Australian Capital Territory Numbered Regulations

HEALTH PROFESSIONALS REGULATIONS 2004 (NO 41 OF 2004) - REG 59

    (1)     This regulation applies if—

        (a)     there is a casual vacancy for a position on a health profession board; and

        (b)     either—

              (i)     the former board member's term had not more than 1 year to run; or

              (ii)     the electoral commissioner tells the president under regulation 55 (4) that it is not practicable to fill the vacancy; or

              (iii)     the commissioner tells the president under regulation 57 (2) that there are no candidates for the vacancy.

    (2)     If the health profession board is satisfied that, because of the size of the board, it is not practicable for the board to exercise its functions without filling the vacancy, the board may ask the Minister to nominate a person to fill the vacancy.

    (3)     If asked to do so under subregulation (2) and after consulting with the health profession board, the Minister must nominate a person who is eligible to be a member of the board and tell the electoral commissioner.

    (4)     The electoral commissioner must—

        (a)     declare the person elected; and

        (b)     tell the president of the health profession board in writing about the person's election.

    (5)     To remove any doubt, the health profession board may exercise functions under this regulation even if it does not have a quorum.