New South Wales Consolidated Acts

CROWN PROSECUTORS ACT 1986 - SECT 9

9 Vacation of office

(1) A Crown Prosecutor vacates office if he or she:

(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 subsection (2), (3) or (4).

(2) A Crown Prosecutor who fails, without reasonable excuse, to comply with section 10 is to be removed from office by the Governor.

(3) The Governor may remove a Crown Prosecutor from office for incapacity, incompetence, misbehaviour or unsatisfactory performance.

(4) The Governor may also remove a Crown Prosecutor from office if the Crown Prosecutor:

(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 a Crown Prosecutor after he or she reaches the age of 72 years is nevertheless as valid as if he or she had not reached that age.

(6) In this section, "Crown Prosecutor" includes the Senior Crown Prosecutor and a Deputy Senior Crown Prosecutor.