South Australian Numbered Acts

CHILDREN AND YOUNG PEOPLE (OVERSIGHT AND ADVOCACY BODIES) ACT 2016 (NO 48 OF 2016) - SECT 8

8—Appointment of Commissioner

        (1)         The Commissioner will be appointed by the Governor on conditions, and for a term (not exceeding 7 years), determined by the Governor and specified in the instrument of appointment.

        (2)         A person appointed to be the Commissioner is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any term as Acting Commissioner) that exceed 10 years in total.

        (3)         The Governor may, by regulation, establish a scheme for the recruitment of the Commissioner (and recruitment of the Commissioner must comply with that scheme).

        (4)         A person may only be appointed to be the Commissioner if, following referral by the Minister of the proposed appointment to the Statutory Officers Committee established under the Parliamentary Committees Act 1991

—

            (a)         the appointment has been approved by the Committee; or

            (b)         the Committee has not, within 7 days of the referral, or such longer period as is allowed by the Minister, notified the Minister in writing that it does not approve the appointment.

        (5)         Despite the Parliamentary Committees Act 1991

, the Statutory Officers Committee must not report on, or publish material in relation to, matters referred to the Committee under subsection (4)

except to the extent allowed by the Minister (but this subsection does not derogate from section 15I(2) of the Parliamentary Committees Act 1991

).

        (6)         If the Commissioner was, immediately before their appointment, employed in the Public Service, the Commissioner retains existing and accruing rights in respect of leave.

        (7)         The Commissioner must not, without the consent of the Minister, engage in any remunerated employment or activity apart from official duties.

        (8)         The Governor may, on the address of both Houses of Parliament, remove the Commissioner from office.

        (9)         The Governor may suspend the Commissioner from office (with, or without, pay) for—

            (a)         contravention of a condition of appointment; or

            (b)         misconduct or conduct that may bring the office of Commissioner into disrepute; or

            (c)         failure or incapacity to carry out official duties satisfactorily.

        (10)         If the Governor suspends the Commissioner from office, a full statement of the reason for the suspension must be laid before both Houses of Parliament within 7 days after the suspension if Parliament is then in session or, if not, within 7 days after the commencement of the next session of Parliament.

        (11)         If, at the end of 20 sitting days after the statement is laid before Parliament, neither House of Parliament has presented an address to the Governor requiring the Commissioner to be restored to office, the Commissioner is removed from office.

        (12)         If within 20 sitting days after the statement is laid before Parliament either House of Parliament presents an address to the Governor requiring the Commissioner to be restored to office, the Commissioner is restored to office.

        (13)         The office of Commissioner becomes vacant if the holder—

            (a)         dies; or

            (b)         completes a term of office and is not reappointed; or

            (c)         resigns by written notice to the Governor; or

            (d)         is nominated for election as a member of an Australian Parliament; or

            (e)         becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or

            (f)         is convicted of—

                  (i)         an indictable offence against the law of this State; or

                  (ii)         an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or

                  (iii)         an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or

            (g)         is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or

            (h)         is removed from office by the Governor under this section.

        (14)         Except as is provided by this section, the Commissioner may not be removed or suspended from office, nor will the office of the Commissioner become vacant.

        (15)         The Commissioner is a senior official for the purposes of the Public Sector (Honesty and Accountability) Act 1995

.