(1) There is to be a Mental Health Complaints Commissioner.
(2) The Governor in Council, on the recommendation of the Minister, may appoint a person as Commissioner.
(3) The Commissioner is to hold office for a term, not exceeding 5 years, specified in the instrument of his or her appointment, but is eligible for reappointment.
(4) The Governor in Council may specify other terms and conditions of appointment in the Commissioner's instrument of appointment.
(5) The Commissioner is entitled to receive remuneration and allowances as are fixed by the Governor in Council from time to time.
(6) If, immediately before his or her appointment, the Commissioner was an officer within the meaning of the State Superannuation Act 1988 , then while he or she is Commissioner, he or she continues, subject to that Act, to be an officer within the meaning of that Act.