Western Australian Current Acts Western Australian Current Acts (1) For the purposes
of this Part there shall be 3 Electoral Distribution Commissioners of whom
—
(a) one
shall be a person with judicial experience, appointed by the Governor on the
recommendation of the Premier, who shall be chairman; and
(b) one
shall be the Electoral Commissioner; and
(c) one
shall be the Government Statistician.
(2) If the person
appointed an Electoral Distribution Commissioner under subsection (1)(a) is
absent or is for any other reason unable to act as an Electoral Distribution
Commissioner, the Governor, on the recommendation of the Premier, may appoint
another person with judicial experience to act in the office of Electoral
Distribution Commissioner and as chairman during the absence or inability.
(3) A person acting in
the office of the Electoral Commissioner under section 5D or 5H(2) shall,
while so acting, act in the office of Electoral Distribution Commissioner
under subsection (1)(b).
(4) If the office of
the Government Statistician is vacant, or the holder of that office is absent
or is for any other reason unable to act as an Electoral Distribution
Commissioner, the Governor, on the recommendation of the Premier, may appoint
a suitable person to act in the office of Electoral Distribution Commissioner
under subsection (1)(c) during the vacancy, absence or inability.
(4A) Before making a
recommendation under subsection (1)(a) or (2) that a judge of the Supreme
Court of Western Australia be appointed, the Premier shall consult the Chief
Justice of Western Australia.
(5) Before making a
recommendation under subsection (1)(a), (2) or (4) the Premier shall consult
with, and seek the written views of, the parliamentary leader or
representative of each party and Independent members in the Parliament.
(5A) A person
appointed under subsection (1)(a) shall hold office for such term, not
exceeding 5 years, as is specified in his or her instrument of appointment,
and is eligible for reappointment once.
(5B) The appointment
of a person who is a judge of the Supreme Court of Western Australia under
subsection (1)(a) or (2) does not affect the person’s tenure of office
as, or status as, a judge of the Supreme Court of Western Australia nor the
payment of the person’s salary or allowances as a judge nor any other
rights or privileges of the person as a judge.
(5C) If a person
appointed under subsection (1)(a) or (2) is not a judge of the Supreme Court
of Western Australia, the person’s conditions of service as an Electoral
Distribution Commissioner, including remuneration and allowances, are to be
determined by the Governor from time to time.
(5D) Any remuneration
and allowances paid to a person under subsection (5C) do not affect any
entitlements the person may have under the
Judges’ Salaries and Pensions Act 1950 .
(6) The Commissioners
shall meet as often as may be necessary for carrying out their duties under
this Part.
(7) For the purposes
of this Part —
(a) the
Commissioners have the powers, protections and immunities of a Royal
Commission and the Chairman of a Royal Commission under the Royal Commissions
Act 1968 ; and
(b) the
provisions of the Royal Commissions Act 1968 have effect in relation to the
Commissioners as if they were enacted in this Act and in terms made applicable
to the Commissioners and the performance of the functions of the Commissioners
under this Part.
(8) The moneys
reasonably required for the purposes of the Commissioners shall be charged, on
the certificate of the Auditor General, to the Consolidated Account, which
this subsection appropriates to the necessary extent.
[Section 16B inserted: No. 1 of 2005 s. 4;
amended: No. 77 of 2006 s. 4; No. 38 of 2008 s. 5; No. 14 of 2014 s. 5.]
[Heading inserted: No. 20 of 2021 s. 15.]