South Australian Consolidated Acts South Australian Consolidated Acts13G—Termination of appointment of Director of Administration or
General Manager by Executive Board
(1)
The Executive Board may terminate the appointment of the Director of
Administration or the General Manager if the Director of Administration or the
General Manager (as the case requires)—
(a)
becomes physically or mentally incapable of carrying out official duties
satisfactorily; or
(b)
fails, without reasonable excuse, to carry out official duties to the
performance standards specified in the instrument of appointment; or
(c)
fails to comply with a duty imposed under section 12F, 13H, 13I or13J; or
(d)
engages in serious misconduct; or
(e) in
the case of the General Manager—
(i)
is convicted of an indictable offence; or
(ii)
becomes bankrupt or applies to take the benefit of a law
for the relief of insolvent debtors.
(2) The appointment of
the Director of Administration or the General Manager may only be terminated
by resolution passed by at least a two-thirds majority of the members of
the Executive Board.
(3) The office of
Director of Administration or General Manager becomes vacant if the
Director of Administration or General Manager (as the case requires)—
(a)
dies; or
(b)
completes a term of office and is not reappointed; or
(c)
resigns by notice in writing addressed to the Executive Board; or
(d) is
sentenced to imprisonment for an offence; or
(e) is
disqualified from managing corporations under Chapter 2D Part 2D.6 of the
Corporations Act 2001 of the Commonwealth; or
(f) is
removed from the office by the Executive Board under subsection (1).
(4) The Minister may
direct the Executive Board to terminate the appointment of the
Director of Administration or the General Manager if he or she—
(a) in
the case of the General Manager—is convicted of an indictable offence;
or
(b) in
any case—has failed to comply with a duty imposed under
section 12F, 13H, 13I or 13J.
(5)
Subsections (1)(e)(i), (3)(d) and (4)(a) do not apply until the period
for appealing against the conviction has expired or, if an appeal is lodged
within that period, until the appeal is finalised.
(6) If the
Director of Administration or General Manager is temporarily absent, or
temporarily unable to discharge his or her official duties, the
Executive Board may appoint a person in accordance with this section to act in
the position of Director of Administration or General Manager (as the case
requires) during the period during which the Director of Administration or
General Manager (as the case requires) is absent or unable to discharge his or
her official duties.
(7) If a casual
vacancy occurs in the office of Director of Administration or General Manager,
the Executive Board must, as soon as practicable after the vacancy occurs,
appoint a person in accordance with this section to fill the vacancy.