Western Australian Consolidated Acts Western Australian Consolidated Acts (1) There is to be a
Commissioner who, in the name of the Commission, is to perform the functions
of the Commission under this Act and any other written law.
(2) Without limiting
subsection (1), if under this Act or any other written law an act or
thing may or must be done by, to, by reference to or in relation to the
Commission, the act or thing is to be regarded as effectually done if done to,
by reference to or in relation to the Commissioner.
(3) The Commissioner
is to be appointed on the recommendation of the Premier by the Governor by
commission under the Public Seal of the State.
(3a) Except in the
case of the first appointment, the Premier is to recommend the appointment of
a person —
(a)
whose name is on a list of 3 persons eligible for appointment that is
submitted to the Premier by the nominating committee; and
(b) who,
if there is a Standing Committee, has the support of the majority of the
Standing Committee and bipartisan support.
(3b) Before making
nominations under subsection (3a) the nominating committee shall
advertise throughout Australia for expressions of interest.
(4) Except in the case
of the first appointment, before an appointment is made under
subsection (3), the Premier must consult with —
(a) the
Standing Committee; or
(b) if
there is no Standing Committee, the Leader of the Opposition, and the leader
of any other political party with at least 5 members in either House.
(4a) In the case of
the first appointment, before the appointment is made the Premier is to
consult with the Leader of the Opposition.
(5) The Commissioner
is to hold office in accordance with this Act.
(6) The office of
Commissioner is not an office in the Public Service.
[Section 9, formerly section 7, amended
by No. 78 of 2003 s. 8; renumbered as section 9 by No. 78 of 2003
s. 35(1).]