9Appointment of Commissioner etc

9 Appointment of Commissioner etc

9 Appointment of Commissioner etc

(1) The Governor may appoint a Public Service Commissioner.

(2) A person may only be appointed as Commissioner if the Advisory Board has recommended to the Premier that the person be appointed as the Commissioner.

(3) The Governor may remove the Commissioner from office for incapacity, incompetence or misbehaviour.

(4) The Commissioner may only be removed from office—

(a) following an independent review of the performance or conduct of the Commissioner, and

(b) if the Advisory Board has recommended to the Premier that the Commissioner be removed from office.

(5) Any such independent review may be initiated—

(a) by the Advisory Board at the request of the Premier, or

(b) by the Premier.

(6) An independent review of the performance or conduct of the Commissioner is not required under this section before the Commissioner can be removed from office if the performance or conduct giving rise to the Advisory Board’s recommendation for removal has been the subject of—

(a) an inquiry and report by the Independent Commission Against Corruption, a Royal Commission, a Special Commission of Inquiry or other body constituted by a judicial officer, or

(b) a finding by a court.

(7) The Premier is, if the Commissioner is removed from office, to cause the reasons for the removal to be tabled in both Houses of Parliament.

(8) The Commissioner must not be present during any deliberation of the Advisory Board on any matter that relates to the making of a recommendation under this section.

(9) Schedule 2 contains provisions relating to the Commissioner.