Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 18K

  (1)   The Governor - General may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.

  (2)   The Governor - General is required to terminate the appointment of the Chief Executive Officer if the Chief Executive Officer:

  (a)   becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

  (b)   is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

  (c)   engages in paid employment contrary to section   18J; or

  (d)   fails, without reasonable excuse, to comply with section   18L.

  (3)   The Governor - General may, with the consent of a Chief Executive Officer who is:

  (a)   an eligible employee for the purposes of the Superannuation Act 1976 ; or

  (b)   a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; or

  (c)   an ordinary employer - sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ;

retire the Chief Executive Officer from office on the ground of incapacity.

  (4)   In spite of anything contained in this section, if the Chief Executive Officer:

  (a)   is an eligible employee for the purposes of the Superannuation Act 1976 ; and

  (b)   has not reached his or her maximum retiring age (within the meaning of that Act);

he or she is not capable of being retired from office on the ground of invalidity (within the meaning of Part   IVA of that Act) unless CSC has given a certificate under section   54C of that Act.

  (5)   In spite of anything contained in this section, if the Chief Executive Officer:

  (a)   is a member of the superannuation scheme established by deed under the Superannuation Act 1990 ; and

  (b)   is under 60 years of age;

he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section   13 of that Act.

  (6)   In spite of anything contained in this section, if the Chief Executive Officer:

  (a)   is an ordinary employer - sponsored member of PSSAP, within the meaning of the Superannuation Act 2005 ; and

  (b)   is under 60 years of age;

he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section   43 of that Act.