38Commissioner—ending appointment

38 Commissioner—ending appointment (1) The Speaker must end the commissioner’s appointment if the Legislative Assembly— (a) passes a resolution under section 37 (4) (a); or (b) otherwise resolves to require the Speaker to end the commissioner’s appointment— (i) for misbehaviour; or (ii) 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 (iii) for physical or mental incapacity, if the incapacity substantially affects the exercise of the commissioner’s (iv) if the commissioner becomes bankrupt or personally insolvent. (2) For a resolution mentioned in subsection (1) (b)— (a) at least 7 days before the day the motion to which the resolution relates is first debated in the Legislative Assembly— (i) the Assembly must be given the notice of the motion and a statement of reasons for the motion; and

(ii) the Speaker must— (A) give the commissioner a copy of the notice and the statement of reasons; and (B) tell the commissioner that a written submission about the motion may be made to the Speaker not later than 3 days after the day the commissioner is given the notice; and (b) the Speaker must give any written submission to the Legislative Assembly before the day the motion is first debated in the (3) The Speaker may end the commissioner’s appointment if the commissioner is absent from duty, except on leave granted by the Speaker, for 14 consecutive days or for 28 days in any 12 months. (4) The commissioner’s appointment may be ended by the Speaker only under this section or section 34 (Commissioner—retirement).