46Termination of appointment of the Director

46 Termination of appointment of the Director

(1) The Board may terminate the appointment of the Director: (a) for misbehaviour; or (b) if the Director is unable to perform the duties of his or her office because of physical or mental incapacity; or (c) if the Director fails, without reasonable excuse, to comply with section 29 of the Act or section 16 of the Public Governance, Performance and Accountability Rule 2014 (which both deal with disclosure of material personal interests); or (d) if the Director is appointed on a full‑time basis—if the Director engages, except with the Board Chair’s approval, in paid employment outside the duties of his or her office (see subsection 41(1)); or (e) if the Director is appointed on a part‑time basis—if the Director engages in paid employment that, in the Board Chair’s opinion, conflicts or may conflict with the proper performance of the duties of his or her office (see subsection 41(3)); or (f) if the Board is satisfied that the performance of the Director has been unsatisfactory for a significant period. (2) The Board must terminate the appointment of the Director if: (a) the Director: (i) becomes bankrupt; or (ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounds with one or more of his or her creditors; or (iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or (b) if the Director is appointed on a full‑time basis—the Director is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) the Director is absent, except on leave of absence, from 3 consecutive meetings of the Board. (3) However, the Board must not terminate the appointment of the Director under this section unless the Minister agrees in writing to the termination.