Australian Capital Territory Current Acts

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Appointment of governing board members generally

    (1)     This section applies to the appointment of the members of the governing board of a territory authority, other than the CEO.

    (2)     The responsible Minister for the territory authority may appoint the members.

Note     For laws about appointments, see the Legislation Act

, pt 19.3.

    (3)     The only criteria for deciding whether to appoint a person as a member are—

        (a)     the contribution the person can make to the goals and objectives of the governing board; and

        (b)     the criteria stated in applicable governmental policies (if any) relating to appointments.

    (4)     However, the establishing Act may prescribe other criteria for deciding whether to appoint a person as a member.

    (5)     Also, unless the establishing Act otherwise provides, a person must not be appointed as a member if—

        (a)     the person is a public servant; and

        (b)     if the governing board has a maximum of 6 members or less—the appointment would result in more than 1 public servant being a member of the board; and

        (c)     if the governing board has a maximum of more than 6 members—the appointment would result in more than 2 public servants being members of the board.

    (6)     Subsection (5) does not apply if—

        (a)     the Minister is satisfied that there are special circumstances justifying the appointment; and

        (b)     the Legislative Assembly approves, by resolution, the appointment.

    (7)     An appointment of a member—

        (a)     must not be for longer than 3 years, unless the establishing Act allows a longer period; and

        (b)     is an appointment under the provision of the establishing Act that establishes the governing board.

    (8)     The conditions of appointment of a member (other than a member required under the establishing Act to be a public servant or statutory office holder) are the conditions agreed between the Minister and the member, subject to any determination under the Remuneration Tribunal Act 1995


Note     The terms public servant and statutory office holder are defined in the Legislation Act

, dict, pt 1.

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