Document ID: chunk:federal_register_of_legislation:C2025C00141:section:221
Version: federal_register_of_legislation:C2025C00141
Segment Type: section
Provision Reference: s 221
Character Range: 284264–286585

221  Termination of appointment
 (1) 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).
 (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.
 (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.