13Termination of appointments

13 Termination of appointments

(1) The appointment of a Chairperson or of a person who is appointed under subregulation 11 (1) may be terminated by the Minister for misbehaviour or for incapacity to participate in the performance of the functions, or the exercise of the powers, of a Panel.

(2) The appointment of a Chairperson or of a person who is appointed under subregulation 11 (1) who:

(a) holds, or performs the duties of, a senior position in the management of a nursing home, being a nursing home in respect of which a declaration under subsection 45E (1) of the Act is in force; and

(b) is not the proprietor;

may be terminated by the Minister.

(3) If a Chairperson or a person who is appointed under subregulation 11 (1):

(a) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(b) is convicted of an offence punishable by imprisonment for 1 year or longer;

or, in the case of a member:

(c) is absent without leave granted under regulation 15 from 3 consecutive meetings of the Panel; or

(d) fails, without reasonable excuse, to comply with an obligation imposed by regulation 16;

his or her appointment may be terminated by the Minister.

(4) The appointment of a Chairperson or of a person appointed under subregulation 11 (1) whose:

(a) application under subsection 39BA (1) of the Act is refused under subsection 39BA (5) of the Act; or

(b) approval as an approved operator is revoked under subsection 39BB (3) of the Act;

is terminated.

(5) The appointment of a Chairperson or of a person appointed under subregulation 11 (1) who is the proprietor of a nursing home in respect of which a declaration under subsection 45E (1) of the Act is in force is terminated.

(6) A member appointed under subregulation 11 (1) ceases to be a member on the termination of that appointment.