South Australian Consolidated Acts South Australian Consolidated Acts12—Termination of Chief Executive's appointment
(1) A
Chief Executive's appointment may be terminated by the Governor—
(a) on
the ground that the Chief Executive—
(i)
has been guilty of misconduct; or
(ii)
has been convicted of an offence against this Act or an
offence punishable by imprisonment; or
(iii)
has engaged in any remunerative employment, occupation or
business outside the duties of the position without the consent of
the Minister responsible for the administrative unit; or
(iv)
has become bankrupt or has applied to take the benefit of
a law for the relief of insolvent debtors; or
(v)
has, because of mental or physical incapacity, failed to
carry out duties of the position satisfactorily or to the performance
standards set from time to time by the Premier and the Minister responsible
for the administrative unit under the contract relating to his or her
appointment; or
(vi)
has, for any other reason, in the opinion of the Premier
and the Minister responsible for the administrative unit, failed to carry out
duties of the position satisfactorily or to the performance standards set from
time to time by the Premier and the Minister under the contract relating to
his or her appointment; or
(b) by
not less than three months notice in writing to the Chief Executive.
(2) A
Chief Executive's appointment is terminated if the Chief Executive—
(a)
becomes a member, or a candidate for election as a member, of the Parliament
of the State or the Commonwealth; or
(b) is
sentenced to imprisonment for an offence.
(3) A Chief Executive
may resign from the position by not less than three months notice in writing
to the Minister responsible for the administrative unit (unless notice of a
shorter period is accepted by that Minister).
(4) Subject to this
section and any provision in the contract relating to the Chief Executive's
appointment, if a Chief Executive's appointment is terminated by the Governor
by notice under subsection (1)(b), the Chief Executive is entitled to a
termination payment of an amount equal to three months remuneration (as
determined for the purposes of this subsection under the contract) for each
uncompleted year of the term of appointment (with a pro rata adjustment in
relation to part of a year) up to a maximum of 12 months remuneration (as so
determined).
(5) A Chief Executive
is not entitled to a termination payment if the Chief Executive is appointed
to some other position in the Public Service in accordance with the contract
relating to his or her appointment.