Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Governor - General may remove a commissioner from office on an address praying for his or her removal on the ground of proved misbehaviour or physical or mental incapacity being presented to the Governor - General by each House of the Parliament in the same session of the Parliament.
(2) The Minister may suspend a commissioner from office on the ground of misbehaviour or physical or mental incapacity.
(3) Where the Minister suspends a commissioner from office, the Minister shall cause a statement of the grounds of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.
(4) If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, an address under subsection (1) has not been presented to the Governor - General by each House of the Parliament, the suspension terminates.
(5) The suspension of a commissioner from office under this section does not affect any entitlement of the commissioner to be paid remuneration and allowances.
(6) If:
(a) a commissioner becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
(b) a commissioner engages, except with the approval of the Minister, in paid employment outside the duties of his or her office;
(c) a commissioner is absent from duty, except on leave of absence granted by the Minister, for 14 consecutive days or 28 days in any 12 months; or
(d) a commissioner fails, without reasonable excuse, to comply with his or her obligations under:
(i) section 189; or
(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;
the Governor - General shall remove that commissioner from office.
(7) The Governor - General may, with the consent of a commissioner who is:
(a) an eligible employee for the purposes of the Superannuation Act 1976 ; or
(b) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or
(c) an ordinary employer - sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ;
by notice in writing, retire the commissioner on the ground of physical or mental incapacity.
(7A) The notice must specify the day on which the commissioner is to be retired.
(7B) The day specified in the notice must not be a day earlier than the day on which the Governor - General signed the notice.
(8) A commissioner shall not be suspended, removed or retired from office except as provided by this section.
(9) In spite of anything contained in this section, a commissioner who:
(a) is an eligible employee for the purposes of the Superannuation Act 1976 ; and
(b) has not reached his or her maximum retiring age (within the meaning of that Act);
is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.
(10) In spite of anything contained in this section, a commissioner who:
(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; and
(b) is under 60 years of age;
is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.
(11) In spite of anything contained in this section, a commissioner who:
(a) is an ordinary employer - sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ; and
(b) is under 60 years of age;
is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.