South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (OVERSIGHT AND ADVOCACY BODIES) ACT 2016 - SECT 22

22—Terms and conditions of appointment

        (1)         The Guardian will be appointed by the Governor on the nomination of the Minister on conditions, and for a term (not exceeding 5 years), determined by the Governor and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment.

        (2)         The Minister must, before nominating a person for appointment as Guardian, call for expressions of interest in accordance with a scheme determined by the Minister.

        (3)         The Guardian is not a Public Service employee.

        (4)         If the Guardian was, immediately before their appointment, employed in the Public Service, the Guardian retains existing and accruing rights in respect of leave.

        (5)         The office of Guardian becomes vacant if the holder—

            (a)         dies; or

            (b)         completes a term of office and is not reappointed; or

            (c)         resigns by written notice to the Governor; or

            (d)         is convicted of—

                  (i)         an indictable offence against the law of this State; or

                  (ii)         an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or

                  (iii)         an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or

            (e)         is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or

            (f)         becomes a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016 ; or

            (g)         is removed from office by the Governor under subsection (6).

        (6)         The appointment of the Guardian may be terminated by the Governor on the ground that the Guardian—

            (a)         has been guilty of misconduct; or

            (b)         has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or

            (c)         has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or

            (d)         has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or

            (e)         is incompetent or has neglected the duties of the position.