37ITermination of appointment—misbehaviour or incapacity

#### 37I Termination of appointment—misbehaviour or incapacity (1) The Governor‑General may terminate the appointment of an assessor if an address praying for the termination of the assessor’s appointment, on the ground of proved misbehaviour or of physical or mental incapacity, is presented to the Governor‑General by each House of the Parliament in the same session of the Parliament. (2) The Governor‑General may, with the consent of an assessor 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 assessor from office on the ground of incapacity. (3) In spite of anything contained in this Act, an assessor who: (a) is an eligible employee for the purposes of the Superannuation Act 1976; and (b) has not reached his or her retiring age (within the meaning of that Act); 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. (4) In spite of anything contained in this Act, an assessor who: (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and (b) is under 60 years of age; 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. (5) In spite of anything contained in this Act, an assessor who: (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; 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.