Section 221 — Administrative Review Tribunal Act 2024: Termination of appointment

(1) The Governor-General may, on the recommendation of the Minister, terminate the appointment of a non-judicial member if: (a) the member is convicted of an indictable offence; or (b) the member is unable to perform the duties of the member’s office because of physical or mental incapacity; or (c) the member’s conduct or behaviour amounts to serious misconduct by the member; or (d) the member is a salaried member and is absent, except on leave of absence, for 5 consecutive days or for 10 days in any 12 months; or (e) the member is a sessional member and is unavailable, except on leave of absence, to perform the duties of the member’s office for more than 3 months; or (f) the member engages in conduct that constitutes a serious breach of the code of conduct; or (g) the member engages in conduct that constitutes a serious breach of the performance standard; or (h) the member is a salaried member and engages, except with the President’s approval, in paid work outside the duties of the member’s office (see subsection 216(1)); or (i) the member is a sessional member and engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see subsection 216(2)); or (j) the member fails, without reasonable excuse, to comply with section 218 (disclosure of interests). (2) Without limiting the kinds of conduct that may constitute a serious breach of the code of conduct or performance standard for the purposes of paragraph (1)(f) or (g), such conduct includes: (a) repeatedly breaching the code of conduct or performance standard; and (b) breaching the code of conduct or performance standard in a way that is having, or is likely to have, a damaging effect on public trust and confidence in the Tribunal; and (c) breaching the code of conduct or performance standard and failing to comply with a direction under subsection 200(1) in relation to the breach. (3) The Governor-General must terminate the appointment of a non-judicial member if the member: (a) becomes bankrupt; or (b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (c) compounds with the member’s creditors; or (d) makes an assignment of the member’s remuneration for the benefit of the member’s creditors.