FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 642 Suspension on grounds of misbehaviour or incapacity

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 642

Governor‑General may suspend FWA Member

             (1)  The Governor‑General may suspend an FWA Member (other than the President) from office:

                     (a)  for misbehaviour; or

                     (b)  if the FWA Member is unable to perform the duties of his or her office because of physical or mental incapacity.

Statement of grounds

             (2)  The Minister must cause to be tabled in each House of Parliament, within 7 sitting days of that House after the suspension, a statement identifying the FWA Member and setting out the ground of the suspension.

Resolution by a House of Parliament

             (3)  A House of the Parliament may, within 15 sitting days of that House after the day on which the statement has been tabled in it, declare by resolution that the appointment of the FWA Member should be terminated.

Suspension terminates

             (4)  If a House does not pass a resolution in that way, the suspension terminates.

Appointment to be terminated

             (5)  If each House of the Parliament passes a resolution in that way, the Governor‑General must terminate the appointment of the FWA Member.

Suspension not to affect entitlements

             (6)  The suspension of an FWA Member under this section does not affect any entitlement of the FWA Member to be paid remuneration, and allowances, in accordance with this Act.