Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 13

Removal on grounds of proved misbehaviour or incapacity

             (1)  The Governor‑General may remove a member from office on an address praying for his or her removal on the ground of proved misbehaviour or incapacity being presented to the Governor‑General by each House of the Parliament in the same session of the Parliament.

Suspension on grounds of misbehaviour or incapacity

             (2)  The Governor‑General may suspend a non‑presidential member from office on the ground of misbehaviour or incapacity.

             (3)  Where the Governor‑General suspends a non‑presidential member from office, the Minister shall cause a statement of the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.

             (4)  Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the member should be removed from office and, if each House so passes such a resolution, the Governor‑General shall remove the member from office.

             (5)  If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the suspension terminates.

             (6)  The suspension of a member from office under this section does not affect any entitlement of the member to be paid remuneration and allowances.

Removal on ground of bankruptcy

             (7)  If a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, the Governor‑General shall remove him or her from office.

Retirement on ground of incapacity

             (9)  The Governor‑General may, with the consent of a member 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 member from office on the ground of incapacity.

No removal or suspension except under this section

           (10)  A member shall not be removed or suspended from office except as provided by this section.

Judge

           (11)  A reference in subsections (1), (7) and (10) to a member does not include a reference to a member who is a Judge.

CSS

           (12)  In spite of anything contained in this section, a member who:

                     (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);

is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.

PSS

           (13)  In spite of anything contained in this section, a member who:

                     (a)  is a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; and

                     (b)  is under 60 years of age;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given a certificate under section 13 of that Act.

PSSAP

           (14)  In spite of anything contained in this section, a member who:

                     (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;

is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.