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s 18

Suspension and termination of appointment

In force
Part 2Integrity and Ethics Commissioner and IEC's Office
Division 2Appointment of Commissioner and related matters

18 Suspension and termination of appointment

(1) The Administrator may suspend the Commissioner from duty:

(a) if the Commissioner becomes physically or mentally incapable of satisfactorily performing official duties (as an Integrity Officer or otherwise); or

(b) if the Commissioner (as an

Integrity Officer or otherwise) engages in corrupt conduct; or

(c) if the Commissioner engages in paid employment outside the duties of office without the Minister's approval; or

(d) if the Commissioner is absent from duty (as an Integrity Officer or otherwise), without the approval of the Minister and without reasonable excuse, for 28 consecutive days or for 42 days in any 12 months; or

(e) on the ground of proved misbehaviour; or

(f) on the ground of incompetence;

or

(g) while the Inspector is dealing with a complaint against the Commissioner under Part 4, Division 1, if recommended by the Inspector.

(2) The Minister must immediately give the Commissioner a statement of reasons for the suspension.

(3) The Minister must table in the Legislative Assembly the statement and any written response by the Commissioner within 6 sitting days after the suspension.

(4) If, within 6 sitting days after the statement is tabled, a resolution of the Legislative

Assembly is passed by at least two-thirds of the whole number of members requiring the Administrator to terminate the Commissioner's appointment, the Administrator must terminate the Commissioner's appointment.

(5) The suspension of the

Commissioner is lifted if:

(a) the Minister does not table the statement under subsection (3); or

(b) the Legislative Assembly does not pass a resolution in accordance with subsection (4).

(6) The Commissioner is entitled to be paid remuneration and allowances during the period of suspension.

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