New South Wales Consolidated Acts

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 21AB

21AB Tenure of office of Electoral Commissioner

(1) The Electoral Commissioner:

(a) holds office for a term of such period, not exceeding 10 years, as is specified in the instrument of appointment, and

(b) may be re-appointed for no more than one term of such period (commencing as from the end of the term referred to in paragraph (a)), not exceeding 10 years, as is specified in the instrument of re-appointment.

(2) The office of Electoral Commissioner becomes vacant if the holder:

(a) dies, or

(b) completes a term of office and is not re-appointed, or

(c) resigns the office by instrument in writing addressed to the Minister, or

(d) is absent from duty for a period of 14 consecutive days except on leave granted by the Minister, or

(e) engages in any paid employment outside the duties of the office, or

(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(g) becomes a mentally incapacitated person, or

(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or

(i) is imprisoned in respect of a conviction for an offence punishable in New South Wales by imprisonment or for an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence so punishable, or

(j) becomes a member of a party, or

(k) is removed from office by the Governor under this section.

(3) The Electoral Commissioner may be suspended from office by the Governor for misbehaviour or incompetence, but cannot be removed from office except in the following manner:

(a) The Minister is to cause to be laid before each House of Parliament a full statement of the grounds of suspension within 7 sitting days of that House after the suspension.

(b) An Electoral Commissioner suspended under this subsection is restored to office by force of this Act unless each House of Parliament at the expiry of the period of 21 days from the day when the statement was laid before that House declares by resolution that the Electoral Commissioner ought to be removed from office.

(c) If each House of Parliament does so declare within the relevant period of 21 days, the Electoral Commissioner is to be removed from office by the Governor accordingly.

(4) A person who:

(a) is a member of a party, or

(b) has been a member of a party at any time during the period of 5 years immediately preceding the date of the proposed appointment,

cannot be appointed to be the Electoral Commissioner.

(5) A person who holds or has held office as Electoral Commissioner is not entitled to re-appointment, or further appointment, as Electoral Commissioner except as permitted by subsection (1) (b).