45Termination of appointment

45 Termination of appointment

(1) The Commission Board may terminate the appointment of the Commission CEO for misbehaviour or physical or mental incapacity. (2) The Commission Board may terminate the appointment of the Commission CEO if the Commission Board is satisfied that the Commission CEO’s performance has been unsatisfactory. (3) Before the Commission Board terminates the appointment of the Commission CEO under subsection (1) or (2): (a) the Commission Board must consult the Minister; and (b) the Minister must consult each participating State/Territory Health Minister. (4) The Commission Board must terminate the appointment of the Commission CEO if: (a) the Commission CEO: (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) makes an assignment of his or her remuneration for the benefit of his or her creditors; or (b) the Commission CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the Commission CEO fails, without reasonable excuse, to comply with 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 Commission CEO engages, except with the Commission Board Chair’s approval, in paid employment outside the duties of his or her office (see section 40). (5) If the Commission Board terminates the appointment of the Commission CEO, the Commission Board must notify: (a) the Minister; and (b) each participating State/Territory Health Minister; of the termination.