9Removal and vacation of office

9 Removal and vacation of office

9 Removal and vacation of office

(1) The Governor may remove a commissioner, being the holder of a judicial office, from office upon the address of both Houses of Parliament, but not otherwise.

(2) The Governor may remove a commissioner (not being the holder of a judicial office) from office:

(a) for inability, misbehaviour or failure to comply with the terms and conditions of employment as a commissioner,

(b) if the commissioner, being a full-time commissioner, engages, except in so far as the Minister otherwise approves in writing, in any paid employment outside the duties of the office,

(c) if the commissioner becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,

(d) if the commissioner becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act, or

(e) if the commissioner is convicted in New South Wales of a crime or an offence which is punishable by imprisonment for 12 months or upwards, or the commissioner is convicted elsewhere than in New South Wales of a crime or an offence which, if committed in New South Wales, would be a crime or an offence so punishable.

(2A) A commissioner may resign his or her office by writing under his or her hand addressed to the Governor.

(2B), (3) (Repealed)

s 9: Am 1980 No 187, Sch 1; 1981 No 1, Sch 1 (7); 1990 No 99, Sch 4.