Administrative Review Tribunal Act 2024

PART 8 - MEMBERS AND STAFF OF TRIBUNAL  

Division 3 - Member appointment provisions  

Subdivision B - Members ' terms and conditions  

SECTION 221   TERMINATION OF APPOINTMENT  

221(1)    
The Governor-General may, on the recommendation of the Minister, terminate the appointment of a non-judicial member if:

(a)    the member is convicted of an indictable offence; or

(b)    the member is unable to perform the duties of the member ' s office because of physical or mental incapacity; or

(c)    the member ' s conduct or behaviour amounts to serious misconduct by the member; or

(d)    the member is a salaried member and is absent, except on leave of absence, for 5 consecutive days or for 10 days in any 12 months; or

(e)    the member is a sessional member and is unavailable, except on leave of absence, to perform the duties of the member ' s office for more than 3 months; or

(f)    the member engages in conduct that constitutes a serious breach of the code of conduct; or

(g)    the member engages in conduct that constitutes a serious breach of the performance standard; or

(h)    the member is a salaried member and engages, except with the President ' s approval, in paid work outside the duties of the member ' s office (see subsection 216(1) ); or

(i)    the member is a sessional member and engages in paid work that conflicts or could conflict with the proper performance of the member ' s duties (see subsection 216(2) ); or

(j)    the member fails, without reasonable excuse, to comply with section 218 (disclosure of interests).

221(2)    
Without limiting the kinds of conduct that may constitute a serious breach of the code of conduct or performance standard for the purposes of paragraph (1)(f) or (g) , such conduct includes:

(a)    repeatedly breaching the code of conduct or performance standard; and

(b)    breaching the code of conduct or performance standard in a way that is having, or is likely to have, a damaging effect on public trust and confidence in the Tribunal; and

(c)    breaching the code of conduct or performance standard and failing to comply with a direction under subsection 200(1) in relation to the breach.

221(3)    
The Governor-General must terminate the appointment of a non-judicial member if the member:

(a)    becomes bankrupt; or

(b)    applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(c)    compounds with the member ' s creditors; or

(d)    makes an assignment of the member ' s remuneration for the benefit of the member ' s creditors.