CTHRepealedAct
Public Service Act 1922
17Suspension and removal
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##### 17 Suspension and removal
(1) The Governor‑General may remove the Commissioner from office on an address praying for the Commissioner’s removal on the ground of misbehaviour or physical or mental incapacity being presented to the Governor‑General by each House of the Parliament in the same session of the Parliament.
(2) The Governor‑General may suspend the Commissioner from office on the ground of misbehaviour or physical or mental incapacity.
(3) Where the Governor‑General suspends the Commissioner from office, the Prime Minister shall cause a statement of the grounds of the suspension to be laid before each House of the Parliament within 7 sitting days of the House after the suspension.
(4) Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Commissioner should be removed from office and, if each House so passes such a resolution, the Governor‑General shall remove the Commissioner from office.
(5) If, at the expiration of 15 sitting days of a House of Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the suspension terminates.
(6) The suspension of the Commissioner from office under this section does not affect any entitlement of the Commissioner to be paid remuneration and allowances.
(7) If the Commissioner becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or assigns remuneration for their benefit, the Governor‑General shall remove the Commissioner from office.
(8) If the Commissioner is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months, the Governor‑General may remove the Commissioner from office.
(9) The Commissioner shall not be removed or suspended from office except as provided by this section.