South Australian Consolidated Acts

ESSENTIAL SERVICES COMMISSION ACT 2002 - SECT 13

13—Commissioners

        (1)         A person may be appointed as a Commissioner who is qualified for appointment because of the person's knowledge of, or experience in, one or more of the fields of industry, commerce, economics, law or public administration.

        (2)         A Commissioner will be appointed—

            (a)         —

                  (i)         in the case of the Chairperson—for a term of 5 years;

                  (ii)         in the case of any other Commissioner—for a term not exceeding 5 years; and

            (b)         on terms and conditions as to remuneration and other matters determined by the Governor.

        (3)         At the expiration of a term of appointment, a Commissioner will be eligible for reappointment.

        (4)         The conditions of appointment of a Commissioner must not, without the consent of the Commissioner, be varied while the Commissioner is in office so as to become less favourable to the Commissioner.

        (5)         The Chairperson must not engage, without the consent of the Minister, in any other remunerated employment.

        (6)         The office of a Commissioner becomes vacant if the Commissioner—

            (a)         dies; or

            (b)         resigns by written notice to the Minister or is not re-appointed at the end of a term of appointment; or

            (c)         is removed from office under this section; or

            (d)         is convicted of an indictable offence or sentenced to imprisonment for an offence; or

            (e)         becomes bankrupt or applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or

            (f)         becomes a member, or a candidate for election as a member, of the Parliament of the State, the Commonwealth, or any other State of the Commonwealth.

        (7)         The Supreme Court may, by order made on the application of the Minister, remove a Commissioner from office for—

            (a)         misconduct; or

            (b)         incapacity to perform satisfactorily the Commissioner's functions; or

            (c)         material contravention of, or failure to comply with, the requirements of this or any other Act.

        (8)         The Supreme Court may, by order made on the application of the Minister, suspend a Commissioner from office pending determination of an application for removal of the Commissioner.

        (9)         A Commissioner may only be removed or suspended from office as provided in this section.