Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purpose of
conducting investigations in accordance with this Act there shall be
appointed a Commissioner, to be known as the Parliamentary Commissioner for
Administrative Investigations.
(1a) The Commissioner
shall be assisted by a Deputy Commissioner, to be known as the Deputy
Parliamentary Commissioner for Administrative Investigations.
(2) The Commissioner
and Deputy Commissioner shall be appointed by the Governor, and shall hold
office in accordance with the provisions of this Act.
(3) The Commissioner
and Deputy Commissioner shall be appointed to hold office for a term of
5 years, but either the Commissioner or the Deputy Commissioner may, at
any time, by writing under his hand, addressed to the Governor, resign his
office, and on receipt of his resignation by the Governor, he shall vacate
office as Commissioner or Deputy Commissioner, as the case requires.
[(4) deleted]
(5) The Commissioner
and Deputy Commissioner shall be paid a salary at such rate as the Governor
may determine; and the rate of that salary shall not, without the consent of
the Commissioner or the Deputy Commissioner, as the case requires, be reduced
during the term of office of the Commissioner or the Deputy Commissioner, as
the case requires.
(6) The salary payable
to the holder of the office of Commissioner or Deputy Commissioner under this
section shall be charged to the Consolidated Account which, to the
necessary extent, is hereby appropriated accordingly.
(7) The Commissioner
and Deputy Commissioner are entitled to such leave of absence and such
travelling and other allowances as the Governor determines.
(8) No person who is
or has been within the preceding 3 years a member of the Parliament of
the Commonwealth or any State shall be appointed as Commissioner or Deputy
Commissioner, and if the Commissioner or Deputy Commissioner is nominated for
election for any of such Houses of Parliament he shall vacate office as
Commissioner or Deputy Commissioner, as the case requires.
(9) The Commissioner
or Deputy Commissioner shall not, except in so far as he is authorised so to
do by resolutions of both Houses of Parliament, hold any office of profit or
trust (other than his office as Commissioner or Deputy Commissioner, as the
case requires) or engage in any occupation for reward outside the duties of
his office, and if the Commissioner or Deputy Commissioner contravenes this
subsection he shall be regarded, for the purposes of section 6, as
being guilty of misconduct.
(10) Section 52
of the Interpretation Act 1984 does not apply to the office of
Commissioner or Deputy Commissioner.
[Section 5 amended by No. 13 of 1982
s. 3; No. 6 of 1993 s. 11; No. 49 of 1996 s. 64;
No. 78 of 1996 s. 7; No. 10 of 1998 s. 57(1); No. 77
of 2006 s. 4.]