South Australian Consolidated Acts

VALUATION OF LAND ACT 1971 - SECT 9

9—Term of appointment etc

        (1)         The Valuer-General will be appointed for a term of 5 years.

        (1a)         Subject to this Act, a person appointed to be the Valuer-General is, on the expiration of a term of office, eligible for reappointment for a term of 5 years.

        (2)         The Governor may remove the Valuer-General from office upon the presentation of an address by both Houses of Parliament praying for his or her removal.

        (3)         The Governor may, at any time suspend the Valuer-General from office on the ground of incompetence or misbehaviour and upon such suspension—

            (a)         a full statement of the reason for the suspension must be laid before both Houses of Parliament within 7 days of the suspension if Parliament is then in session or, if not, within 7 days of the commencement of the next succeeding session of Parliament; and

            (b)         if within 1 month of the statement being laid before Parliament, neither House of Parliament presents an address to the Governor praying for the removal of the Valuer-General from office, he or she must be restored to office, but if either House does present such an address, the Governor may remove the Valuer-General from office.

        (4)         The office of Valuer-General becomes vacant if the Valuer-General—

            (a)         dies; or

            (b)         resigns by written notice addressed to the Governor; or

            (ba)         completes a term of office and is not reappointed; or

            (c)         is removed from office by the Governor under subsection (2) or (3); or

            (d)         becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors or compounds with his or her creditors for less than one hundred cents in the dollar; or

            (e)         is convicted of any indictable offence or is sentenced to imprisonment for any offence; or

            (f)         becomes a member of the Parliament of the State or the Commonwealth; or

            (g)         becomes, in the opinion of the Governor, incapable, by reason of mental or physical illness, of further performing his or her functions and duties under this Act; or

            (h)         is removed from office by the Governor on the ground that the Valuer-General has engaged in any remunerative employment, occupation or business outside the duties of the office without the consent of the Minister.

        (5)         Except as provided by this section, the Valuer-General cannot be removed or suspended from office, nor does the office of Valuer-General become vacant.

        (6)         If a person's conditions of appointment as Valuer-General so provide, a person who—

            (a)         was an employee in the Public Service immediately before his or her appointment as Valuer-General; and

            (b)         is not reappointed as Valuer-General at the expiry of a term of office,

will be entitled to be appointed (without any requirement for selection processes to be conducted) to a position in the Public Service with a remuneration level the same as, or at least equivalent to, that of the position he or she occupied immediately before his or her appointment as Valuer-General.