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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 134

Termination of appointment of Board members

             (1)  The Minister may terminate the appointment of a Board member:

                     (a)  for misbehaviour; or

                     (b)  if the member is incapable of performing the duties of his or her office; or

                     (c)  if the Minister does not have confidence in the member.

             (2)  The Minister may terminate the appointment of a Board member if:

                     (a)  the member:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or

                     (c)  the member engages in paid employment that, in the Minister's opinion, conflicts or may conflict with the proper performance of the member's duties (see section 132); or

                     (e)  the Minister is satisfied that the performance of the member has been unsatisfactory for a significant period.

Note:          The appointment of a board member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

Procedures relating to termination

             (3)  The Minister must consult the host jurisdictions about the termination of the appointment of the Chair.

             (4)  Before the Minister terminates the appointment of a Board member other than the Chair, the Minister must:

                     (a)  seek the support of all the host jurisdictions for the termination; and

                     (b)  be satisfied that the termination is supported by:

                              (i)  the Commonwealth; and

                             (ii)  a majority of the group consisting of the Commonwealth and the host jurisdictions.

          (4A)  The Minister must give a notice (the original notice ) in writing to one host jurisdiction Minister for each host jurisdiction seeking the agreement of that host jurisdiction to the termination covered by subsection (4) and requesting the agreement be given before the end of 28 days beginning on the day the notice is given.

          (4B)  If, immediately before the end of that 28-day period:

                     (a)  no host jurisdiction Minister for a host jurisdiction has informed the Minister whether that host jurisdiction agrees to the termination; and

                     (b)  no host jurisdiction Minister for that host jurisdiction has made a request under subsection (4C);

then, at the end of that period, that host jurisdiction is taken to have agreed to the termination.

          (4C)  If, before the end of that 28-day period, a host jurisdiction Minister for a host jurisdiction gives a notice in writing to the Minister requesting a longer period within which that host jurisdiction may agree to the termination:

                     (a)  that host jurisdiction may give that agreement before the end of 90 days beginning on the day the original notice was given; and

                     (b)  if, immediately before the end of that 90-day period, no host jurisdiction Minister for that host jurisdiction has informed the Minister whether that host jurisdiction agrees to the termination, then, at the end of that period, that host jurisdiction is taken to have so agreed.

Termination under the Public Governance, Performance and Accountability Act 2013

             (5)  Subsections (3) to (4C) are taken to apply in relation to the termination of the appointment of a Board member under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as those subsections apply to a termination under this section.



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