HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 6
HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 6
6—Term of office and conditions of appointment
(1) The Commissioner
is appointed on conditions determined by the Governor and for a term, not
exceeding 7 years, specified in the instrument of appointment.
(2) An appointment may
be renewed but a person must not hold office as Commissioner for more than 2
consecutive terms.
(3) The Governor may
remove the Commissioner from office on the presentation of an address from
both Houses of Parliament seeking the Commissioner's removal.
(4) The Governor may
suspend the Commissioner from office on the ground of incompetence or
misbehaviour and, in that event—
(a) a
full statement of the reason for the suspension must be laid before both
Houses of Parliament within 3 sitting days of the suspension; and
(b) if,
at the expiration of 1 month from the date on which the statement was laid
before Parliament, an address from both Houses of Parliament seeking the
Commissioner's removal has not been presented to the Governor, the
Commissioner must be restored to office.
(5) The office of
Commissioner becomes vacant if the Commissioner—
(a)
dies; or
(b)
resigns by written notice given to the Minister; or
(c)
completes a term of office and is not reappointed; or
(d) is
removed from office by the Governor under subsection (3); or
(e)
becomes bankrupt or applies as a debtor to take the benefit of the laws
relating to bankruptcy; or
(f) is
convicted of an indictable offence or sentenced to imprisonment for an
offence; or
(g)
becomes a member of the Parliament of this State or any other State of the
Commonwealth or of the Commonwealth or becomes a member of a Legislative
Assembly of a Territory of the Commonwealth; or
(h)
becomes, in the opinion of the Governor, mentally or physically incapable of
carrying out satisfactorily the duties of office.
(6) Except as is
provided by this section, the Commissioner may not be removed or suspended
from office, nor will the office of the Commissioner become vacant.