Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Governor - General may terminate the appointment of an appointed Commission member for misbehaviour or physical or mental incapacity.
(2) The Governor - General must terminate the appointment of an appointed Commission member if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) assigns his or her remuneration for the benefit of his or her creditors; or
(b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Commission; or
(c) the member fails, without reasonable excuse, to comply with:
(ii) section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or
(d) the member is described in a subparagraph mentioned in an item of the table and the circumstances described in that item exist.
Extra grounds for mandatory termination of appointment | ||
Item | Subparagraph | Circumstances in which termination is required |
1 | 364(1)(b)(i) | The member ceases to be a member of the Repatriation Commission |
2 | 364(1)(b)(ii) | Either: (a) the member is none of the following: (i) the Chief Executive Officer of Comcare; (ii) a person described in subsection 89E(1) of the Safety, Rehabilitation and Compensation Act 1988 ; (iii) a person engaged under the Public Service Act 1999 performing duties in the Department of State administered by the SRC Minister; or (b) the Minister is asked by the SRC Minister to terminate the member's appointment (as a Commission member) |
3 | 364(1)(b)(iii) | Either: (a) the member is neither a Permanent Forces member nor a person engaged under the Public Service Act 1999 performing duties in the Defence Department; or (b) the Minister is asked by the Defence Minister to terminate the member's appointment (as a Commission member) |