sec.188Removal from office

sec.188 Removal from office

The Governor in Council may, on the Minister’s recommendation, remove a senior member or ordinary member from the member’s office if— the member— is mentally or physically incapable of satisfactorily performing the member’s functions; or has performed the member’s duties carelessly, incompetently or inefficiently, including by contravening a condition of the member’s appointment or section 173 (3) ; or has engaged in conduct that would warrant dismissal from the public service if the member were a public service officer; or the member has been convicted of an indictable offence, whether dealt with on indictment or summarily; or the member becomes an insolvent under administration; or the member ceases to be eligible to be a senior member or ordinary member. If the member has been suspended under section 189 , the Minister may make a recommendation under subsection (1) only if the member has been given an opportunity to make oral and written submissions to— the person conducting the investigation in relation to which the member has been suspended; and either the president or deputy president. Also, the Minister must consult the president before making a recommendation under subsection (1) . s 188 amd 2023 No. 23 s 187 (sec.188-ssec.1) The Governor in Council may, on the Minister’s recommendation, remove a senior member or ordinary member from the member’s office if— the member— is mentally or physically incapable of satisfactorily performing the member’s functions; or has performed the member’s duties carelessly, incompetently or inefficiently, including by contravening a condition of the member’s appointment or section 173 (3) ; or has engaged in conduct that would warrant dismissal from the public service if the member were a public service officer; or the member has been convicted of an indictable offence, whether dealt with on indictment or summarily; or the member becomes an insolvent under administration; or the member ceases to be eligible to be a senior member or ordinary member. (sec.188-ssec.2) If the member has been suspended under section 189 , the Minister may make a recommendation under subsection (1) only if the member has been given an opportunity to make oral and written submissions to— the person conducting the investigation in relation to which the member has been suspended; and either the president or deputy president. (sec.188-ssec.3) Also, the Minister must consult the president before making a recommendation under subsection (1) .

• (a) the member— (i) is mentally or physically incapable of satisfactorily performing the member’s functions; or (ii) has performed the member’s duties carelessly, incompetently or inefficiently, including by contravening a condition of the member’s appointment or section 173 (3) ; or (iii) has engaged in conduct that would warrant dismissal from the public service if the member were a public service officer; or