Document ID: chunk:federal_register_of_legislation:F2016L00070:reg:27:p1
Version: federal_register_of_legislation:F2016L00070
Segment Type: reg
Provision Reference: reg 27 (pt 1/2)
Character Range: 24962–27637

27  Termination of appointments of Board members
 (1) The Health Minister may terminate the appointment of a Board member:
 (a) for misbehaviour; or
 (b) if the member is unable to perform the duties of his or her office because of physical or mental incapacity; or
 (c) if the member fails, without reasonable excuse, to comply with section 29 of the Act or Subdivision B of Division 2 of Part 2‑2 of the Public Governance, Performance and Accountability Rule 2014 (which both deal with disclosure of material personal interests); or
 (d) if the member is appointed on a full‑time basis—if he or she engages, except with the Health Minister's approval, in paid employment outside the duties of his or her office (see subsection 25(1)); or
 (e) if the member is appointed on a part‑time basis—if he or she engages in paid employment that, in the Health Minister's opinion, conflicts or may conflict with the proper performance of the duties of his or her office (see subsections 25(2) and (3)); or
 (f) if the Health Minister is satisfied that the performance of the member has been unsatisfactory for a significant period.
 (2) The Health Minister must terminate the appointment of a Board member if:
 (a) the member:
 (i) becomes bankrupt; or
 (ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
 (iii) compounds with one or more of his or her creditors; or
 (iv) makes an assignment of his or her remuneration for the benefit of one of more of his or her creditors; or
 (b) if the member is appointed on a full‑time basis—he or she is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
 (c) if the member is appointed on a part‑time basis—he or she is absent, except on leave of absence, from 3 consecutive meetings of the Board.

Procedures relating to certain terminations
 (3) Before the Health Minister terminates the appointment of a Board member (including the Board Chair) under subsection (1), the Health Minister must:
 (a) seek the support of all the State/Territory Health Ministers for the termination; and
 (b) be satisfied that the termination is supported by a majority of the State/Territory Health Ministers.
 (4) Despite subsection (3), the Health Minister may terminate the appointment of a Board member (including the Board Chair) under subsection (1) if:
 (a) the Health Minister sought under subsection (3) the support of all the State/Territory Health Ministers for the termination; and
 (b) 30 days have passed since the Health Minister sought that support; and
 (c) the Health Minister is satisfied that it is not possible to terminate the appointment in