New South Wales Consolidated Acts

POLICE ACT 1990 - SECT 28

28 Removal of Commissioner

(1) The Governor may remove the Commissioner from office on the recommendation of the Minister at any time for any or no reason and without notice.

(2) The Governor, on the recommendation of the Minister:

(a) may declare the person so removed from office as Commissioner to be an unattached officer in the service of the Crown, and

(b) may revoke any such declaration.

(3) A recommendation of the Minister under subsection (1) may be made only after the Minister:

(a) has notified the Police Integrity Commission that the Minister intends to recommend that the Commissioner be removed from office, and

(b) has given the Police Integrity Commission a reasonable opportunity to comment on the proposed recommendation.

(4) While such a declaration remains in force, the person concerned is entitled to monetary remuneration and employment benefits as if the person had not been removed from office.

(5) If:

(a) the Commissioner is removed from office and such a declaration is not made, or

(b) a declaration that is made is revoked,

the person concerned ceases to be employed in the service of the Crown, unless appointed to another position in the service of the Crown.

(6) A declaration under this section, unless sooner revoked, is revoked on the date on which the term of office of the person as Commissioner would have expired.

(7) A person removed from office as Commissioner (except for misbehaviour after due inquiry) is entitled to the same compensation under section 53 as an executive officer removed from office as referred to in that section.

(8) The Commissioner may be removed from office only under this section.