Document ID: chunk:federal_register_of_legislation:C2016C00846:section:35
Version: federal_register_of_legislation:C2016C00846
Segment Type: section
Provision Reference: s 35
Character Range: 25649–28036

35  Termination of appointment
 (1) The Minister may terminate the appointment of the General Manager for misbehaviour or physical or mental incapacity.
 (2) The Minister must terminate the appointment of the General Manager if the General Manager:
 (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; or
 (b) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
 (c) engages, except with the Minister's approval, in paid employment outside the duties of his or her office; or
 (d) fails, without reasonable excuse, to comply with 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.
 (3) If the General Manager is:
 (a) an eligible employee for the purposes of the Superannuation Act 1976; or
 (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or
 (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005;
the Minister may, with the consent of the General Manager, retire the General Manager from office on the grounds of physical or mental incapacity.
 (4) For the purposes of the Superannuation Act 1976, the General Manager is taken to have been retired from office on the grounds of invalidity if:
 (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and
 (b) CSC gives a certificate under section 54C of that Act.
 (5) For the purposes of the Superannuation Act 1990, the General Manager is taken to have been retired from office on the grounds of invalidity if:
 (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and
 (b) CSC gives a certificate under section 13 of that Act.
 (6) For the purposes of the Superannuation Act 2005, the General Manager is taken to have been retired from office on the grounds of invalidity if:
 (a) the General Manager is removed or retired from office on the grounds of physical or mental incapacity; and
 (b) CSC gives an approval and certificate under section 43 of that Act.

Division 2—Staff and consultants