(1)  Subject to this section, the Governor may appoint a person to be known as the State Service Commissioner.

(2)  Subject to this Division, the Commissioner holds office for such term, not exceeding 5 years, as may be specified in the instrument of appointment and may from time to time be reappointed for a further term, not exceeding 5 years, as may be specified in the instrument of reappointment.

(3)  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 the office of Commissioner and, if a person holding that office becomes a candidate for election as such a member, that person vacates that office on becoming such a candidate.

(4)  For the purposes of subsection (3) , 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.

(5)  The Commissioner is entitled to such remuneration and allowances as the Governor determines, and holds office subject to such terms and conditions as are specified in the instrument of his or her appointment.

(6)  The Commissioner is taken to be an employee for the purposes of the Long Service Leave (State Employees) Act 1994 .

(7)  Where a person is appointed as Commissioner –

(a) he or she is not eligible to become a member of the contributory scheme; and

(b) subject to subsection (8) , he or she is to be a member of the accumulation scheme; and

(c) references to an employee in the Public Sector Superannuation Reform Act 1999 are to include references to the Commissioner.

(8)  The Commissioner may elect, either before or after commencing duties of that office, to become a member of a complying superannuation scheme other than the accumulation scheme.

(9)  Subsections (7) and (8) do not apply to a person who, immediately before his or her appointment as Commissioner, was a contributor to the contributory scheme.