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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 155 Termination of appointment of members of the Advisory Council

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 155

Termination of appointment of members of the Advisory Council

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

                     (a)  for misbehaviour; or

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

             (2)  The Minister may terminate the appointment of a member of the Advisory Council 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 Council; or

                     (c)  the member fails, without reasonable excuse, to comply with section 152 or 153 (which deal with the disclosure of interests); or

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

Procedures relating to termination

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

             (4)  Before the Minister terminates the appointment of a member of the Advisory Council other than the Principal Member, 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.