81Ending board member appointments

81 Ending board member appointments (1) This section applies to a governing board member other than the CEO. (2) The responsible Minister may end the member’s appointment— (a) if the member contravenes a territory law; or (b) for misbehaviour; or (c) if the member becomes bankrupt or personally insolvent; or Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1. (d) if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or (e) if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or (f) if the member exercises the member’s functions other than in accordance with section 85 (Honesty, care and diligence of governing board members); or (g) if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions; or (h) if the member contravenes section 88 (Disclosure of interests by governing board members); or (i) if the member is absent from 3 consecutive meetings of the board, otherwise than on approved leave; or (j) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions. Note A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

(3) The Minister may also end the appointment of the member (the member concerned) if the board tells the Minister in writing that it has resolved, by a majority of at least 2/3 of the members, to recommend to the Minister that the member’s appointment be ended. (4) The governing board may pass a resolution mentioned in subsection (3) only if— (a) at least 3 weeks written notice of the intention to consider the proposed resolution has been given to the member concerned; and (b) the member concerned has been given an opportunity to make submissions and present documents to a meeting of the board; and (c) if the member concerned has used the opportunity mentioned in paragraph (b)—a summary of the member’s submissions is recorded in the minutes of the board and a copy of any documents presented is included in the minutes. Division 9.3 Functions of governing board members