Cancer Institute (NSW) Act 2003
11Removal of members and appointment of administrator
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11 Removal of members and appointment of administrator
11 Removal of members and appointment of administrator
(1) The Governor may at any time, for any reason or no reason and without notice, by order published in the Gazette:
(a) remove any member (including the Chief Cancer Officer) or all members of the Board from office, or
(b) remove all members of the Board from office and appoint, as administrator of the Cancer Institute, a person specified in the order for such period as may be specified in the order, or
(c) remove all members of the Board (other than the Chief Cancer Officer) from office and appoint, as administrator of the Cancer Institute, the Chief Cancer Officer for such period as may be specified in the order.
(2) The Chief Cancer Officer ceases to hold office as Chief Cancer Officer if removed from office as a member of the Board.
(3) An administrator of the Cancer Institute has and may exercise, subject to any conditions that may be specified in the order by which the administrator was appointed, all the functions of the Board of the Cancer Institute.
(4) An administrator of the Cancer Institute is entitled to be paid from the funds of the Cancer Institute such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the administrator.
(5) The regulations may make provision with respect to administrators of the Cancer Institute.
(6) If the position of Chief Cancer Officer is an executive position within the meaning of Part 3 of Chapter 9 of the Health Services Act 1997:
(a) the Chief Cancer Officer may not be removed from office under section 121N of that Act, and
(b) section 121N of that Act applies:
(i) to and in respect of a Chief Cancer Officer who is removed from office under this section, and
(ii) to and in respect of the executive position of a Chief Cancer Officer who is so removed,
in the same way as it applies to and in respect of a health executive who is removed from office under section 121N and to and in respect of the executive position of a health executive who is so removed.