28Removal of Commissioner

#### 28 Removal of Commissioner 28 Removal of Commissioner > > (1) The Governor may remove the Commissioner from office on the recommendation of the Minister at any time for any or no stated reason and without notice. > > > (1A) A Commissioner who is removed from office is entitled to such compensation (if any) as may be provided in the contract of employment of the Commissioner (and to no other compensation or entitlement for the removal from office). This subsection does not affect the operation of the [Police Regulation (Superannuation) Act 1906](/view/html/inforce/current/act-1906-028) or the [State Authorities Superannuation Act 1987](/view/html/inforce/current/act-1987-211) or prevent the payment of any other benefit provided under a superannuation scheme. > > > (1B) A Commissioner who is removed from office is not to be employed in the public sector during the period specified in the contract of employment to which any such compensation relates unless arrangements have been made for a refund of the proportionate amount of the compensation. > > > (1C) For the purposes of this section, employment of a former Commissioner in the public sector and public sector have the same meanings as in section 41 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040). > > > (2) (Repealed) > > > (3) A recommendation of the Minister under subsection (1) may be made only after the Minister— > > > > > (a) has notified the LECC that the Minister intends to recommend that the Commissioner be removed from office, and > > > > > (b) has given the LECC a reasonable opportunity to comment on the proposed recommendation. > > > (4)–(7) (Repealed) > > > (8) The Commissioner may be removed from office only under this section. > > **s 28:** Subst 1993 No 39, Sch 1 (1). Am 1996 No 108, Sch 1 (14); 2002 No 43, Sch 7.6 \[1\]; 2016 No 2, Sch 3 \[14\]–\[16\]; 2016 No 61, Sch 5.1 \[7\].