121Vacancy in office of Children’s Guardian

121 Vacancy in office of Children’s Guardian

121 Vacancy in office of Children’s Guardian

(1) The office of Children’s Guardian becomes vacant if the holder—

(a) engages in any paid employment outside the duties of the office, or

(b) is nominated for election as a member of the Legislative Council or the Legislative Assembly or as a member of a House of Parliament of another State or of the Commonwealth, or

(b1) dies, or

(b2) completes a term of office and is not reappointed, or

(b3) becomes personally insolvent, or

(b4) becomes a mentally incapacitated person, or

(b5) is convicted—

(i) in New South Wales of an offence punishable by imprisonment for 12 months or more, or

(ii) elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence punishable by imprisonment for 12 months or more, or

(b6) is removed from office under section 122, or

(c) resigns the office by instrument in writing addressed to the Governor and the Governor accepts the resignation.

(2) If the office of Children’s Guardian becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.

s 121: Am 2023 No 39, Sch 2[1] [2]; 2025 No 46, Sch 1[31].