New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 22)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this ActCourts Legislation Amendment Act 2005Courts Legislation Amendment Act 2006 , to the extent that it amends this ActCrown Law Officers Legislation Amendment (Retirement Age) Act 2011
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In
this Part:
"former Act" means the Public Defenders Act 1969 .
"public servant" means an officer or employee of the Public Service or an
employee of a statutory body.
"statutory body" means any body constituted by or under an Act that is
declared by proclamation to be a statutory body for the purposes of this Part.
(1) Any person who, immediately before the commencement of this subclause, was a Public Defender under the former Act (including both the Senior Public Defender and the Deputy Senior Public Defender) is taken to have been appointed under this Act as a Public Defender on the same conditions as to remuneration and allowances (subject to subclauses (2) and (3)) as those on which the person held office as Public Defender immediately before that commencement.
(2) The person who, immediately before the commencement of this subclause, was the Senior Public Defender (Martin Langford SIDES, Q.C.) is taken to have been appointed under this Act, for a period of 7 years beginning on the commencement of this subclause, as the Senior Public Defender on the same conditions as to remuneration and allowances as those on which the person held office as Senior Public Defender immediately before that commencement.
(3) The person who, immediately before the commencement of this subclause, was the Deputy Senior Public Defender (Michael Anthony GREEN, Q.C.) is taken to have been appointed under this Act, for a period of 5 years beginning on the commencement of this subclause, as a Deputy Senior Public Defender on the same conditions as to remuneration and allowances as those on which the person held office as Deputy Senior Public Defender immediately before that commencement.
(1) This clause applies to a Public Defender appointed under the former Act who, immediately before being so appointed, was:(a) a public servant, or(b) 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 servant.
(2) A person who ceases to be a Public Defender by resignation is entitled to be appointed to some position in the Public Service or in the relevant statutory body, as the case requires, not lower in classification and salary than that which the person held immediately before being appointed as a Public Defender under the former Act.
(1) This clause applies to a Public Defender appointed under the former Act who, immediately before being so appointed, was the holder of a full-time office constituted by an Act and who, immediately before being appointed to that office, was:(a) a public servant, or(b) 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 servant.
(2) A person who ceases to be a Public Defender has such rights, if any, to appointment to a position in the Public Service or in the relevant statutory body, as the case requires, as were set out in the terms of his or her appointment as a Public Defender under the former Act or as are agreed on by the person and by or on behalf of the Government.
(1) Section 6 (2A) applies to a Public Defender appointed before the commencement of that subsection.
(2) Until a relevant determination is made and takes effect under the Statutory and Other Offices Remuneration Act 1975 , a part-time Public Defender is entitled to be paid in accordance with the determination in force for the time being for Public Defenders, but on a pro rata basis (according to time spent in service), as calculated by the Attorney General.
In this Part:
"2007 amending Act" means the Crown Law Officers Legislation Amendment
(Abolition of Life Tenure) Act 2007 .
"Senior Officer" has the same meaning as in Schedule 1.
(1) This clause applies to the following persons ( "transitional office holders"):(a) a Public Defender who held office as a Public Defender immediately before the commencement of the 2007 amending Act,(b) a Senior Officer holding office immediately before the commencement of the 2007 amending Act who was a Public Defender or Crown Prosecutor immediately before being appointed as a Senior Officer,(c) a Senior Officer appointed after the commencement of the 2007 amending Act who held office as a Public Defender or Crown Prosecutor since before that commencement and until the person’s appointment as a Senior Officer.
(2) A transitional office holder holds office as a Public Defender while continuing to be a transitional office holder and, subject to this Act, after ceasing to be a transitional office holder.
(3) A person who holds office as a Public Defender pursuant to this clause holds that office until the Public Defender vacates the office under this Act as in force immediately before the commencement of the 2007 amending Act.
(4) The amendments made to Schedule 1 by the 2007 amending Act do not apply to the office held by a person as a transitional office holder.
(1) A person who holds office as a Public Defender immediately before the commencement of the 2007 amending Act and who is subsequently appointed to a Crown law office is, on ceasing to hold the Crown law office as a result of resignation or completion of a term of office, entitled to be reappointed to the office of Public Defender.
(2) This clause ceases to apply to a person if the person does not take up that reappointment within 3 months of ceasing to hold the Crown law office unless, within that 3-month period, the person is reappointed to that Crown law office or appointed to another Crown law office.
(3) Clause 3 of Schedule 1 (as substituted by the 2007 amending Act) and clause 5 (1) (b1) of Schedule 1 (as inserted by the 2007 amending Act) do not apply to the office of Public Defender to which a person is reappointed under this clause, and a person continues to hold that office until the person vacates the office under this Act.
(4) This clause is capable of operation in relation to the same person on more than one occasion.
(5) In this clause, "Crown law office" means the office of Director of Public Prosecutions, Deputy Director of Public Prosecutions, Solicitor for Public Prosecutions, Crown Prosecutor, Senior Crown Prosecutor, Deputy Senior Crown Prosecutor, Senior Public Defender, Deputy Senior Public Defender or Solicitor General.
(1) A person who holds office as a Public Defender, Senior Public Defender or Deputy Senior Public Defender immediately before the commencement of the Crown Law Officers Legislation Amendment (Retirement Age) Act 2011 and who was appointed for a specified term of office shorter than 7 years is taken to have been appointed for a term of 7 years.
(2) Subclause (1) does not apply to the term of office of a person appointed to act in any such office.
(3) The amendments made to this Act by the Crown Law Officers Legislation Amendment (Retirement Age) Act 2011 do not affect any right preserved by this Schedule to hold office beyond a retiring age provided by this Act.