Public Governance, Performance and Accountability Act 2013

CHAPTER 2 - COMMONWEALTH ENTITIES AND THE COMMONWEALTH  

PART 2-2 - ACCOUNTABLE AUTHORITIES AND OFFICIALS  

Division 3 - Officials  

Subdivision B - Provisions relating to general duties of officials  

SECTION 30   TERMINATION - ACCOUNTABLE AUTHORITY, OR MEMBER OF ACCOUNTABLE AUTHORITY, CONTRAVENING GENERAL DUTIES OF OFFICIALS  

30(1)    

A person (the appointer ) may terminate the appointment of another person (the appointee ) to a position in a corporate Commonwealth entity if:

(a)    

the appointer is responsible for appointing the appointee to the position; and

(b)    the appointee is, or is a member of, the accountable authority of the entity; and

(c)    

the appointee contravenes Subdivision A , or rules made for the purposes of that Subdivision, in relation to the entity; and

(d)    the termination is in accordance with any requirements prescribed by the rules.

Ex officio positions

30(1A)    

A person ' s appointment may be terminated under subsection (1) :

(a)    even if the person was not appointed as the accountable authority, or a member of the accountable authority, of the entity but is the accountable authority, or a member of the accountable authority, as a result of holding the position in the entity to which the person was appointed; and

(b)    whether or not the contravention referred to in paragraph (1)(c) relates to the person ' s duties as the accountable authority.

Note:

This section does not apply to a person who is appointed to a position in a Commonwealth entity and, as a result of holding that position, is or is a member of the accountable authority of a different Commonwealth entity.

Procedure for terminating appointments

30(2)    
The appointer terminates the appointment by giving the appointee a written notice signed by the appointer.

30(3)    
The notice must include a statement of reasons for the termination.

30(4)    
The appointer must cause a copy of the notice to be tabled before each House of the Parliament within 15 sitting days of that House after the day the appointer gives the notice to the appointee.

Rules may prescribe positions whose appointments must not be terminated

30(5)    
Without limiting paragraph (1)(d) , the rules may prescribe positions in relation to which appointments must not be terminated under this section.

Relationship with other termination of appointment provisions

30(6)    

This section applies in addition to, and does not limit, any provision in any enabling legislation for a corporate Commonwealth entity that provides for the termination of the appointment of a person in relation to the entity.