Western Australian Current Acts

CORRUPTION, CRIME AND MISCONDUCT ACT 2003 - SECT 12

12 .         Removal or suspension of Commissioner or Deputy Commissioner

        (1)         The Commissioner or Deputy Commissioner may, at any time, be suspended or removed from office by the Governor on addresses from both Houses of Parliament.

        (2)         The Governor may suspend the Commissioner or Deputy Commissioner from office if the Governor is satisfied that the Commissioner or Deputy Commissioner, as the case requires —

            (a)         is incapable of properly performing the duties of office; or

            (b)         has shown themselves incompetent properly to perform, or has neglected, those duties; or

            (c)         has been guilty of misconduct.

        (3)         If the Commissioner or Deputy Commissioner has been suspended from office under subsection (2) the Commissioner or Deputy Commissioner, as the case requires, is to be restored to office unless —

            (a)         a statement of the grounds of the 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 sitting days of that statement being so laid, passes an address praying for the removal of the Commissioner or Deputy Commissioner, as the case may be, from office.

        [Section 12, formerly section 10, renumbered as section 12: No. 78 of 2003 s. 35(1); amended: No. 5 of 2024 s. 9.]