(1) The Governor may,
on the recommendation of the Commissioner, appoint such staff as are necessary
for the performance of the Commissioner’s functions.
(2) Subject to this
Act the terms and conditions of service of a person appointed under subsection
(1) are those determined by the Governor.
(3) Part 3 of the
Public Sector Management Act 1994 does not apply to a person appointed under
(4) The Commissioner
may by arrangement with the Minister concerned and, if appropriate, the
employing authority, within the meaning of the Public Sector Management Act
1994 , of the officer or employee, make use, either full-time or part-time, of
the services of any officer or employee employed in the Public Service or in a
State instrumentality or otherwise in the service of the Crown in right of the
(5) Before commencing
to carry out his or her duties under this Act a person who is appointed under
subsection (1), or whose services are used under subsection (4), has to take
an oath or make an affirmation that he or she will faithfully and impartially
perform those duties, and that he or she will not, except in accordance with
this Act, divulge any information received under this Act.
(6) The oath or
affirmation has to be administered by the Commissioner.
[Section 61 amended: No. 32 of 1994 s. 19.]