New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 11 (2))
(1) A person is not eligible for appointment as the Electoral Commissioner if the person is (or was at any time during the period of 5 years immediately preceding the proposed appointment) any of the following--(a) a member or officer of a party,(b) a member of any legislature (in Australia or in any other country) or a candidate for election as such a member,(c) a councillor or mayor of a council, or the chairperson or a member of a county council, under the Local Government Act 1993 or a candidate for election to such an office,(d) a party agent or official agent under the Electoral Funding Act 2018 .
(2) A person who is a member of a public authority constituted by an Act or of the governing body of any such public authority is also not eligible for appointment as the Electoral Commissioner.
(1) The Electoral Commissioner--(a) holds office for a term of such period, not exceeding 10 years, as is specified in the instrument of appointment, and(b) may be re-appointed for no more than one term of such period (commencing at the end of the term referred to in paragraph (a)), not exceeding 10 years, as is specified in the instrument of re-appointment.
(2) A person who holds or has held office as Electoral Commissioner is not entitled to appointment as Electoral Commissioner except as permitted by subclause (1) (b).
(3) In subclause (2),
"appointment" includes re-appointment.
The office of Electoral Commissioner becomes vacant if the holder--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister, or
(d) is absent from duty for a period of 30 consecutive days except on leave granted by the Minister, or
(e) engages in any paid employment outside the duties of the office, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or
(i) is imprisoned in respect of a conviction for an offence punishable in New South Wales by imprisonment or for an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence so punishable, or
(j) becomes a person who is not eligible under clause 1 to be appointed as the Electoral Commissioner, or
(k) is removed from office by the Governor under clause 4.
The Electoral Commissioner may be suspended from office by the Governor for misbehaviour or incompetence, but cannot be removed from office except in the following manner--
(a) the Minister is to cause to be laid before each House of Parliament a full statement of the grounds of suspension within 7 sitting days of that House after the suspension,
(b) an Electoral Commissioner suspended under this clause is restored to office by force of this Act unless each House of Parliament at the expiry of the period of 21 sitting days from the day when the statement was laid before that House declares by resolution that the Electoral Commissioner ought to be removed from office,
(c) if each House of Parliament does so declare within the relevant period of 21 sitting days, the Electoral Commissioner is to be removed from office by the Governor accordingly.
(1) Appointment by Governor--vacancy The Governor may appoint a person to act as Electoral Commissioner during a vacancy in the office of Electoral Commissioner. The person so appointed may act as Electoral Commissioner during such a vacancy, until a person is appointed to the office under section 11.
(2) Appointment by Minister--illness or absence The Minister may appoint a person to act as Electoral Commissioner during the illness or absence of the Electoral Commissioner. The person so appointed may act as Electoral Commissioner during such an illness or absence.
(3) Appointment by Electoral Commissioner--vacancy, illness or absence The Electoral Commissioner may appoint a member of staff of the Electoral Commission to act as Electoral Commissioner--(a) while the office of Electoral Commissioner is vacant during an election period, or(b) at any time while the Electoral Commissioner is ill or absent.
(3A) A person appointed under subclause (3)(a) may, while the office of Electoral Commissioner is vacant during an election period, act as Electoral Commissioner until a person is appointed by the Governor--(a) under section 11 as Electoral Commissioner, or(b) under subclause (1) to act as Electoral Commissioner.
(3B) A person appointed under subclause (3)(b) may, during an illness or absence of the Electoral Commissioner, act as Electoral Commissioner until a person is appointed by the Minister to act as Electoral Commissioner under subclause (2).
(3C) Maximum period of acting outside election period Despite subclause (3B), a person appointed under subclause (3)(b) may, outside an election period, act as Electoral Commissioner for a period of not more than 30 days.
(3D) Termination of appointment To avoid doubt, a person authorised under this clause to appoint a person to act as Electoral Commissioner may terminate the appointment.
(4) Functions of person acting as Electoral Commissioner A person, while acting as Electoral Commissioner under this clause, has and may exercise the functions of the Electoral Commissioner and is taken to be the Electoral Commissioner.
(5) Ineligibility for appointment A person who is not eligible for appointment as Electoral Commissioner cannot be appointed to act as Electoral Commissioner under this clause.
(6) Notification of appointment of substitute The Electoral Commissioner must, as soon as practicable, advise the Minister of any appointment under subclause (3) or of the termination of any such appointment.
(7) Termination of appointment of member of staff The appointment of a person under subclause (3) terminates if the person ceases to be a member of staff of the Electoral Commission.
(8) Remuneration A person, while acting as Electoral Commissioner under this clause, is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the person while so acting.
(9) Implied powers not affected Nothing in this clause limits the application of section 47 of the Interpretation Act 1987 in relation to any appointment under this clause.
(10) No inquiry into certain matters No person is to be concerned to inquire whether or not occasion has arisen authorising a person to be appointed to act as Electoral Commissioner, or authorising such a person to act as Electoral Commissioner, under this clause.
(11) Definition of "election period" In this clause--
"election period" means--(a) in relation to a local government election--the period starting with the closing date for the election and ending 30 days after polling day (within the meaning of the Local Government Act 1993 ), and(b) in relation to a State election--the period between the issue of the writ or writs for an election and the return of the writ or all the writs.
The office of Electoral Commissioner is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office.
(1) A matter or thing done or omitted to be done by the Electoral Commissioner or a person acting under the direction of the Electoral Commissioner does not, if the matter or thing was done or omitted to be done in good faith for the purpose of exercising a function under this Act, subject the Electoral Commissioner or person so acting personally to any action, liability, claim or demand.
(2) However, any such liability attaches instead to the Crown.