Australian Capital Territory Current Acts

FINANCIAL MANAGEMENT ACT 1996 - SECT 81

    (1)     This section applies to a governing board member other than the CEO.

    (2)     The responsible Minister may end the member's appointment—

        (a)     if the member contravenes a territory law; or

        (b)     for misbehaviour; or

        (c)     if the member becomes bankrupt or personally insolvent; or

Note     Bankrupt or personally insolvent —see the Legislation Act

, dictionary, pt 1.

        (d)     if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

        (e)     if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or

        (f)     if the member exercises the member's functions other than in accordance with section 85 (Honesty, care and diligence of governing board members); or

        (g)     if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member's functions; or

        (h)     if the member contravenes section 88 (Disclosure of interests by governing board members); or

              (i)     if the member is absent from 3 consecutive meetings of the board, otherwise than on approved leave; or

        (j)     for physical or mental incapacity, if the incapacity substantially affects the exercise of the member's functions.

Note     A person's appointment also ends if the person resigns (see Legislation Act

, s 210).

    (3)     The Minister may also end the appointment of the member (the member concerned ) if the board tells the Minister in writing that it has resolved, by a majority of at least ² / 3 of the members, to recommend to the Minister that the member's appointment be ended.

    (4)     The governing board may pass a resolution mentioned in subsection (3) only if—

        (a)     at least 3 weeks written notice of the intention to consider the proposed resolution has been given to the member concerned; and

        (b)     the member concerned has been given an opportunity to make submissions and present documents to a meeting of the board; and

        (c)     if the member concerned has used the opportunity mentioned in paragraph (b)—a summary of the member's submissions is recorded in the minutes of the board and a copy of any documents presented is included in the minutes.