Northern Territory Consolidated Acts

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CONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS) ACT - SECT 50

Provisions relating to appointment of non-public sector employee

50. Provisions relating to appointment of non-public sector employee

(1) This section applies if the person appointed to be the Registrar is not an employee within the meaning of the Public Sector Employment and Management Act .

(2) The Registrar holds office for the period (not exceeding 5 years) stated in the appointment and is eligible for re-appointment.

(3) The Registrar holds office on the conditions (including conditions about remuneration, expenses and allowances) determined by the Minister.

(4) The Minister must terminate the appointment of a person as Registrar if the person -

(a) is found guilty of an indictable offence, whether in the Territory or elsewhere;

(b) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

(c) engages in paid employment outside the duties of the office without the Minister's prior written approval.

(5) The Minister may terminate the appointment of a person as Registrar -

(a) on the ground of misbehaviour;

(b) on the ground of inability to satisfactorily perform the duties of the office, whether because of physical or mental incapacity or for any other reason;

(c) if the person is guilty of misconduct of a kind that would, if the person were an employee within the meaning of the Public Sector Employment and Management Act , warrant dismissal under that Act; or

(d) if the person is absent, without leave and without reasonable excuse, for 14 consecutive days or 28 days in any 12 months.

(6) A termination under subsection (4) or (5) must be given in writing to the person.

(7) The Minister may grant leave of absence to the Registrar on the terms the Minister considers appropriate.

(8) The Registrar may resign from office by written notice given to the Minister.



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