35Commissioner—suspension—generally

35 Commissioner—suspension—generally (1) The Speaker may suspend the commissioner— (b) for failure to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the commissioner’s functions; or (c) for physical or mental incapacity, if the incapacity substantially affects the exercise of the commissioner’s functions; or (d) if the commissioner becomes bankrupt or personally insolvent. Note Power given by a law to make a decision includes power to reverse or change the decision. The power to reverse or change the decision is power to make the decision (see Legislation Act, s 180).

(2) If the Speaker is considering suspending the commissioner, the Speaker— (a) must consult the following people about the proposed suspension: (i) the Chief Minister; (ii) the Leader of the Opposition; Legislative Assembly are members of the party; (b) may ask 1 or more of the following for advice about the proposed suspension: (i) the public sector standards commissioner; (ii) anyone else the Speaker considers appropriate. (3) If the Speaker suspends the commissioner, the Speaker must give the commissioner written notice of the suspension and a copy of a statement of the reasons for the suspension. (4) The suspension takes effect when the notice and statement are given to the commissioner under subsection (3). (5) The commissioner may be suspended only under this section. (6) The commissioner is entitled to be paid salary and allowances while suspended.