Article 23 Addition of new Part V B to Constitution.

The Constitution shall be amended by the addition, immediately following Part V A, of the following new Part:

“PART V B

COMPLAINTS COMMISSIONER

Appointment of Complaints Commissioner.

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(1)

Subject to the provisions of this Constitution, a law may make provision for the office, functions, jurisdiction and powers of a Complaints Commissioner.

(2)

The Complaints Commissioner shall be appointed by the Governor, acting in his discretion after consultation with the Executive Council, by instrument under the public seal.

(3)

No person shall be qualified to be appointed as Complaints Commissioner if he is, or has been within the preceding three years, a member of the Legislative Assembly; and, subject to such exceptions as the Governor, acting in his discretion, may authorise in writing, the Complaints Commissioner shall not hold any other office of emolument either in the public service or otherwise nor engage in any occupation for reward other than the duties of his office.

(4)

The office of the Complaints Commission shall become vacant—

(a)

at the expiration of the period specified in the instrument by which he was appointed;

(b)

if he resigns his office by writing under his hand addressed to the Governor;

(c)

if he becomes a member of the Assembly;

(d)

if the Governor, acting in his discretion, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, or for contravention of subsection (3) of this section.

(5)

In the exercise of his functions, the Complaints Commis– sioner shall not be subject to the direction or control of any other person or authority.”.