New South Wales Repealed Acts

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This legislation has been repealed.


SCHEDULE 5 – Provisions relating to Principal official visitor and official visitors

(Section 229)

1 Terms of office

Subject to this Schedule, an official visitor holds office for such period (not exceeding 3 years) as may be specified in the official visitor's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

2 Remuneration

An 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.

3 Vacancy in office of member

(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 8 of the Public Sector Management Act 1988 , 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
(g) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable, or
(h) being the Principal official visitor or an official visitor appointed for an authorised hospital, has a pecuniary interest, directly or indirectly, in an authorised hospital, or
(i) signs a certificate or request for the admission of a person to a hospital or attends professionally on a patient in a hospital.
(2) The Minister may remove an official visitor from office at any time.

3A Suspension of office

(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.

4 Effect of certain other Acts

(1) The Public Sector Management Act 1988 does not apply to the appointment of an official visitor and an official visitor is not, as an official visitor, subject to that Act (except Part 8).
(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.
(3) The office of an official visitor is not, for the purposes of any Act, an office or place of profit under the Crown.

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