Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - SECT 13

  (1)   The Governor - General may terminate the appointment of a member if an address praying for the termination, on one of the following grounds, is presented to the Governor - General by each House of the Parliament in the same session:

  (a)   proved misbehaviour;

  (b)   the member is unable to perform the duties of his or her office because of physical or mental incapacity.

  (2)   The Governor - General may terminate the appointment of a member if:

  (a)   the member:

  (i)   becomes bankrupt; or

  (ii)   takes steps to take the benefit of any law for the relief of bankrupt or insolvent debts; or

  (iii)   compounds with one or more of his or her creditors; or

  (iv)   makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or

  (b)   the member is a full - time member and is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

  (c)   the member is a part - time member and is unavailable, except on leave of absence, to perform the duties of his or her office for more than 3 months; or

  (d)   the member contravenes section   11 (outside employment); or

  (e)   the member fails, without reasonable excuse, to comply with section   14 (disclosure of interests).

  (3)   The Governor - General may terminate the appointment of a member assigned to the Migration and Refugee Division if the member has a direct or indirect pecuniary interest in an immigration advisory service.

  (4)   The appointment of a member may not be terminated other than in accordance with this section.

  (5)   This section does not apply in relation to a member who is a Judge.