Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 38K

Termination of appointment

             (1)  The Governor-General may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.

             (2)  The Governor-General is required to terminate the appointment of the Chief Executive Officer if he or she:

                     (a)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

                     (b)  is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  engages in paid employment contrary to section 38J; or

                     (d)  fails, without reasonable excuse, to comply with section 38L; or

                     (e)  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)  The Governor-General may, with the consent of the Chief Executive Officer who 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 ;

retire the Chief Executive Officer from office on the ground of incapacity.

             (4)  In spite of anything contained in this section, if the Chief Executive Officer:

                     (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.

             (5)  In spite of anything contained in this section, if the Chief Executive Officer:

                     (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.

             (6)  In spite of anything contained in this section, if the Chief Executive Officer:

                     (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.



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