New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 57A (2))
A person is not eligible to be appointed as Inspector or to act in that office if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth.
(1) The Governor may, from time to time, appoint a person to act in the office of Inspector during the illness or absence of the Inspector. The person, while so acting, has all the functions of the Inspector and is taken to be the Inspector.
(2) The Governor may, at any time, remove a person from the office to which the person was appointed under this clause.
(3) A person while acting under this clause is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine.
(4) For the purposes of this clause, a vacancy in the office of Inspector is taken to be an absence from office of Inspector.
(1) The office of Inspector may be a full-time or part-time office, according to the terms of appointment.
(2) The holder of a full-time office referred to in subclause (1) is required to hold it on that basis, except to the extent permitted by the Governor.
(1) Subject to this Schedule, the Inspector holds office for such term not exceeding 5 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(2) A person may not hold the office of Inspector for terms totalling more than 5 years.
(1) The Inspector is entitled to be paid such remuneration (including travelling and subsistence allowances) as may be specified in the instrument of appointment or as may be afterwards determined by the Governor from time to time.
(2) A determination does not operate so as to reduce the rate at which remuneration is payable during the person’s current term of office.
(3) The Inspector is not, if a Judge of a New South Wales court and while receiving remuneration as such a Judge, entitled to remuneration under this Act.
(1) The appointment of a person who is the holder of a judicial office as Inspector or service by a person who is the holder of a judicial office as Inspector does not affect:(a) the person’s tenure of that judicial office, or(b) the person’s rank, title, status, remuneration or other rights or privileges as the holder of that judicial office.
(2) The person’s service as Inspector is, for all purposes, taken to be service as the holder of that judicial office.
(3) In this clause:
"judicial office" means an office of Judge of a court of New South Wales.
(1) Vacancies The office of Inspector becomes vacant if the holder:(a) dies, or(b) completes a term of office and is not re-appointed, or(c) holds office for longer than the relevant term mentioned in clause 4, or(d) resigns the office by instrument in writing addressed to the Governor, or(e) is nominated for election as a member of the Legislative Council or of the Legislative Assembly or as a member of a House of Parliament or a legislature of another State or Territory or of the Commonwealth, or(f) 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) becomes a mentally incapacitated person, or(h) 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(i) is removed from office under subclause (2).
(2) Removal from office The Inspector may be removed from office by the Governor on the address of both Houses of Parliament.
If the office of Inspector becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) The Public Sector Employment and Management Act 2002 does not apply to the appointment of the Inspector, and the holder of that office is not, as holder, subject to that Act.
(2) If by or under any other 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 Inspector or from accepting and retaining any remuneration payable to the person under this Act as Inspector.
(1) A person is not to be appointed as Inspector until:(a) a proposal that the person be so appointed has been referred to the Joint Committee under section 64A, and(b) the period that the Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment.
(2) A person may be proposed for appointment on more than one occasion.
(3) In this clause, "appointment" includes re-appointment.