sec.9Provisions about public trustee

### sec.9 Provisions about public trustee The public trustee is to be appointed by the Governor in Council. The public trustee is to be appointed for a term of not longer than 5 years. The public trustee is subject to the Minister, but is not subject to any officer or employee of the department. The public trustee is entitled to be paid the remuneration and allowances decided by the Governor in Council. The public trustee ceases to hold office if the public trustee— resigns by signed notice given to the Minister; or finishes a term and is not reappointed; or is removed from office by the Governor in Council under subsection (6) . The Governor in Council may remove the public trustee if the public trustee— is found guilty of an indictable offence or an offence against this Act; or engages in misbehaviour; or becomes incapable of performing the duties of the public trustee because of physical or mental incapacity; or is incompetent; or contravenes subsection (7) ; or without the Minister’s leave and without reasonable excuse, is absent for 14 consecutive days or 28 days in a year. The public trustee must give written notice to the Minister of all direct or indirect financial interests that the public trustee has or acquires in a business or in an entity carrying on a business. The public trustee holds office on the terms not provided for by this Act as are decided by the Governor in Council. The public trustee is to be appointed under this Act, and not under the Public Sector Act 2022 . s 9 sub 1994 No. 24 s 3 (1) sch amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3 (sec.9-ssec.1) The public trustee is to be appointed by the Governor in Council. (sec.9-ssec.2) The public trustee is to be appointed for a term of not longer than 5 years. (sec.9-ssec.3) The public trustee is subject to the Minister, but is not subject to any officer or employee of the department. (sec.9-ssec.4) The public trustee is entitled to be paid the remuneration and allowances decided by the Governor in Council. (sec.9-ssec.5) The public trustee ceases to hold office if the public trustee— resigns by signed notice given to the Minister; or finishes a term and is not reappointed; or is removed from office by the Governor in Council under subsection (6) . (sec.9-ssec.6) The Governor in Council may remove the public trustee if the public trustee— is found guilty of an indictable offence or an offence against this Act; or engages in misbehaviour; or becomes incapable of performing the duties of the public trustee because of physical or mental incapacity; or is incompetent; or contravenes subsection (7) ; or without the Minister’s leave and without reasonable excuse, is absent for 14 consecutive days or 28 days in a year. (sec.9-ssec.7) The public trustee must give written notice to the Minister of all direct or indirect financial interests that the public trustee has or acquires in a business or in an entity carrying on a business. (sec.9-ssec.8) The public trustee holds office on the terms not provided for by this Act as are decided by the Governor in Council. (sec.9-ssec.9) The public trustee is to be appointed under this Act, and not under the Public Sector Act 2022 . - (a) resigns by signed notice given to the Minister; or - (b) finishes a term and is not reappointed; or - (c) is removed from office by the Governor in Council under subsection (6) . - (a) is found guilty of an indictable offence or an offence against this Act; or - (b) engages in misbehaviour; or - (c) becomes incapable of performing the duties of the public trustee because of physical or mental incapacity; or - (d) is incompetent; or - (e) contravenes subsection (7) ; or - (f) without the Minister’s leave and without reasonable excuse, is absent for 14 consecutive days or 28 days in a year.