Governors (Salary and Pensions) Act 2003

A prescribed entitlement ends if the Legislative Assembly resolves that there is proved misbehaviour justifying ending the prescribed entitlement.

Misbehaviour justifying ending a prescribed entitlement is proved only if the Legislative Assembly accepts a finding of an established tribunal, stated in a report of the established tribunal, that, on the balance of probabilities, the accountable Governor misbehaved in a way that justifies ending the prescribed entitlement.

A tribunal relating to a former Governor—

is to be established under an Act and has the functions, powers, protection and immunity given under an Act; and

is to consist of at least 3 members, appointed by appointment resolution.

A person may be appointed to the established tribunal relating to a former Governor only if—

the person is a retired judge or justice of a State or Federal superior court in Australia; and

the person and the former Governor were not members of the same court at the same time.

The established tribunal must report to the Legislative Assembly whether, on the balance of probabilities, the accountable Governor misbehaved in a way that justifies ending the prescribed entitlement.

For this section, each of the following is not relevant—

when an accountable Governor was appointed to the office;

when the misbehaviour took place;

the death of a person who, immediately before the death, was a former Governor to whom an appointment resolution related.