Legislative Assembly (Office of the Legislative Assembly) Act 2012

The Speaker may suspend the clerk on the ground of—

misbehaviour; or

physical or mental incapacity, if the incapacity substantially affects the exercise of the clerk’s functions.

Note Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is exercisable in the same way, and subject to the same conditions, as the power to make the decision (see Legislation Act, s 180).

If the Speaker is considering suspending the clerk, the Speaker may ask 1 or more of the following for advice about the proposed suspension:

the public sector standards commissioner;

the auditor-general;

anyone else the Speaker considers appropriate.

If the Speaker suspends the clerk, the Speaker must give written notice of the suspension and a copy of a statement of the reasons for the suspension to the clerk.

Note The Legislation Act, s 179 deals with the information that must be included in a statement of reasons.

The suspension takes effect when the notice and statement are given to the clerk under subsection (3).

The clerk may be suspended only under this section.

The clerk is entitled to be paid salary and allowances while suspended.