QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 203 Removal from office

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 203

203 Removal from office

(1) The Governor in Council may, on the Minister’s recommendation, remove an adjudicator from the adjudicator’s office if—

(a) the adjudicator—

(i) is mentally or physically incapable of satisfactorily performing the adjudicator’s functions; or

(ii) has performed the adjudicator’s duties carelessly, incompetently or inefficiently, including by contravening a condition of the adjudicator’s appointment or section 173 (3) or 196 (2) ; or

(iii) has engaged in conduct that would warrant dismissal from the public service if the adjudicator were a public service officer; or

(b) the adjudicator has been convicted of an indictable offence, whether dealt with on indictment or summarily; or

(c) the adjudicator becomes an insolvent under administration ; or

(d) the adjudicator ceases to be eligible to be an adjudicator.

(2) If the adjudicator has been suspended under section 204 , the Minister may make a recommendation under subsection (1) only if the adjudicator has been given an opportunity to make oral and written submissions to—

(a) the person conducting the investigation in relation to which the adjudicator has been suspended; and

(b) either the president or deputy president.

(3) Also, the Minister must consult the president before making a recommendation under subsection (1) .