In this Schedule:
official visitor includes the Principal official visitor.
Subject to this Schedule, an official visitor holds office for the period (not exceeding 3 years) that is specified in the official visitor’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
An official visitor is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the official visitor.
(1) The office of an official visitor becomes vacant if the official visitor:(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Minister under this clause or by the Governor under Chapter 5 of the Public Sector Employment and Management Act 2002, or(e) 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, or(f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or(g) being the Principal official visitor or an official visitor appointed for a private mental health facility, has a pecuniary interest, directly or indirectly, in a private mental health facility, or(h) signs a certificate or request for the admission of a person to a mental health facility or attends professionally on a patient in a mental health facility.(2) The Minister may remove an official visitor from office at any time.
(1) An official visitor is suspended from office if the official visitor becomes a mentally incapacitated person.(2) The suspension from office ceases when the official visitor ceases to be a mentally incapacitated person or the period of the official visitor’s appointment expires, whichever is the earlier.
(1) The Public Sector Employment and Management Act 2002 does not apply to the appointment of an official visitor and an official visitor is not, as an official visitor, subject to that Act (except Chapter 5).(2) If by or under any Act provision is made:(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or(b) prohibiting the person from engaging in employment outside the duties of that office,the provision does not operate to disqualify the person from holding that office and also the office of an official visitor or from accepting and retaining any remuneration payable to the person under this Act as an official visitor.(3) The office of an official visitor is not, for the purposes of any Act, an office or place of profit under the Crown.