New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 35C

35C Removal from office

(1) The Governor may remove the Privacy Commissioner from office on the address of both Houses of Parliament.

(2) The Governor may suspend the Privacy Commissioner from office--

(a) for misbehaviour, or

(b) for incapacity, or

(c) if the Privacy Commissioner is absent from duty for a period in excess of his or her leave entitlement as approved by the Governor unless the absence is caused by illness or other unavoidable cause.

(3) The Minister is to lay or cause to be laid before each House of Parliament, within 7 sitting days of that House after the Privacy Commissioner has been suspended from office, a full statement of the grounds for the suspension.

(4) The suspension is to be lifted unless each House of Parliament, within 21 sitting days from the time when the statement was laid before it, declares by resolution that the Privacy Commissioner ought to be removed from office.

(5) If each House does so declare within that period, the Privacy Commissioner is to be removed from office by the Governor.

(6) For the purposes of this section, sitting days are to be counted whether or not they occur in the same session.