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] 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) ; or

(b) he or she has previously been appointed under subsection (1) as Chief Commissioner and section 15A(2) 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] 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] The State Service Act 2000 does not apply in relation to a person in his or her capacity as Chief Commissioner.