s.12Dismissal or early retirement of Official Members
12
Section 12Part 4 — Personnel Arrangements for Official Members

Dismissal or early retirement of Official Members

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Except in cases where the Constitution specifically provides for the dismissal or early retirement of an Official Member (in which case the relevant provisions shall govern), the Governor may dismiss an Official Member but may do so only on the basis of —
gross misconduct or serious misconduct; or
significant inadequate performance over a reasonable period of time (compared to agreed performance agreements) and provided that there has been adequate opportunity for the Official Member to improve performance to the required level; and
procedures specified in personnel regulations for dismissing civil servants.
The Governor may, subject as stated in subsection (1), require an Official Member to take early retirement on medical grounds where the Official Member has a permanent disability but shall do so in accordance with the procedures specified in regulations for retiring civil servants early on medical grounds.
The Governor shall seek the advice of the Judicial and Legal Services Commission before undertaking any action in relation to the employment of the Attorney General under subsections (1) and (2).

Cross References

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