35Termination of appointment of the CEO

35 Termination of appointment of the CEO

Misbehaviour, incapacity or unsatisfactory performance (1) The Minister may terminate the appointment of the CEO: (a) for misbehaviour; or (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity; or (c) if the performance of the CEO has been unsatisfactory for a significant period of time. Bankruptcy etc. (2) The Minister may terminate the appointment of the CEO if: (a) the 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 the CEO’s creditors; or (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the CEO engages, except with the Minister’s approval, in paid work outside the duties of the CEO’s office (see section 33); or (d) the 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. Consultation before termination (3) Before the Minister terminates the appointment of the CEO under subsection (1) or (2), the Minister: (a) must consult with the Leader of each Parliamentary party that: (i) does not form part of the Government; and (ii) has at least 5 members who are senators or members of the House of Representatives; and (b) may consult with such other parliamentarians as the Minister considers appropriate. (4) A failure to comply with paragraph (3)(a) does not affect the validity of a termination.