Western Australian Current Acts

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58 .         Suspension and removal

        (1)         If the Governor is satisfied that the Commissioner —

            (a)         is physically or mentally incapable of performing the duties of the office of Commissioner; or

            (b)         has shown incompetence or neglect in performing those duties; or

            (c)         has been guilty of misbehaviour,

                the Governor may suspend the Commissioner from office.

        (2)         In subsection (1)(c) misbehaviour includes conduct that renders the Commissioner unfit to hold office as Commissioner whether or not the conduct relates to any function of the office.

        (3)         After being suspended from office under subsection (1) the Commissioner is entitled to be restored to office unless —

            (a)         a statement of the grounds of suspension is laid before each House of Parliament during the first 7 sitting days of that House following the suspension; and

            (b)         each House of Parliament, during the session in which the statement is so laid, and within 30 days of it being so laid, passes an address praying for the removal of the Commissioner from office.

        (4)         If the Commissioner is suspended from office under subsection (1) and is not restored to office under subsection (3), the office of Commissioner becomes vacant.

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