Deputy Commissioner

In force

(1)

There is to be a Deputy Commissioner responsible for assisting the

Commissioner as directed by the Commissioner.

(2)

The

Deputy Commissioner is to be appointed by the Governor for a term not exceeding 7 years and on conditions determined by the

Governor.

(3)

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

Commissioner) that exceed 10 years in total.

(4)

A person is only eligible for appointment as the Deputy 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.

(5)

The

Deputy Commissioner must not, without the consent of the

Attorney‑General, engage in any remunerated employment or undertaking outside official duties.

(6)

The

Deputy Commissioner may—

(a)

act as the Commissioner during any period for which—

(i)

no person is for the time being appointed as the Commissioner; or

(ii)

the

Commissioner is absent from, or unable to discharge, official duties; and

(b)

when not so acting, perform functions or exercise powers at the direction of the Commissioner.

(7)

The

Governor may remove the Deputy Commissioner from office for—

(a)

contravention of a condition of appointment; or

(b)

misconduct;

(c)

failure or incapacity to carry out official duties satisfactorily.

(8)

The office of Deputy 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 subsection (7).

(9)

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

(10)

The

Deputy Commissioner is a senior official for the purposes of the

Public

Sector (Honesty and Accountability) Act 1995.

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9 Deputy Commissioner