Planning Act 2023

The Executive may suspend the chief planner—

for misbehaviour; or

for physical or mental incapacity, if the incapacity affects the exercise of the chief planner’s functions; or

for failing, without reasonable excuse, to comply with section 28 (Chief planner must avoid conflict of interest); or

for failing, without reasonable excuse, to comply with section 29 (Chief planner must not do inconsistent work etc); or

if the chief planner is absent, without approval or reasonable excuse, for 14 consecutive days or for 28 days in any 12‑month period; or

if the chief planner is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or

if the chief planner is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.

If the Executive suspends the chief planner, the Executive must give the chief planner written notice of the suspension and a copy of the statement of reasons for the suspension.

Note For what must be included in a statement of reasons, see the Legislation Act, s 179.

The suspension takes effect when the notice and statement are given to the chief planner under subsection (2).

The Executive must present to the Legislative Assembly the statement of reasons for the suspension not later than the first sitting day after the day the chief planner is suspended.

The Legislative Assembly may, not later than 6 sitting days after the day the statement is presented to the Assembly, make a resolution requiring the Executive to end the chief planner’s appointment.

The chief planner’s suspension ends—

if the Executive does not comply with subsection (4)—at the end of the day the Executive should have presented to the Legislative Assembly the statement mentioned in that subsection; or

if the Assembly does not pass a resolution mentioned in subsection (5) before the end of the 6 sitting days—at the end of the 6th sitting day.

The chief planner is entitled to be paid salary and allowances while suspended.