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Education and Care Services National Law Act 2010
254Termination of appointment
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254 Termination of appointment
(1) The Board may terminate the appointment of the chief executive officer—
(a) for misconduct or for physical or mental incapacity that significantly impacts on the ability of the chief executive officer to perform the role; or
(b) if the Board is satisfied that the performance of the chief executive officer has been unsatisfactory; or
Sch. s. 254(1)(c) amended by No. 80/2011 s. 74.
(c) if the chief executive officer engages in paid employment outside the duties of his or her office without the approval of the Chairperson of the Board; or
(d) if the chief executive officer has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Board, makes the chief executive officer unfit to continue to be appointed.
(2) The Board must terminate the appointment of the chief executive officer if the chief executive officer—
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the chief executive officer's creditors or makes an assignment of the chief executive officer's remuneration for their benefit; or
(b) is absent, except on a leave of absence approved by the Chairperson of the Board, for 14 consecutive days or for 28 days in any period of 12 months; or
(c) fails, without reasonable excuse, to comply with section 256.
(3) The Chairperson of the Board must notify the Chairperson of the Ministerial Council of the termination of the appointment of the chief executive officer.