Inspector
2 Inspector
The
Governor must appoint a person (the Inspector)—
to conduct annual reviews examining the operations of the Office and the Commission during each financial year; and
to conduct reviews relating to relevant complaints received by the
Inspector; and
to conduct other reviews on the Inspector's own motion or at the request of the Attorney‑General or the Committee; and
to perform any other functions conferred on the Inspector by other
Acts.
The
Inspector—
subject to subclause (3), must be a person who would be eligible for appointment as the
Commissioner; and
will be appointed under this clause for a term not exceeding 3 years and on conditions determined by the Governor and, at the end of a term of appointment, will be eligible for reappointment.
Despite section 8(3)(b), a person who is not appointed as a judicial officer on a permanent basis may be appointed as the Inspector.
Before a person is appointed to be the Inspector, the Attorney‑General must ensure that the position is advertised in a newspaper or newspapers circulating in each State and Territory.
A person may only be appointed to be the Inspector if, following referral by the Attorney‑General of not less than 2 candidates who are qualified for appointment as the Inspector to the Statutory
Officers Committee established under the Parliamentary
Committees Act 1991, the appointment has been recommended by at least a two‑thirds majority of that Committee.
Despite the Parliamentary
Committees Act 1991, the Statutory Officers Committee must not report on, or publish material in relation to, matters referred to the Committee under subclause (5) except to the extent allowed by the Attorney‑General (but this subclause does not derogate from section 15I(2) of the
Parliamentary
Committees Act 1991).
Subject to subclause (9), the Governor may, on the address of both Houses of Parliament, remove the Inspector from office.
Subject to subclause (9), the Governor may suspend the Inspector from office for—
contravention of a condition of appointment; or
misconduct;
or
failure or incapacity to carry out official duties satisfactorily.
The
Governor may not remove or suspend the Inspector unless the
Committee has inquired into the proposed removal or suspension and has reported to each House of Parliament in relation to its inquiry.
If the Governor suspends the Inspector from office, a full statement of the reason for the suspension must be laid before both Houses of
Parliament within 7 days after the suspension if Parliament is then in session or, if not, within 7 days after the commencement of the next session of Parliament.
If, at the end of 20 sitting days after the statement is laid before Parliament, neither House of Parliament has presented an address to the Governor requiring the Inspector to be restored to office, the Inspector is removed from office.
If within 20 sitting days after the statement is laid before
Parliament either House of Parliament presents an address to the
Governor requiring the Inspector to be restored to office, the
Inspector is restored to office.
The office of Inspector becomes vacant if the holder—
dies;
or
completes a term of office and is not reappointed; or
resigns by written notice to the Governor; or
is appointed to judicial office; or
is nominated for election as a member of an Australian Parliament; or
becomes an insolvent under administration within the meaning of the
Corporations
Act 2001 of the Commonwealth; or
is convicted of—
an indictable offence against the law of this State; or
an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or
an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding subparagraph; or
is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or
is removed from office by the Governor under this clause.
Except as is provided by this clause, the Inspector may not be removed or suspended from office, nor will the office of the Inspector become vacant.
The
Inspector is a senior official for the purposes of the Public
Sector (Honesty and Accountability) Act 1995.
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