CTHRepealedAct
Employment Services Act 1994
87Termination of appointment
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#### 87 Termination of appointment
Misbehaviour or incapacity
(1) The Governor‑General may terminate the appointment of an ESRA Board member because of misbehaviour or physical or mental incapacity.
Bankruptcy, conflict of interest etc.
(2) If an ESRA Board member:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with his or her creditors; or
(d) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(e) fails, without reasonable excuse, to comply with section 85 of this Act or section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 (these sections deal with disclosure of interests);
the Governor‑General must terminate the appointment of the member.
Part‑time ESRA Board members—unauthorised absence, paid employment
(3) If an ESRA Board member who holds office on a part‑time basis:
(a) is absent, except on leave granted under section 82, from 3 consecutive meetings of the ESRA Board; or
(b) engages in paid employment that, in the Minister’s opinion, conflicts with the proper performance of the member’s duties;
the Governor‑General must terminate the appointment of the member.
Full‑time ESRA Board members—unauthorised absence, paid employment
(4) If an ESRA Board member who holds office on a full‑time basis:
(a) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(b) engages, except with the Minister’s approval, in paid employment outside the duties of his or her office;
the Governor‑General must terminate the appointment of the member.
Unsatisfactory performance of individual ESRA Board member
(5) The Governor‑General may terminate the appointment of an ESRA Board member if the Minister is of the opinion that the performance of the member has been unsatisfactory for a significant period of time.
Unsatisfactory performance—ESRA Board
(6) The Governor‑General may terminate the appointment of all ESRA Board members or specified ESRA Board members if the Minister is of the opinion that the performance of the ESRA Board has been unsatisfactory for a significant period of time.