Public Trustee and Guardian Act 1985

This section applies to a board member other than the public trustee and guardian.

The Minister may end the member’s appointment—

if the member contravenes a territory law; or

for misbehaviour; or

if the member becomes bankrupt or personally insolvent; or

Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

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

if the member 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; or

if the member exercises the member’s functions other than in accordance with section 53A (Honesty, care and diligence of board members); or

if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member’s functions; or

if the member contravenes section 53D (Disclosure of interests by board members); or

if the member is absent from 3 consecutive meetings of the board, otherwise than on approved leave; or

for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions.

A person’s appointment also ends if the person resigns (see Legislation Act, s 210).

The Minister may also end the appointment of the member (the member concerned) if the board tells the Minister in writing that it has resolved, by a majority of at least 2/3 of the members, to recommend to the Minister that the member’s appointment be ended.

The board may pass a resolution mentioned in subsection (3) only if—

at least 3 weeks written notice of the intention to consider the proposed resolution has been given to the member concerned; and

the member concerned has been given an opportunity to make submissions and present documents to a meeting of the board; and

if the member concerned has used the opportunity mentioned in paragraph (b)—a summary of the member’s submissions is recorded in the minutes of the board and a copy of any documents presented is included in the minutes.

A member who is a public servant ceases to hold office as a member if the member ceases to be a public servant.