sec.4.5Removal and suspension of commissioner

### sec.4.5 Removal and suspension of commissioner The office of the commissioner becomes vacant if the commissioner— dies; or resigns the office by writing signed by the commissioner and accepted by the Governor in Council; or is removed from office in accordance with this section. The commissioner may be removed from office pursuant to the contract that governs the commissioner’s employment or if the commissioner has breached the contract of employment. Additional grounds on which the commissioner may be removed from office are the following— incapacity, because of physical or mental infirmity, to properly perform the duties of office, or other unfitness to hold office; incompetence in performing, or neglect of the duties of office; a finding by QCAT of corrupt conduct being proved against the commissioner if QCAT orders the commissioner’s dismissal; conviction in the State of an indictable offence (whether on indictment or summarily); imprisonment for any offence. If 1 or more of the grounds prescribed by subsection (3) exists, the commissioner may be removed from office by— the Governor in Council, on a recommendation in which the chairperson of the Crime and Corruption Commission concurs; or in default of exercise of the authority conferred by paragraph (a) , the Governor, on an address from the Legislative Assembly praying for the commissioner’s removal from office. If satisfied that 1 or more of the grounds prescribed by subsection (3) exists, or that the commissioner is charged with corrupt conduct or an offence referred to in subsection (3) (d) , the Governor in Council may suspend the commissioner from office. If the commissioner is suspended from office, the commissioner is entitled to be reinstated in office, unless, upon action taken forthwith following the suspension and pursued diligently to its conclusion, the commissioner is removed from office in accordance with subsection (4) . s 4.5 amd 1993 No. 77 s 2 sch 1 ; 1997 No. 59 s 48 sch 1 ; 2001 No. 69 s 378 sch 1 ; 2009 No. 24 s 1604 ; 2014 No. 21 s 94 (2) sch 2 ; 2016 No. 19 s 46 sch 1 (sec.4.5-ssec.1) The office of the commissioner becomes vacant if the commissioner— dies; or resigns the office by writing signed by the commissioner and accepted by the Governor in Council; or is removed from office in accordance with this section. (sec.4.5-ssec.2) The commissioner may be removed from office pursuant to the contract that governs the commissioner’s employment or if the commissioner has breached the contract of employment. (sec.4.5-ssec.3) Additional grounds on which the commissioner may be removed from office are the following— incapacity, because of physical or mental infirmity, to properly perform the duties of office, or other unfitness to hold office; incompetence in performing, or neglect of the duties of office; a finding by QCAT of corrupt conduct being proved against the commissioner if QCAT orders the commissioner’s dismissal; conviction in the State of an indictable offence (whether on indictment or summarily); imprisonment for any offence. (sec.4.5-ssec.4) If 1 or more of the grounds prescribed by subsection (3) exists, the commissioner may be removed from office by— the Governor in Council, on a recommendation in which the chairperson of the Crime and Corruption Commission concurs; or in default of exercise of the authority conferred by paragraph (a) , the Governor, on an address from the Legislative Assembly praying for the commissioner’s removal from office. (sec.4.5-ssec.5) If satisfied that 1 or more of the grounds prescribed by subsection (3) exists, or that the commissioner is charged with corrupt conduct or an offence referred to in subsection (3) (d) , the Governor in Council may suspend the commissioner from office. (sec.4.5-ssec.6) If the commissioner is suspended from office, the commissioner is entitled to be reinstated in office, unless, upon action taken forthwith following the suspension and pursued diligently to its conclusion, the commissioner is removed from office in accordance with subsection (4) . - (a) dies; or - (b) resigns the office by writing signed by the commissioner and accepted by the Governor in Council; or - (c) is removed from office in accordance with this section. - (a) incapacity, because of physical or mental infirmity, to properly perform the duties of office, or other unfitness to hold office; - (b) incompetence in performing, or neglect of the duties of office; - (c) a finding by QCAT of corrupt conduct being proved against the commissioner if QCAT orders the commissioner’s dismissal; - (d) conviction in the State of an indictable offence (whether on indictment or summarily); - (e) imprisonment for any offence. - (a) the Governor in Council, on a recommendation in which the chairperson of the Crime and Corruption Commission concurs; or - (b) in default of exercise of the authority conferred by paragraph (a) , the Governor, on an address from the Legislative Assembly praying for the commissioner’s removal from office.