68Suspension or termination of appointment

68 Suspension or termination of appointment

68 Suspension or termination of appointment

(1) The appointor may suspend or terminate the appointment of a person or body under this Part by giving written notice to the person or body.

(2) The appointor may suspend or terminate the appointment of a person or body only if an audit of the performance of the person or body carried out under section 67 finds incompetence, misconduct or incapacity.

(3) Before terminating the appointment of a person or body under this Part, the appointor must—

(a) advise the person or body in writing that the person or body’s performance is unsatisfactory and the basis on which it is unsatisfactory, and

(b) provide the person or body with an opportunity to make submissions and consider the submissions received.

(4) The Governor may terminate the appointment of a person or body under this Part on the address of both Houses of Parliament.

(5) To avoid doubt, a person or body appointed under this Part cannot be removed from office under Part 6 of the Government Sector Employment Act 2013.