Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If the Governor is
satisfied that the Commissioner —
(a) is
physically or mentally incapable of performing the duties of the office of
Commissioner;
(b) has
shown incompetence or neglect in performing those duties; or
(c) has
been guilty of misbehaviour,
the Governor may
suspend the Commissioner from office.
(2) In
subsection (1)(c) "misbehaviour" includes conduct that renders the
Commissioner unfit to hold office as Commissioner whether or not the conduct
relates to any function of the office.
(3) After being
suspended from office under subsection (1) the Commissioner is entitled
to be restored to office unless —
(a) a
statement of the grounds of suspension is laid before each House of Parliament
during the first 7 sitting days of that House following the suspension; and
(b) each
House of Parliament, during the session in which the statement is so laid, and
within 30 days of it being so laid, passes an address praying for the
removal of the Commissioner from office.
(4) If the
Commissioner is suspended from office under subsection (1) and is not
restored to office under subsection (3), the office of Commissioner
becomes vacant.