Audit Act 2008

Section 9

1. Term of office

Subject to this Act, a person appointed as Auditor-General holds office for a term not exceeding 10 years.

Except as provided in section 50, a person cannot be appointed as Auditor-General if the person has previously been appointed as Auditor-General under this Act.

2. Remuneration

The Auditor-General is to be paid a salary in respect of a financial year at a rate that is the average of the rates of salary paid to the Auditors-General in South Australia and Western Australia from the beginning of that financial year.

The salary and conditions of the Auditor-General's employment are not to be altered during the term of his or her appointment in any way to the disadvantage of the Auditor-General.

The salary of the Auditor-General is to be paid out of the Public Account which, to the necessary extent, is appropriated accordingly.

3. Other employment The Auditor-General must not, except so far as authorised so to do by another enactment or by resolutions of both Houses of Parliament –

hold any appointment (other than that of Auditor-General) or be a member of, or of the governing body of, any State entity; or

engage in any paid employment outside the duties of his or her appointment as Auditor-General.

4. Leave and other conditions of service

In addition to the salary paid under this Act, the Auditor-General is entitled to be paid any travelling allowances and other allowances as are applicable to a Head of a State Service Agency.

The Auditor-General is entitled to the same leave of absence, whether recreation leave or leave of any other kind, as that to which the Auditor-General would be entitled under the State Service Act 2000, if the Auditor-General were a State Service employee, but only in the circumstances and subject to the conditions that are applicable in respect of such an employee.

A person appointed as Auditor-General is taken to be an employee for the purposes of the Long Service Leave (State Employees) Act 1994 and the Public Sector Superannuation Reform Act 2016.

The allowances which the Auditor-General is entitled to be paid under this clause are to be paid out of the Public Account which, to the necessary extent, is appropriated accordingly.

5. Rights preserved

A State Service officer or State Service employee appointed as Auditor-General is entitled to retain all existing and accruing rights as if the service of that person as Auditor-General were a continuation of service as a State Service officer or State Service employee.

Where a person ceases to hold office as Auditor-General and becomes a State Service officer or State Service employee, the service of that person as Auditor-General is to be regarded as service in the State Service for the purpose of determining rights as a State Service officer or State Service employee.

6. Resignation of Auditor-General The Auditor-General may resign from office by giving the Governor a signed letter of resignation.

7. Removal and suspension from office

The Auditor-General is not to be removed from office as Auditor-General unless a resolution for that removal is passed by both Houses of Parliament.

At any time when Parliament is not sitting the Governor may suspend the Auditor-General from office as Auditor-General for incapacity, incompetence or misbehaviour, in which case the person holding office as Deputy Auditor-General is to act in the office of Auditor-General.

Where the Governor suspends the Auditor-General from office, the Governor is to cause to be laid before each House of Parliament, within the next 7 sitting-days of that House after that suspension, a full statement of the reason for that suspension.

If a resolution is presented to the Governor by either House of Parliament, within 20 sitting-days of that House after a statement under subclause (3) is laid before it, requesting that the Auditor-General be restored to that office, the Auditor-General is to be restored accordingly.

If no such resolution is so presented, the Governor, within 30 days of the expiration of the period mentioned in subclause (4), is to confirm the suspension, and declare the office of Auditor-General to be vacant, and that office becomes vacant.