Australian Capital Territory Current Acts Australian Capital Territory Current Acts(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.