Document ID: chunk:federal_register_of_legislation:C2024C00809:section:23
Version: federal_register_of_legislation:C2024C00809
Segment Type: section
Provision Reference: s 23
Character Range: 49973–52419

23  Termination of appointment
 (1) The Governor‑General may terminate the appointment of the Director or Associate Director for misbehaviour or physical or mental incapacity.
 (2) If the Director or Associate Director:
 (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
 (b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;
 (c) engages in practice as a legal practitioner outside the duties of his or her office;
 (d) without the consent of the Attorney‑General, engages in paid employment outside the duties of his or her office; or
 (e) fails, without reasonable excuse, to comply with his or her obligations under:
 (i) section 24; or
 (ii) section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section;
the Governor‑General shall terminate the appointment of the Director or Associate Director, as the case may be.
 (3) In spite of anything contained in this section, if the Director or Associate Director:
 (a) is an eligible employee for the purposes of the Superannuation Act 1976; and
 (b) has not reached his or her maximum retiring age (within the meaning of that Act);
he or she is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.
 (4) In spite of anything contained in this section, if the Director or Associate Director:
 (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and
 (b) is under 60 years of age;
he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.
 (5) In spite of anything contained in this section, if the Director or Associate Director:
 (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and
 (b) is under 60 years of age;
he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.