Tasmanian Civil and Administrative Tribunal Act 2020
16Suspension of appointment as President
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16 Suspension of appointment as President
(1) The Governor may suspend from office a person holding office as the President if the Governor is satisfied that the person –
(a) except by reason of temporary illness, is, by reason of disability or infirmity, incapable of performing the functions of the President; or
(b) has become bankrupt, applied to take, or has taken, advantage of any law relating to bankruptcy or insolvent debtors, compounded with his or her creditors, or made an assignment of his or her remuneration or estate for their benefit; or
(c) has been convicted in Tasmania of –
(i) a crime; or
(ii) an offence that is punishable by imprisonment for a term of 12 months or more –
or has been convicted of a crime, or of an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more.
(2) The Governor may suspend the President from office if the Governor is satisfied that the person has been charged with –
(a) a crime; or
(b) an offence that is punishable by imprisonment for a term of 12 months or more; or
(c) a crime, or an offence, which would, if committed in Tasmania, be a crime, or be an offence punishable by imprisonment for a term of 12 months or more.
(3) The Governor may suspend the President from office if the Governor is satisfied that the person has engaged in –
(a) misconduct as a member of the Tribunal; or
(b) misbehaviour that brings the office into disrepute.
(4) If the President was a magistrate when appointed as the President, the Minister must consult with the Chief Magistrate before the President is suspended under this section.
(5) If a person has been suspended from office under subsection (1) , (2) or (3) , the Minister must cause a statement setting out the grounds for the suspension to be laid before each House of Parliament during the first 7 sitting-days of that House following the suspension or a longer period allowed by resolution of the House of Parliament before which it is laid.