FREEDOM OF INFORMATION ACT 1992 - SECT 58
FREEDOM OF INFORMATION ACT 1992 - SECT 58
58 . Suspension and removal
(1) If the Governor is
satisfied that the Commissioner —
(a) is
physically or mentally incapable of performing the duties of the office of
Commissioner; or
(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.