Public Defenders Act 1995 (NSW)

Public Defenders Act 1995 No 28

An Act to provide for the appointment and functions of Public Defenders; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Public Defenders Act 1995.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions In this Act: community legal centre means an Aboriginal legal service or other community legal service within the meaning of the Legal Profession Uniform Law (NSW). exercise a function includes perform a duty. function includes a power, authority or duty. legally assisted person means a person who is a legally assisted person within the meaning of the Legal Aid Commission Act 1979 or who is receiving legal assistance through a community legal centre. part-time Public Defender means a Public Defender exercising his or her functions as a Public Defender on a part-time basis, as provided by an agreement referred to in section 6 (2A).

Part 2 Appointment of Public Defenders

3A Guidelines for appointments The Attorney General may issue guidelines as to the process for the selection of a person to be proposed for appointment (including reappointment) to any office under this Part. The guidelines are not mandatory and a failure to comply with them does not affect the validity of an appointment.

4 Appointment of Senior Public Defender (1) The Governor may appoint a Senior Public Defender. (2) The Senior Public Defender has such functions as are conferred or imposed on the Senior Public Defender by or under this or any other Act. (3) The Senior Public Defender is responsible to the Attorney General for the due exercise of the Senior Public Defender's functions, but nothing in this subsection affects or derogates from the authority of the Senior Public Defender in respect of the conduct of any proceedings. (4) Schedule 1 has effect in relation to the Senior Public Defender.