New South Wales Repealed Acts

This legislation has been repealed.

PUBLIC TRUSTEE ACT 1913 - SECT 5

5 Office of Public Trustee

(1) The Governor is to appoint a person to hold office as the Public Trustee.

(1A) Subject to this Act, the person appointed to the office of Public Trustee holds office for such period (not exceeding 5 years) as is specified in his or her instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

(2) The person for the time being holding the office of Public Trustee may be suspended from his or her office by the Governor for misbehaviour or incompetence, but shall not be removed from office except as hereinafter provided:

The Minister shall cause to be laid before Parliament a full statement of the grounds of suspension within seven sitting days after such suspension if Parliament is in session, and, if not, then within seven sitting days after the commencement of the next session.

The person suspended under this subsection shall be restored to office unless each House of Parliament within twenty-one days from the time when such statement has been laid before it declares by resolution that such person ought to be removed from office; and if each House of Parliament within the said time does so declare such person shall be removed from office by the Governor accordingly.

(3)

(a) The person for the time being holding the office of Public Trustee shall cease to hold office if he or she:

(i) dies,

(ii) resigns his or her office by writing under his or her hand addressed to the Governor,

(iii) engages in New South Wales in any paid employment outside the duties of his office except with the approval of the Governor,

(iv) 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,

(v) is absent from duty without reasonable cause for a period of fourteen consecutive days except on leave granted by the Governor, or

(vi) becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act.

(4) Notwithstanding anything in any Act nothing contained in this Act shall affect the rights accrued or accruing under the Public Service Act 1902 , the Public Service (Amendment) Act 1919 or the Superannuation Act 1916 to any officer of the Public Service appointed as Public Trustee.

(5) Any officer of the Public Service appointed as Public Trustee shall continue to contribute to any fund or account and be entitled to receive any deferred or extended leave and any pension, payment, or gratuity, as if he or she were an officer or employee within the meaning of the Public Service Act 1902 , the Public Service (Amendment) Act 1919 or the Superannuation Act 1916 , as the case may be; and for such purpose his or her service as Public Trustee shall be deemed to be service for the purpose of such Acts.

(6) The replacement of subsection (1) by the Statute Law (Miscellaneous Provisions) Act (No 2) 2003 does not affect the appointment of a person as the Public Trustee if the appointment was in force immediately before the replacement of that subsection.