Div 1South Australian Skills Commissioner

Division 1—South Australian Skills Commissioner 9—South Australian Skills Commissioner (1) There is to be a South Australian Skills Commissioner. (2) The Commissioner is to be appointed by the Governor on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment. (3) An appointment of a person as Commissioner may be renewed, but a person must not hold office as Commissioner for more than 2 consecutive terms. (4) The Commissioner is subject to direction by the Minister but— (a) the Commissioner cannot be directed to make a particular finding or recommendation; and (b) the Minister must, within 3 sitting days after giving a direction, cause a copy of the direction to be laid before both Houses of Parliament; and (c) a direction must be published in the annual report of the Commissioner relating to the period in which the direction was given. (5) The Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995. 10—Term of office and conditions of appointment (1) The Governor may remove the Commissioner from office on the presentation of an address from both Houses of Parliament seeking the Commissioner's removal. (2) The Governor may suspend the Commissioner from office on the ground of incompetence or misbehaviour and, in that event— (a) a full statement of the reason for the suspension must be laid before both Houses of Parliament within 3 sitting days of the suspension; and (b) if, at the expiration of 1 month from the date on which the statement was laid before Parliament, an address from both Houses of Parliament seeking the Commissioner's removal has not been presented to the Governor, the Commissioner must be restored to office. (3) The office of Commissioner becomes vacant if the Commissioner— (a) dies; or (b) resigns by written notice given to the Minister; or (c) completes a term of office and is not reappointed; or (d) is removed from office by the Governor under subsection (1); or (e) becomes bankrupt or applies as a debtor to take the benefit of the laws relating to bankruptcy; or (f) is convicted of an indictable offence or sentenced to imprisonment for an offence; or (g) becomes a member of the Parliament of this State or any other State of the Commonwealth or of the Commonwealth or becomes a member of a Legislative Assembly of a Territory of the Commonwealth; or (h) becomes, in the opinion of the Governor, mentally or physically incapable of carrying out satisfactorily the duties of office. 11—Remuneration The Commissioner is entitled to remuneration, allowances and expenses determined by the Governor. 12—Acting Commissioner (1) The Minister may appoint a person (who may but need not be an employee in the Public Service) to act as the Commissioner— (a) during a vacancy in the office of Commissioner; or (b) when the Commissioner is absent from, or unable to discharge, official duties; or (c) if the Commissioner is suspended from office under this Act. (2) A person appointed to act as the Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995. 13—Functions of Commissioner In addition to being responsible for the operations of the Commission, the functions of the Commissioner are— (a) to advise and assist the Minister in relation to the Minister's functions under the Act; and (b) to further the objects of this Act; and (c) such other functions as may be conferred on the Commissioner by or under this or any other Act. 14—Reporting obligations (1) The Commissioner must, on or before 31 March in each year, report to the Minister on the performance of the Commissioner's functions during the preceding financial year. (2) The Minister must, within 6 sitting days after receiving a report from the Commissioner, have copies of the report laid before both Houses of Parliament.