WORKPLACE RELATIONS ACT 1996 - SECT 56 Termination of appointment
This legislation has been repealed.
WORKPLACE RELATIONS ACT 1996 - SECT 56
Termination of appointment(1) The Minister may terminate the appointment of the Director of the Secretariat if:
(a) the Director of the Secretariat:
(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 Director of the Secretariat fails, without reasonable excuse, to comply with section 54; or
(c) the Director of the Secretariat has or acquires interests that the Minister considers conflict unacceptably with the proper performance of the Director of the Secretariat's duties; or
(d) the Director of the Secretariat engages, except with the Minister's approval, in paid employment outside the duties of his or her office; or
(e) the Director of the Secretariat is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months.
(2) The Minister must terminate the appointment of the Director of the Secretariat if the Minister is of the opinion that the performance of the Director of the Secretariat has been unsatisfactory for a significant period of time.
(3) Subject to subsections (4), (5) and (6), the Minister may terminate the appointment of the Director of the Secretariat for misbehaviour or physical or mental incapacity.
(4) If the Director of the Secretariat:
(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;
his or her appointment cannot be terminated for physical or mental incapacity unless the Board (within the meaning of that Act) has given a certificate under section 54C of that Act.
(5) If the Director of the Secretariat:
(a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; and
(b) is under 60 years of age;
his or her appointment cannot be terminated for physical or mental incapacity unless the Board (within the meaning of that Act) has given a certificate under section 13 of that Act.
(6) If the Director of the Secretariat:
(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;
his or her appointment cannot be terminated on the ground of physical or mental incapacity unless the Board (within the meaning of that Act) has given an approval and certificate under section 43 of that Act.