336Filling of vacancy in position of general manager

#### 336 Filling of vacancy in position of general manager 336 Filling of vacancy in position of general manager > > (1) If a vacancy occurs in the position of general manager, the council must immediately appoint a person under section 334 to the vacant position or appoint a person to act in the vacant position. > > > (2) A vacancy occurs in the position of general manager if the general manager— > > > > > (a) dies, or > > > > > (b) completes the term of his or her contract and is not re-appointed, or > > > > > (c) resigns from the position, or > > > > > (d) becomes a mentally incapacitated person and is removed from the position by the council because of that mental incapacity, or > > > > > (e) is sentenced to imprisonment, or > > > > > (f) is removed from the position for breach of or under the terms of the general manager’s contract with the council. > > > (3) A person may be removed from office under subsection (2)(d) only if, taking into account the person’s past training, qualifications and experience relevant to employment as a general manager, the person’s performance as an employee, and all other relevant factors that it is reasonable to take into account, the person because of his or her mental incapacity— > > > > > (a) would be unable to carry out the inherent requirements of the position of general manager, or > > > > > (b) would, in order to carry out those requirements, require services or facilities that are not required by persons who are not mentally incapacitated persons and the provision of which would impose an unjustifiable hardship (within the meaning of the [Disability Discrimination Act 1992](http://www.legislation.gov.au/) of the Commonwealth) on the council. > > **s 336:** Am 1998 No 34, Sch 1.5 \[1\] \[2\]; 1999 No 94, Sch 4.130 \[2\].