Electoral Act 1992

The Speaker must end the appointment of a member of the electoral commission if—

the Legislative Assembly—

passes a resolution under section 18C (4) (a); or

otherwise resolves to require the Speaker to end the member’s appointment—

for misbehaviour; or

for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions; or

the member becomes bankrupt or personally insolvent.

For a resolution mentioned in subsection (1) (a) (ii)—

at least 7 days before the day the motion to which the resolution relates is first debated in the Legislative Assembly—

the Assembly must be given the notice of the motion and a statement of reasons for the motion; and

the Speaker must—

give the member a copy of the notice and the statement of reasons; and

tell the member that a written submission about the motion may be made to the Speaker not later than 3 days after the day the member is given the notice; and

the Speaker must give any written submission to the Legislative Assembly before the day the motion is first debated in the Legislative Assembly.

The Speaker may end a member’s appointment if—

the member contravenes section 21 (Disclosure of interests—meetings) without reasonable excuse; or

for the commissioner—the commissioner is absent from duty, except on leave granted by the Speaker, for 14 consecutive days or for 28 days in any 12 months; or

for a member other than the commissioner—the member is absent, except on leave granted by the Speaker, from 3 consecutive meetings of the electoral commission.

The member’s appointment may be ended by the Speaker only under this section or section 18 (Retirement).