ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 40 Termination of appointment

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 40

40. (1) Subject to subsection (2), the Minister may suspend a Commissioner
from office because of misbehaviour or physical or mental incapacity.

(2) The Minister shall not suspend a Commissioner from office unless the
Minister has:

   (a)  by written notice served on the Commissioner, giving the Commissioner
        7 days within which to show cause why the Commissioner should not be
        suspended; and

   (b)  consulted the Commission.

(3) The Minister shall cause a statement identifying the Commissioner and
setting out 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
Commissioner ought to be restored to office and, if each House so passes such
a resolution, the Minister shall terminate the suspension.

(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 Minister may terminate the
appointment of the Commissioner.

(6) If an elected Commissioner ceases to be member of a Regional Council
otherwise than by resigning from the Regional Council, the Minister may
terminate the appointment of the Commissioner.

(7) If a Commissioner:

   (a)  is convicted of an offence against a Commonwealth, State or Territory
        law and sentenced to imprisonment for one year or longer;

   (b)  is convicted of an offence against a Commonwealth, State or Territory
        law involving dishonesty and sentenced to imprisonment for 3 months or
        longer;

   (c)  being a full-time Commissioner, is absent from duty, except on leave
        granted under section 35, for 14 consecutive days or for 28 days in
        any period of 12 months;

   (d)  being a part-time Commissioner, is absent, except on leave granted
        under section 35, from 3 consecutive meetings of the Commission; or

   (e)  fails, without reasonable excuse, to comply with section 37; the
        Minister shall terminate the appointment of that Commissioner.

(8) If the Minister terminates the appointment of a Commissioner, the Minister
must cause to be laid before each House of the Parliament, within 7 sitting
days of that House after the termination, a statement:

   (a)  identifying the Commissioner;

   (b)  stating that his or her appointment has been terminated; and

   (c)  setting out the ground of the termination.

(9) Without limiting the generality of this section, a Commissioner shall be
taken to have been guilty of misbehaviour if he or she has knowingly voted in
favour of, or knowingly participated in, a contravention of a lawful direction
given by the Minister to the Commission, whether under section 12 or 74 or any
other provision of this Act.