31Appointment, &c., of officers

31 Appointment, &c., of officers

(1)  The Premier, on behalf of the Crown, may appoint a person as an officer to a vacancy –

(a) in an office created under section 29 ; or

(b) in any prescribed office.

(2)  The Premier may delegate the power to appoint a person to an office created under section 29(4) .

(3)  The provisions of this Act (other than Division 1 of Part 7 and sections 47 and 50(1)(a) ) apply to a person appointed under subsection (1) as a senior executive as if that person were an employee.

(4)  An officer –

(a) holds office for such period as is specified in his or her instrument of appointment; and

(b) is entitled to such remuneration and allowances as are specified in his or her instrument of appointment; and

(c) is taken to be an employee for the purposes of the Long Service Leave (State Employees) Act 1994 ; and

(d) holds office on such terms and conditions with respect to matters not provided for in this Act in relation to officers as are specified in the instrument of appointment.

(5)  A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of such House of Parliament, is disqualified from being appointed to an office created under section 29 and, if a person holding such an office becomes a candidate for election as such a member, that person vacates that office on becoming such a candidate.

(6)  For the purposes of subsection (5) , a person becomes a candidate for election as a member of a House of Parliament when nominated for that election in accordance with the law regulating the election.

(7)  [Section 31 Subsection (7) omitted by No. 54 of 2016, s. 105, Applied:31 Mar 2017] .  .  .  .  .  .  .  .