94Termination of appointment

#### 94 Termination of appointment (1) The Governor‑General may terminate the appointment of the Chief Executive Officer: (a) for misbehaviour; or (b) if the Chief Executive Officer is unable to perform the duties of the Chief Executive Officer’s office because of physical or mental incapacity. (2) The Governor‑General must terminate the appointment of the Chief Executive Officer if: (a) the Chief Executive Officer: (i) becomes bankrupt; or (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with creditors; or (iv) makes an assignment of remuneration for their benefit; or (b) the Chief Executive Officer is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the Chief Executive Officer engages, except with the Chief Justice’s approval, in paid work contrary to section 90; or (d) fails, without reasonable excuse, to comply with section 91; or (e) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section. (3) The Governor‑General may, with the consent of the Chief Executive Officer who is: (a) an eligible employee for the purposes of the Superannuation Act 1976; or (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; retire the Chief Executive Officer from office on the ground of incapacity. (4) Despite subsections (1) to (3), if the Chief Executive Officer: (a) is an eligible employee for the purposes of the Superannuation Act 1976; and (b) has not reached the Chief Executive Officer’s maximum retiring age (within the meaning of that Act); the Chief Executive Officer is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act. (5) Despite subsections (1) to (3), if the Chief Executive Officer: (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and (b) is under 60 years of age; the Chief Executive Officer is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act. (6) Despite subsections (1) to (3), if the Chief Executive Officer: (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and (b) is under 60 years of age; the Chief Executive Officer is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.