LOCAL GOVERNMENT ACT 1993 - SECT 336
Filling of vacancy in position of general manager
LOCAL GOVERNMENT ACT 1993 - SECT 336
Filling of vacancy in position of general manager
336 Filling of vacancy in position of general manager
(1) If a vacancy
occurs in the position of general manager, the council must immediately
appoint a person under section 334 to the vacant position or appoint a person
to act in the vacant position.
(2) A vacancy occurs in the position of
general manager if the general manager--
(a) dies, or
(b) completes the term
of his or her contract and is not re-appointed, or
(c) resigns from the
position, or
(d) becomes a mentally incapacitated person and is removed from
the position by the council because of that mental incapacity, or
(e) is
sentenced to imprisonment, or
(f) is removed from the position for breach of
or under the terms of the general manager's contract with the council.
(3) A
person may be removed from office under subsection (2)(d) only if, taking into
account the person's past training, qualifications and experience relevant to
employment as a general manager, the person's performance as an employee, and
all other relevant factors that it is reasonable to take into account, the
person because of his or her mental incapacity--
(a) would be unable to carry
out the inherent requirements of the position of general manager, or
(b)
would, in order to carry out those requirements, require services or
facilities that are not required by persons who are not mentally incapacitated
persons and the provision of which would impose an unjustifiable hardship
(within the meaning of the Disability Discrimination Act 1992 of the
Commonwealth) on the council.
