South Australian Consolidated Acts South Australian Consolidated Acts7—Remuneration and conditions of office
(1)
The Electoral Commissioner and the Deputy Electoral Commissioner hold office,
subject to this Act, on terms and conditions determined by the Governor.
(2)
The Electoral Commissioner and the Deputy Electoral Commissioner are entitled
to the remuneration determined by the Remuneration Tribunal in relation to the
respective offices.
(3) A salary
determined by the Remuneration Tribunal for the Electoral Commissioner or the
Deputy Electoral Commissioner cannot be reduced by subsequent determination
during the term of office of the Electoral Commissioner or the Deputy
Electoral Commissioner (as the case may be).
(5)
The Electoral Commissioner and Deputy Electoral Commissioner are employees
within the meaning and for the purposes of the Superannuation Act 1988 .
(6) A person appointed
as Electoral Commissioner or Deputy Electoral Commissioner is so appointed for
a term expiring on the day on which he or she attains the age of
65 years.
(7) The Governor may
remove the Electoral Commissioner or Deputy Electoral Commissioner from office
on presentation of an address from both Houses of Parliament praying for his
or her removal.
(8) The Governor may
suspend the Electoral Commissioner or Deputy Electoral Commissioner from
office on the ground of incompetence or misbehaviour and, in the event of such
a suspension—
(a) a
full statement of the reason for the suspension must be laid before Parliament
within 3 sitting days if Parliament is then in session or, if not, within 3
sitting days of the commencement of the next session of Parliament; and
(b) if
within 12 sitting days of the statement being laid before Parliament no
address praying for removal of the Electoral Commissioner or Deputy Electoral
Commissioner is presented to the Governor under subsection (7), he or she
must be restored to office, but if such an address is presented, he or she may
be removed from office.
(9) The office of
the Electoral Commissioner or Deputy Electoral Commissioner becomes vacant
if—
(a) he
or she dies;
(b) he
or she resigns his or her office by written notice addressed to the Governor,
or his or her term of office expires;
(c)
having reached the age of 55 years, he or she retires from office by written
notice addressed to the Governor;
(d) he
or she is removed from office under subsection (7) or (8);
(e) he
or she is convicted of an indictable offence or sentenced to imprisonment for
an offence;
(f) he
or she becomes a member, or a candidate for election as a member, of the
Parliament of the State, the Commonwealth, or any other State of the
Commonwealth;
(g) he
or she becomes, in the opinion of the Governor, physically or mentally
incapable of satisfactorily carrying out his or her functions and duties.
(10)
The Electoral Commissioner and the Deputy Electoral Commissioner may only be
removed or suspended from office as provided in this section.
(11) Subject to this
section, the office of—
(a)
the Electoral Commissioner; and
(b) the
Deputy Electoral Commissioner,
may not become vacant.