111Application of amendment to section 10

111 Application of amendment to section 10 The amendment to this Act by section 79 of the Integrity and Ethics Commissioner Act 2025 applies to an acting Health Complaints Commissioner in office on the commencement of that section.

Health and Community Services Complaints Act 1998 58 section 9 1 Limitations on appointment of Commissioner (1) A person cannot be appointed Commissioner if he or she is: (a) a registered provider; or (b) a member of a professional association of health service providers. (2) A professional association of health services providers does not include: (a) an industrial organisation; and (b) an association of health administrators. (3) The office of Commissioner may be held in conjunction with any other public office. 2 Term of appointment The Commissioner holds office for the term, not longer than 5 years, that is specified in his or her appointment, but is eligible to be re-appointed. 3 Conditions of appointment (1) The Commissioner: (a) holds office on terms and conditions, not inconsistent with this Act; and (b) is to be paid remuneration, expenses and allowances; as the Administrator determines from time to time. (3) If a public sector employee is appointed Commissioner, the employee retains all his or her existing and accruing rights as if service as Commissioner were a continuation of service as an employee. (4) If a person ceases to be Commissioner and becomes a public sector employee, for determining his or her rights as a public sector employee, service as Commissioner is taken to be service in the Public Sector.

Health and Community Services Complaints Act 1998 59 (5) The Commissioner must not engage in remunerative employment outside the duties of his or her office under this Act unless he or she has obtained the consent of the Minister in writing. 4 Leave of absence The Minister may grant leave of absence to the Commissioner on terms and conditions that the Minister determines. 5 Resignation The Commissioner may resign his or her office by written notice to the Minister. 6 Retirement The Minister may, with the consent of the Commissioner, retire the Commissioner on the ground of incapacity. 7 Termination or suspension of appointment (1) The Administrator may terminate or suspend the appointment of the Commissioner on the grounds that the Commissioner: (a) is physically or mentally incapable of continuing as Commissioner; or (b) has been guilty of misbehaviour or misconduct; or (c) becomes bankrupt, applies to take the benefit of the law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of his or her remuneration or estate for their benefit. (3) The suspension of the Commissioner does not affect his or her entitlement to be paid any remuneration, expenses and allowances. (4) For the purposes of inquiring into a matter that may warrant terminating the appointment of a person as Commissioner, the Administrator may suspend the person's appointment for not longer than 6 months.