SCHEDULE 1 - General Provisions as to Auditor-General

Section 9

1.    Term of office

(1) Subject to this Act, a person appointed as Auditor-General holds office for a term not exceeding 10 years.

(2) Except as provided in section 50 , a person cannot be appointed as Auditor-General if the person has previously been appointed as Auditor-General under this Act or the Financial Management and Audit Act 1990 .

2.    Remuneration

(1) The Auditor-General is to be paid a salary in respect of a financial year at a rate that is the average of the rates of salary paid to the Auditors-General in South Australia and Western Australia from the beginning of that financial year.

(2) The salary and conditions of the Auditor-General's employment are not to be altered during the term of his or her appointment in any way to the disadvantage of the Auditor-General.

(3) The salary of the Auditor-General is to be paid out of the Consolidated Fund which, to the necessary extent, is appropriated accordingly.

3.    Other employment

The Auditor-General must not, except so far as authorised so to do by another enactment or by resolutions of both Houses of Parliament –

(a) hold any appointment (other than that of Auditor-General) or be a member of, or of the governing body of, any State entity; or

(b) engage in any paid employment outside the duties of his or her appointment as Auditor-General.

4.    Leave and other conditions of service

(1) In addition to the salary paid under this Act, the Auditor-General is entitled to be paid any travelling allowances and other allowances as are applicable to a Head of a State Service Agency.

(2) The Auditor-General is entitled to the same leave of absence, whether recreation leave or leave of any other kind, as that to which the Auditor-General would be entitled under the State Service Act 2000 , if the Auditor-General were a State Service employee, but only in the circumstances and subject to the conditions that are applicable in respect of such an employee.

(3) A person appointed as Auditor-General is taken to be an employee for the purposes of the Long Service Leave (State Employees) Act 1994 and the Public Sector Superannuation Reform Act 1999 .

(4) The allowances which the Auditor-General is entitled to be paid under this clause are to be paid out of the Consolidated Fund which, to the necessary extent, is appropriated accordingly.

5.    Rights preserved

(1) A State Service officer or State Service employee appointed as Auditor-General is entitled to retain all existing and accruing rights as if the service of that person as Auditor-General were a continuation of service as a State Service officer or State Service employee.

(2) Where a person ceases to hold office as Auditor-General and becomes a State Service officer or State Service employee, the service of that person as Auditor-General is to be regarded as service in the State Service for the purpose of determining rights as a State Service officer or State Service employee.

6.    Resignation of Auditor-General

The Auditor-General may resign from office by giving the Governor a signed letter of resignation.

7.    Removal and suspension from office

(1) The Auditor-General is not to be removed from office as Auditor-General unless a resolution for that removal is passed by both Houses of Parliament.

(2) At any time when Parliament is not sitting the Governor may suspend the Auditor-General from office as Auditor-General for incapacity, incompetence or misbehaviour, in which case the person holding office as Deputy Auditor-General is to act in the office of Auditor-General.

(3) Where the Governor suspends the Auditor-General from office, the Governor is to cause to be laid before each House of Parliament, within the next 7 sitting-days of that House after that suspension, a full statement of the reason for that suspension.

(4) If a resolution is presented to the Governor by either House of Parliament, within 20 sitting-days of that House after a statement under subclause (3) is laid before it, requesting that the Auditor-General be restored to that office, the Auditor-General is to be restored accordingly.

(5) If no such resolution is so presented, the Governor, within 30 days of the expiration of the period mentioned in subclause (4) , is to confirm the suspension, and declare the office of Auditor-General to be vacant, and that office becomes vacant.