41Vacancies, resignations and removal from office

41 Vacancies, resignations and removal from office

(1) The office of an appointed member of the Governing Board becomes vacant if the member—

(a) becomes an insolvent under administration; or

(b) is convicted or found guilty of—

(i) an indictable offence; or

(ii) an offence which, if committed in Victoria, would be an indictable offence; or

(c) is absent from 2 consecutive meetings of the Governing Board without the approval of the Governing Board; or

(d) resigns under subsection (2); or

(e) is removed from office under subsection (3).

(2) An appointed member of the Governing Board may resign from office by delivering a signed letter of resignation to the Minister.

(3) The Minister may remove an appointed member of the Governing Board from office if the member—

(a) becomes incapable of performing the member's duties; or

(b) is negligent in the performance of those duties; or

(c) engages in improper conduct; or

(d) fails to disclose a pecuniary interest as required by section 45; or

(e) is no longer suitable to hold office as a member of the Governing Board; or

(f) in the case of a member appointed under section 37(2)(a)(i), ceases to represent an organisation representing employers for a covered industry; or

(g) in the case of a member appointed under section 37(2)(a)(ii), ceases to represent an organisation representing employees for a covered industry.