33Removal of executive members

33 Removal of executive members

(1) The Minister may, by writing signed by the Minister, remove an executive member from office: (a) for misbehaviour; or (b) if the executive member is unable to perform the duties of the executive member’s office because of physical or mental incapacity; or (c) if the executive member ceases to be a registered member.

Note: An executive member may also be removed from office under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

(2) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies to an election of an executive member under section 30 of this Act as if the election were an appointment by the Minister. (3) If, at a special general meeting, a motion that all executive members be removed from office is passed in accordance with subsection (4), all executive members are removed from office. (4) A motion referred to in subsection (3) moved at a special general meeting is taken to be passed only if it is supported by not less than two‑thirds of the registered members present at the meeting and voting. (5) If an executive member (other than the Chairperson) is absent from 3 consecutive meetings of the executive committee without leave of absence and without reasonable excuse, the Chairperson may, by writing signed by the Chairperson, remove the executive member from office.

Note: Leave of absence is granted under section 32A.

(6) If the Chairperson is absent from 3 consecutive meetings of the executive committee without leave of absence and without reasonable excuse, the Registrar may, by writing signed by the Registrar, remove the Chairperson from office.

Note: Leave of absence is granted under section 32A.

(7) The Registrar must, by writing signed by the Registrar, remove an executive member from office if: (a) the executive member is not a fit and proper person; or (b) the executive member was not a fit and proper person at the time when the executive member was nominated for the office of executive member; or (c) the executive member fails, without reasonable excuse, to comply with a notice under subsection 34G(2) or (4). (8) If the Registrar removes the Chairperson from office under subsection (6), the Registrar must: (a) notify the Minister, the Chairperson and the Chief Executive Officer, in writing, of the removal; and (b) do so as soon as practicable after the removal. (9) Subsection (7) does not affect the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).