Australian Capital Territory Consolidated Acts

PUBLIC TRUSTEE ACT 1985 - SECT 53

    (1)     This section applies to a board member other than the public trustee.

    (2)     The Minister may end the member's appointment—

        (a)     if the member contravenes a territory law; or

        (b)     for misbehaviour; or

        (c)     if the member becomes bankrupt or personally insolvent; or

Note     Bankrupt or personally insolvent —see the Legislation Act, dictionary, pt 1.

        (d)     if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

        (e)     if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

        (f)     if the member exercises the member's functions other than in accordance with section 53A (Honesty, care and diligence of board members); or

        (g)     if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member's functions; or

        (h)     if the member contravenes section 53D (Disclosure of interests by board members); or

              (i)     if the member is absent from 3 consecutive meetings of the board, otherwise than on approved leave; or

        (j)     for physical or mental incapacity, if the incapacity substantially affects the exercise of the member's functions.

Note     A person's appointment also ends if the person resigns (see Legislation Act, s 210).

    (3)     The Minister may also end the appointment of the member (the member concerned ) if the board tells the Minister in writing that it has resolved, by a majority of at least ² / 3 of the members, to recommend to the Minister that the member's appointment be ended.

    (4)     The board may pass a resolution mentioned in subsection (3) only if—

        (a)     at least 3 weeks written notice of the intention to consider the proposed resolution has been given to the member concerned; and

        (b)     the member concerned has been given an opportunity to make submissions and present documents to a meeting of the board; and

        (c)     if the member concerned has used the opportunity mentioned in paragraph (b)—a summary of the member's submissions is recorded in the minutes of the board and a copy of any documents presented is included in the minutes.

    (5)     A member who is a public servant ceases to hold office as a member if the member ceases to be a public servant.