Crown Law Officers Legislation Amendment (Retirement Age) Act 2011 (NSW)

An Act to amend the Director of Public Prosecutions Act 1986, the Crown Prosecutors Act 1986 and the Public Defenders Act 1995 to increase the retirement age for the holders of certain statutory offices.

1Name of Act

This Act is the Crown Law Officers Legislation Amendment (Retirement Age) Act 2011.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Director of Public Prosecutions Act 1986 No 207[1]Section 36 Savings and transitional provisions

Insert after section 36 (5):

(6)

A person who holds office as a Deputy Director or the Solicitor immediately before the commencement of the Crown Law Officers Legislation Amendment (Retirement Age) Act 2011 and who was appointed for a specified term of office shorter than 7 years is taken to have been appointed for a term of 7 years.

(7)

Subsection (6) does not apply to the term of office of a person appointed to act as a Deputy Director or the Solicitor.

(8)

The amendments made to this Act by the Crown Law Officers Legislation Amendment (Retirement Age) Act 2011 do not affect any right preserved by this section to hold office beyond a retiring age provided by this Act.

[2]Section 37 Regulations

Insert after section 37 (2):

(3)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

• •

  Crown Law Officers Legislation Amendment (Retirement Age) Act 2011

(4)

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(5)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:

• (a)

  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

• (b)

  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

[3]Schedule 1 Provisions relating to Senior Officers

Omit “65 years” from clause 2A (2). Insert instead “72 years”.

[4]Schedule 1

Omit “(in the case of the Director) or 65 years (in the case of a Deputy Director or the Solicitor)” from clause 4 (1) (c).

[5]Schedule 1

Omit “(in the case of the Director) or 65 years (in any other case)” from clause 4 (4).

Schedule 2Amendment of Crown Prosecutors Act 1986 No 208[1]Sections 4 (2A), 4A (3), 4B (3) and 9 (1) (c) and (5)

Omit “65 years” wherever occurring. Insert instead “72 years”.

[2]Schedule 2 Savings and transitional provisions

Insert at the end of clause 1 (1):

Crown Law Officers Legislation Amendment (Retirement Age) Act 2011

[3]Schedule 2

Insert after clause 6:

Part 3Provisions consequent on enactment of Crown Law Officers Legislation Amendment (Retirement Age) Act 20117Application of amendments(1)

A person who holds office as a Crown Prosecutor, Senior Crown Prosecutor or Deputy Senior Crown Prosecutor immediately before the commencement of the Crown Law Officers Legislation Amendment (Retirement Age) Act 2011 and who was appointed for a specified term of office shorter than 7 years is taken to have been appointed for a term of 7 years.

(2)

Subclause (1) does not apply to the term of office of a person appointed to act in any such office.

(3)

The amendments made to this Act by the Crown Law Officers Legislation Amendment (Retirement Age) Act 2011 (or by the Courts and Crimes Legislation Further Amendment Act 2008) do not affect (and are taken never to have affected) any right preserved by this Schedule to hold office beyond a retiring age provided by this Act.

Schedule 3Amendment of Public Defenders Act 1995 No 28[1]Schedule 1 Provisions relating to Public Defenders

Omit “65 years” from clauses 3 and 5 (1) (c) and (5) wherever occurring.

Insert instead “72 years”.

[2]Schedule 3 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Crown Law Officers Legislation Amendment (Retirement Age) Act 2011

[3]Schedule 3

Insert after clause 9:

Part 5Provisions consequent on enactment of Crown Law Officers Legislation Amendment (Retirement Age) Act 201110Application of amendments(1)

A person who holds office as a Public Defender, Senior Public Defender or Deputy Senior Public Defender immediately before the commencement of the Crown Law Officers Legislation Amendment (Retirement Age) Act 2011 and who was appointed for a specified term of office shorter than 7 years is taken to have been appointed for a term of 7 years.

(2)

Subclause (1) does not apply to the term of office of a person appointed to act in any such office.

(3)

The amendments made to this Act by the Crown Law Officers Legislation Amendment (Retirement Age) Act 2011 do not affect any right preserved by this Schedule to hold office beyond a retiring age provided by this Act.