The following rules govern the appointment of a person to fill a casual
vacancy that occurs in the office of a member appointed in accordance with
section 22(2)(c), (d) or (e):
(a) if
the vacancy occurs within 12 months after the member's appointment, the
Governor must appoint on the nomination of the Minister 1 of the
remaining persons from the panel submitted in relation to the member's
appointment;
(i)
none of the remaining persons are qualified for
appointment; or
(ii)
none of the remaining persons are available or willing to
be appointed; or
(iii)
if the vacancy occurs later than 12 months after the
member's appointment,
the Governor may appoint a person nominated by the Minister from a new panel
of 4 persons submitted by the body referred to in the relevant paragraph
(and, if the Minister does not receive a submission from the body within
14 days after requesting the submission of 4 names by that body, the
Minister may proceed to nominate a person determined by the Minister in lieu
of a person submitted by that body);
(c) the
person appointed holds office for the balance of the term of that person's
predecessor.