Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 206T

206T Removal from office

(1) The Governor in Council may, on the Minister’s recommendation, remove a person who is a QCAT justice of the peace from office if—

(a) the person—

(i) is mentally or physically incapable of satisfactorily performing the person’s functions; or

(ii) has performed the person’s functions carelessly, incompetently or inefficiently, including by contravening a condition of the person’s appointment, section 173 (3) (as applied under section 206Z ) or section 206M ; or

(iii) has engaged in conduct that would warrant dismissal from the public service if the person were a public service officer; or

(b) the person has been convicted of an indictable offence, whether dealt with on indictment or summarily; or

(c) the person becomes an insolvent under administration; or

(d) the person ceases to be eligible for appointment as a QCAT justice of the peace.

(2) If the person has been suspended under section 206U , the Minister may make a recommendation under subsection (1) only if the person has been given an opportunity to make oral and written submissions to—

(a) the person conducting the investigation in relation to which the person has been suspended; and

(b) either the president or deputy president.

(3) Also, the Minister must consult the president before making a recommendation under subsection (1) .