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Military Rehabilitation and Compensation Act 2004
372Termination of appointment of appointed Commission members
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372 Termination of appointment of appointed Commission members
(1) The Governor‑General may terminate the appointment of an appointed Commission member for misbehaviour or physical or mental incapacity.
(2) The Governor‑General must terminate the appointment of an appointed Commission member if:
(a) the member:
(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 his or her creditors; or
(iv) assigns his or her remuneration for the benefit of his or her creditors; or
(b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Commission; or
(c) the member fails, without reasonable excuse, to comply with:
(i) section 379 or 380; or
(ii) 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; or
(d) the member is described in a subparagraph mentioned in an item of the table and the circumstances described in that item exist.
- Extra grounds for mandatory termination of appointment
- Item Subparagraph Circumstances in which termination is required
- 1 364(1)(b)(i) The member ceases to be a member of the Repatriation Commission
- 2 364(1)(b)(ii) Either:(a) the member is none of the following:(i) the Chief Executive Officer of Comcare;(ii) a person described in subsection 89E(1) of the Safety, Rehabilitation and Compensation Act 1988;(iii) a person engaged under the Public Service Act 1999 performing duties in the Department of State administered by the SRC Minister; or(b) the Minister is asked by the SRC Minister to terminate the member’s appointment (as a Commission member)
- 3 364(1)(b)(iii) Either:(a) the member is neither a Permanent Forces member nor a person engaged under the Public Service Act 1999 performing duties in the Defence Department; or(b) the Minister is asked by the Defence Minister to terminate the member’s appointment (as a Commission member)
Part 6—Meetings and resolutions