Administrative Review Tribunal Act 2024
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.
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