16 Removal from office

(1)

The Commissioner and the Deputy Commissioner may be suspended or removed from office in accordance with the following provisions of this section and not otherwise.

(2)

The Governor-General may suspend the Commissioner or the Deputy Commissioner from office for misbehaviour or incompetence, but the Commissioner or the Deputy Commissioner shall not be removed from office except as provided in this section.

(3)

The Governor-General shall cause to be laid before the House of Representatives a full statement of the grounds of any suspension within 7 sitting days after the date of that suspension.

(4)

Unless the House of Representatives, within 21 days from the date on which the statement in respect of the Commissioner or Deputy Commissioner suspended under this section has been laid before it, declares by resolution that the Commissioner or Deputy Commissioner, as the case may be, ought to be removed from office, the Commissioner or Deputy Commissioner, as the case may be, shall be deemed to be restored to office as from the date of his or her suspension; and, if the House of Representatives within the said time does so declare, the Commissioner or Deputy Commissioner, as the case may be, shall be removed by the Governor-General from the date of the suspension.

(5)

Unless the Governor-General in Council otherwise directs, the Commissioner or Deputy Commissioner who has been removed from office under this section shall not be entitled to be reappointed to the State services and shall not be entitled to a retiring allowance under the Government Superannuation Fund Act 1956.

Section 16: substituted, on 19 December 1989, by section 3 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).