15Chief Commissioner

### 15 Chief Commissioner > > (1)  A person is to be appointed by the Governor as Chief Commissioner. > > > (2)  Before a person is appointed as Chief Commissioner, the Minister is to consult the Joint Committee. > > > (3)  If the members of the Joint Committee have not been appointed or Parliament has been prorogued, the Minister is to consult – > > > > > > (a) the President of the Legislative Council; and > > > > > > > (b) the Parliamentary leader of each political party represented in the House of Assembly. > > > (4)  [*\[Section 15 Subsection (4) substituted by No. 13 of 2017, s. 7, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-013#GS7@EN) A person is not eligible to be appointed as Chief Commissioner unless he or she is an Australian legal practitioner of not less than 7 years' standing and either – > > > > > > (a) he or she has not previously been appointed as Chief Commissioner under [subsection (1)](#GS15@Gs1@EN) ; or > > > > > > > (b) he or she has previously been appointed under [subsection (1)](#GS15@Gs1@EN) as Chief Commissioner and [section 15A(2)](#GS15A@Gs2@EN) applies in relation to his or her appointment. > > > (5)  [*\[Section 15 Subsection (5) substituted by No. 13 of 2017, s. 7, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-013#GS7@EN) A person is not eligible to be appointed as Chief Commissioner if he or she is, or has been, in the period of 5 years immediately preceding the date on which it is proposed that he or she be appointed – > > > > > > (a) a Member of a House of Parliament of the Commonwealth or a State or Territory; or > > > > > > > (b) a member of a council; or > > > > > > > (c) a member of a political party or a member of a similar organisation. > > > (6)  [*\[Section 15 Subsection (6) substituted by No. 13 of 2017, s. 7, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-013#GS7@EN) The [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) does not apply in relation to a person in his or her capacity as Chief Commissioner. > > > (7)  [*\[Section 15 Subsection (7) inserted by No. 13 of 2017, s. 7, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-013#GS7@EN) A person may hold the office of Chief Commissioner in conjunction with State Service employment.