Div 1Appointment and conditions of office

Division 1—Appointment and conditions of office 5—Appointment (1) There is to be a Health and Community Services Complaints Commissioner. (2) The Commissioner is appointed by the Governor. 6—Term of office and conditions of appointment (1) The Commissioner is appointed on conditions determined by the Governor and for a term, not exceeding 7 years, specified in the instrument of appointment. (2) An appointment may be renewed but a person must not hold office as Commissioner for more than 2 consecutive terms. (3) The Governor may remove the Commissioner from office on the presentation of an address from both Houses of Parliament seeking the Commissioner's removal. (4) The Governor may suspend the Commissioner from office on the ground of incompetence or misbehaviour and, in that event— (a) a full statement of the reason for the suspension must be laid before both Houses of Parliament within 3 sitting days of the suspension; and (b) if, at the expiration of 1 month from the date on which the statement was laid before Parliament, an address from both Houses of Parliament seeking the Commissioner's removal has not been presented to the Governor, the Commissioner must be restored to office. (5) The office of Commissioner becomes vacant if the Commissioner— (a) dies; or (b) resigns by written notice given to the Minister; or (c) completes a term of office and is not reappointed; or (d) is removed from office by the Governor under subsection (3); or (e) becomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or (f) is convicted of an indictable offence or sentenced to imprisonment for an offence; or (g) becomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or (h) becomes, in the opinion of the Governor, mentally or physically incapable of carrying out satisfactorily the duties of office. (6) Except as is provided by this section, the Commissioner may not be removed or suspended from office, nor will the office of the Commissioner become vacant. 7—Remuneration The Commissioner is entitled to remuneration, allowances and expenses determined by the Governor. 8—Temporary appointments The Minister may appoint a person (who may but need not be an employee in the Public Service) to act as the Commissioner— (a) during a vacancy in the office of Commissioner; or (b) when the Commissioner is absent from, or unable to discharge, official duties; or (c) if the Commissioner is suspended from office under this Act.