sec.47Amendment, suspension or cancellation of service contracts for breach of service contracts

### sec.47 Amendment, suspension or cancellation of service contracts for breach of service contracts The chief executive may, by notice given to a holder, amend, suspend or cancel the holder’s service contract if— the holder contravenes a condition of the contract; or the chief executive reasonably believes a contravention of the contract by the holder is imminent. However, the chief executive may not amend a holder’s service contract to increase an amount payable to the chief executive for a breach of a key performance indicator. Before taking action against a holder under subsection (1) , the chief executive must give the holder written notice of the intended action, and allow the holder an opportunity to make written representations about the intended action within 10 working days. The chief executive may, by notice given to a holder, immediately amend, suspend or cancel the holder’s service contract if the chief executive reasonably believes that the holder is unable to provide any or all of the services required under the contract. A holder may claim compensation from the State if the holder incurs a cost, damage or loss because of the amendment, suspension or cancellation of the holder’s service contract under subsection (3) . Compensation or costs that may be recovered under subsection (4) may be claimed and ordered in a proceeding brought in a court having jurisdiction for the recovery of a debt in the amount claimed. A court may order the payment of compensation only if it is satisfied— there were no reasonable grounds for believing that the holder was unable to provide any or all of the services required under the contract; and it is just to make the order in the circumstances of the particular case. A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. Subsection (4) has effect to the exclusion of any other remedy. The amendment, suspension or cancellation of a service contract under this section is declared to be an excluded matter for the Corporations Act , section 5F in relation to the Corporations Act , section 440C . s 47 amd 2002 No. 15 s 51 ; 2007 No. 43 s 18 (sec.47-ssec.1) The chief executive may, by notice given to a holder, amend, suspend or cancel the holder’s service contract if— the holder contravenes a condition of the contract; or the chief executive reasonably believes a contravention of the contract by the holder is imminent. (sec.47-ssec.1A) However, the chief executive may not amend a holder’s service contract to increase an amount payable to the chief executive for a breach of a key performance indicator. (sec.47-ssec.2) Before taking action against a holder under subsection (1) , the chief executive must give the holder written notice of the intended action, and allow the holder an opportunity to make written representations about the intended action within 10 working days. (sec.47-ssec.3) The chief executive may, by notice given to a holder, immediately amend, suspend or cancel the holder’s service contract if the chief executive reasonably believes that the holder is unable to provide any or all of the services required under the contract. (sec.47-ssec.4) A holder may claim compensation from the State if the holder incurs a cost, damage or loss because of the amendment, suspension or cancellation of the holder’s service contract under subsection (3) . (sec.47-ssec.5) Compensation or costs that may be recovered under subsection (4) may be claimed and ordered in a proceeding brought in a court having jurisdiction for the recovery of a debt in the amount claimed. (sec.47-ssec.6) A court may order the payment of compensation only if it is satisfied— there were no reasonable grounds for believing that the holder was unable to provide any or all of the services required under the contract; and it is just to make the order in the circumstances of the particular case. (sec.47-ssec.7) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. (sec.47-ssec.8) Subsection (4) has effect to the exclusion of any other remedy. (sec.47-ssec.9) The amendment, suspension or cancellation of a service contract under this section is declared to be an excluded matter for the Corporations Act , section 5F in relation to the Corporations Act , section 440C . - (a) the holder contravenes a condition of the contract; or - (b) the chief executive reasonably believes a contravention of the contract by the holder is imminent. - (a) there were no reasonable grounds for believing that the holder was unable to provide any or all of the services required under the contract; and - (b) it is just to make the order in the circumstances of the particular case.