Crown Advocate Act 1979 (NSW)

Crown Advocate Act 1979 No 59

An Act to provide for the appointment of a Crown Advocate and to define the duties and functions of the Crown Advocate.

1 Name of Act This Act may be cited as the Crown Advocate Act 1979.

2 Definition In this Act, except in so far as the context or subject-matter otherwise indicates or requires, Crown Advocate includes the deputy appointed to act for the Crown Advocate during the Crown Advocate's illness or absence from office.

3 Appointment of Crown Advocate (1) The Governor may appoint as Crown Advocate an Australian legal practitioner of at least 7 years' standing. (2) Any appointment pursuant to subsection (1) may be on such terms and conditions as the Governor determines. (3) (Repealed) (4) The office of Crown Advocate shall not be held by a Minister of the Crown.

4 Government Sector Employment Act 2013 not to apply The office of Crown Advocate is a statutory office and the Government Sector Employment Act 2013 does not apply to that office.

5 Term of office (1) Subject to this Act, the Crown Advocate shall hold office for such term, not exceeding 7 years, as is specified in the instrument of his or her appointment. (2) The Crown Advocate shall, if otherwise qualified, be eligible for re-appointment from time to time for such term, not exceeding 7 years, as is specified in the instrument of his or her re-appointment.

6 Vacation of office (1) The Crown Advocate shall be deemed to have vacated the office of Crown Advocate: (a) if the Crown Advocate is removed from office by the Governor pursuant to subsection (2), (b) if the Crown Advocate 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, allowances or estate for their benefit, (c) if the Crown Advocate 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7 of that Act, (d) if the Crown Advocate resigns the office by instrument in writing addressed to the Governor, or (e) (Repealed) (f) if the Crown Advocate engages (whether in New South Wales or elsewhere) during the Crown Advocate's term of office in any paid employment or in any remunerated practice of law outside the duties of the office. (g) (Repealed) (2) The Governor may, for any cause which appears to the Governor to be sufficient, remove the Crown Advocate from office. (3) (Repealed)