Western Australian Current Acts Western Australian Current Acts (1) The Electoral
Commissioner may, at any time, be suspended or removed from the office by the
Governor on addresses from both Houses of Parliament.
(2) Where the Governor
is satisfied that the Electoral Commissioner —
(a) is
incapable of properly performing the duties of the office; or
(b) is
incompetent to properly perform, or has neglected, those duties; or
(c) is,
according to the Interpretation Act 1984 section 13D, a bankrupt or a person
whose affairs are under insolvency laws; or
(d) has
been guilty of misconduct,
the Governor may
suspend the Electoral Commissioner from the office.
(3) When the Electoral
Commissioner has been suspended from the office under subsection (2) the
Electoral Commissioner must 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 Electoral Commissioner’s removal from the office.
[Section 5C inserted: No. 40 of 1987 s. 20;
amended: No. 18 of 2009 s. 34; No. 30 of 2023 s. 182.]