Commissioner

Current

(1)

The

Commissioner will be the principal officer of the Commission and is to be appointed by the Governor for a term not exceeding 7 years and on conditions determined by the Governor.

(1a)

The

Commissioner is entitled to salary and allowances at the rates applicable to a Puisne Judge of the General Division of the Supreme

Court.

(2)

A person appointed to be the Commissioner is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as Deputy Commissioner or Acting

Commissioner) that exceed 10 years in total.

(3)

A person is only eligible for appointment as the Commissioner if the person—

(a)

is a legal practitioner of at least 7 years standing (taking into account, for that purpose, periods of legal practice and judicial service within and outside the State) or a former judge of the High

Court of Australia, the Federal Court of Australia or the Supreme

Court or any other court of a State or Territory of the

Commonwealth; and

(b)

is not a judicial officer or member of an Australian Parliament.

(4)

Before a person is appointed to be the Commissioner, the Attorney‑General must ensure that the position is advertised in a newspaper or newspapers circulating in each State and Territory.

(5)

A person may only be appointed to be the Commissioner if, following referral by the Attorney‑General of the proposed appointment to the Statutory Officers Committee established under the

Parliamentary

Committees Act 1991—

(a)

the appointment has been approved by the Committee; or

(b)

the

Committee has not, within 7 days of the referral, or such longer period as is allowed by the Attorney‑General, notified the Attorney‑General in writing that it does not approve the appointment.

(6)

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 subsection (5) except to the extent allowed by the Attorney‑General (but this subsection does not derogate from section 15I(2) of the

Parliamentary

Committees Act 1991).

(7)

If a person is a judicial officer immediately before being appointed to be the Commissioner—

(a)

the conditions of the appointment should not be less favourable to the person than the conditions of his or her judicial office (when viewed from an overall perspective); and

(b)

for the purposes of determining the person's entitlement to recreation leave, sick leave, long service leave or any other kind of leave under this or another Act, the appointment may, at the option of the person, be taken to be a continuation of his or her service as a judicial officer.

(8)

The

Commissioner must not, without the consent of the Attorney‑General, engage in any remunerated employment or undertaking outside official duties.

(9)

The

Governor may, on the address of both Houses of Parliament, remove the Commissioner from office.

(10)

The

Governor may suspend the Commissioner from office for—

(a)

contravention of a condition of appointment; or

(b)

misconduct;

(c)

failure or incapacity to carry out official duties satisfactorily; or

(d)

failure to provide information to the Attorney‑General as required under section 49.

(11)

If the Governor suspends the Commissioner 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.

(12)

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 Commissioner to be restored to office, the Commissioner is removed from office.

(13)

If within 20 sitting days after the statement is laid before

Parliament either House of Parliament presents an address to the

Governor requiring the Commissioner to be restored to office, the

Commissioner is restored to office.

(14)

The office of Commissioner becomes vacant if the holder—

(a)

dies;

(b)

completes a term of office and is not reappointed; or

(c)

resigns by written notice to the Governor; or

(d)

is appointed to judicial office; or

(e)

is nominated for election as a member of an Australian Parliament; or

(f)

becomes an insolvent under administration within the meaning of the

Corporations

Act 2001 of the Commonwealth; or

(g)

is convicted of—

(i)

an indictable offence against the law of this State; or

(ii)

an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or

(iii)

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 paragraph; or

(h)

is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or

(i)

is removed from office by the Governor under this section.

(15)

Except as is provided by this section, the Commissioner may not be removed or suspended from office, nor will the office of the Commissioner become vacant.

(16)

The

Commissioner is a senior official for the purposes of the Public

Sector (Honesty and Accountability) Act 1995.

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8 Commissioner