Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Governor - General may, on the recommendation of the Minister, terminate the appointment of a non - judicial member if:
(a) the member is convicted of an indictable offence; or
(b) the member is unable to perform the duties of the member's office because of physical or mental incapacity; or
(c) the member's conduct or behaviour amounts to serious misconduct by the member; or
(d) the member is a salaried member and is absent, except on leave of absence, for 5 consecutive days or for 10 days in any 12 months; or
(e) the member is a sessional member and is unavailable, except on leave of absence, to perform the duties of the member's office for more than 3 months; or
(f) the member engages in conduct that constitutes a serious breach of the code of conduct; or
(g) the member engages in conduct that constitutes a serious breach of the performance standard; or
(h) the member is a salaried member and engages, except with the President's approval, in paid work outside the duties of the member's office (see subsection 216(1)); or
(i) the member is a sessional member and engages in paid work that conflicts or could conflict with the proper performance of the member's duties (see subsection 216(2)); or
(j) the member fails, without reasonable excuse, to comply with section 218 (disclosure of interests).
(2) Without limiting the kinds of conduct that may constitute a serious breach of the code of conduct or performance standard for the purposes of paragraph (1)(f) or (g), such conduct includes:
(a) repeatedly breaching the code of conduct or performance standard; and
(b) breaching the code of conduct or performance standard in a way that is having, or is likely to have, a damaging effect on public trust and confidence in the Tribunal; and
(c) breaching the code of conduct or performance standard and failing to comply with a direction under subsection 200(1) in relation to the breach.
(3) The Governor - General must terminate the appointment of a non - judicial member if the member:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with the member's creditors; or
(d) makes an assignment of the member's remuneration for the benefit of the member's creditors.