New South Wales Consolidated Acts

SOLICITOR GENERAL ACT 1969 - SCHEDULE 1

SCHEDULE 1 – Certain rights of Solicitor General

(Section 2 (11))

1 Definition

In this Schedule:
"statutory body" means any body declared under clause 4 to be a statutory body for the purposes of this Schedule.

2 Preservation of rights of Solicitor General previously public servant etc

(1) This clause applies to the Solicitor General if the Solicitor General, immediately before being appointed as Solicitor General, was:

(a) an officer of the Government Service, the Teaching Service or the NSW Health Service, or

(b) a contributor to a superannuation scheme, or

(c) an officer employed by 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 an officer or employee.

(2) Subject to the terms of his or her appointment, the Solicitor General:

(a) is to retain any rights accrued or accruing to him or her as such an officer, contributor or person, and

(b) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before being appointed as Solicitor General, and

(c) is entitled to receive any deferred or extended leave and any payment, pension or gratuity,

as if the Solicitor General had continued to be such an officer, contributor or person during his or her service as Solicitor General.

(3) Service as Solicitor General is to be regarded as service as an officer or employee for the purpose of any law under which any such rights accrued or were accruing, under which he or she continues to contribute to any such superannuation scheme or by which any such entitlement is conferred.

(4) For the purposes of the superannuation scheme to which the Solicitor General is entitled to contribute under this clause, the Solicitor General is to be regarded as an officer or employee and the Government of New South Wales is to be regarded as the employer.

(5) If the Solicitor General would, but for this subclause, be entitled under subclause (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme:

(a) he or she is not so entitled on becoming (whether on appointment as Solicitor General or at any later time while holding office as Solicitor General) a contributor to any other superannuation scheme, and

(b) the provisions of subclause (4) 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.

(6) Subclause (5) does not prevent the payment to the Solicitor General (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 reason of resignation, to be an officer or employee for the purposes of the scheme.

(7) The Solicitor General is not, in respect of the same period of service, entitled to claim a benefit under this Act and another Act.

(8) In this clause:
"superannuation scheme" means a scheme, fund or arrangement established by or under an Act under which any superannuation or retirement benefits are provided.

3 Solicitor General entitled to reappointment to former employment in certain cases

(1) A person who:

(a) ceases to be Solicitor General by resignation or who completes a term of office as Solicitor General and is not reappointed, and

(b) was, immediately before being appointed as Solicitor General:

(i) an officer of the Government Service, the Teaching Service or the NSW Health Service, or

(ii) an officer or employee of a statutory body,

is entitled to be appointed to some position in the Government Service, the Teaching Service or the NSW Health Service or the service of that statutory body, as the case may be, not lower in classification and salary than that which the person held immediately before being appointed as Solicitor General.

(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 officer or employee referred to in subclause (1) (b), and

(b) is after that appointment appointed as Solicitor General,

the person is to have such rights, if any, to appointment as such an officer or employee, in the event of ceasing to be Solicitor General, as are specified in the instrument of appointment as Solicitor General or as are agreed on by the person and by or on behalf of the Government.

4 Declaration of statutory bodies

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.

5 Rights of existing office holder

(1) The amendments made to this Act by the Crown Law Officers Legislation Amendment (Abolition of Life Tenure) Act 2007 do not apply in respect of the person holding the office of Solicitor General immediately before the commencement of those amendments.

(2) In the application of section 6 of this Act to that person, a reference to vacation of office pursuant to section 2 (5) (e) is to be read as a reference to vacation of office pursuant to section 2 (5) (d) (and taken to be retirement from office in accordance with law).