 (2) of that Act even if the person was appointed as a judge on or after that day, and(ii) the right to any pension that the person is receiving, or is entitled to receive, under the Judges' Pensions Act 1953 (as applied by this clause) in his or her capacity as Director or a former Director ceases,(b) in the case of a judge or former judge who becomes Director--(i) any period served by that person as a judge is, for the purposes of the Judges' Pensions Act 1953 as applied by this clause, to be computed as portion of the person's service as Director where the person holds that office immediately before the person's retirement as Director or death before such retirement (as the case may be), and(ia) for a person who was appointed as a judge before the increased retirement age day--section 4 (1) of the Judges' Pensions Act 1953 as applied by this clause applies to the person instead of section 4 (2) of that Act even if the person was appointed as Director on or after that day, and(ii) the right to any pension that the person is receiving, or is entitled to receive, under the Judges' Pensions Act 1953 in his or her capacity as a judge or former judge ceases.
(3) Subclauses (1) and (2) do not apply to--(a) a person who elects, pursuant to subclause (5), to continue to contribute under another superannuation scheme, or(b) a person acting in the office of Director.
(4) The Director is not, subject to subclause (5), an employee for the purposes of another superannuation fund.
(5) A person appointed to be Director who, at the date of the appointment, was a contributor under another superannuation scheme may elect to continue to contribute under that scheme, and if the person so elects the person shall be deemed to be an employee for the purposes of that scheme.
(6) In this clause--
"judge" has the same meaning as in the Judges' Pensions Act 1953 .
"spouse" has the same meaning as in the Judges' Pensions Act 1953 .
"superannuation scheme" has the same meaning as
"STC fund" or
"STC scheme" has in the Superannuation Administration Act 1996 .
(1) A person who--(a) ceases to be a Senior Officer by resignation or completes a term of office as Senior Officer and is not reappointed, and(b) was, immediately before being appointed as a Senior Officer, a Public Service employee or member of staff of a statutory body,is entitled to be employed in the Public 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 a Senior Officer.
(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 a Senior Officer,the person shall have such rights, if any, to employment as such an employee or member of staff, in the event of ceasing to be a Senior Officer, as are specified in the instrument of appointment as a Senior Officer or as are agreed on by the person and by or on behalf of the Government.
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 Schedule.