Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
50 Suspension and ending of appointment of clerk
(1) The Speaker must end the clerk's appointment if the Legislative Assembly resolves to require the Speaker to end the clerk's appointment on the ground of misbehaviour or physical or mental incapacity.
(2) The Speaker may suspend the clerk from duty for misbehaviour or physical or mental incapacity.
(3) The Speaker must present to the Legislative Assembly a statement of the reasons for the suspension on the first sitting day after the day the clerk is suspended.
(4) If, within 3 sitting days after the day the statement is presented, the Legislative Assembly resolves to require the Speaker to end the clerk's appointment, the Speaker must end the clerk's appointment under subsection (1).
(5) The clerk's suspension ends—
(a) if a statement of the reasons for the suspension is not presented to the Legislative Assembly in accordance with subsection (3)—at the end of the day the statement should have been presented to the Assembly; or
(b) if, within 3 sitting days after the day the statement is presented, the Assembly resolves in favour of ending the suspension or not to call on a motion to end the clerk's appointment—on the passing of the resolution; or
(c) if the Assembly does not pass a resolution mentioned in subsection (4) within the 3 sitting days—at the end of the 3rd sitting day.
(6) If the clerk is absent from duty, except on leave granted by the Speaker, for 14 consecutive days or for 28 days in any 12-month period, the Speaker may end the clerk's appointment.
(7) The clerk may only be suspended from duty under this section.
Note A person's appointment also ends if the person resigns (see Legislation Act, s 210).
(8) The clerk is entitled to be paid salary and allowances while suspended.
(9) The clerk's appointment may only be ended under this section or section 51.