South Australian Numbered Acts South Australian Numbered ActsSchedule 2—Provisions relating to members of Council
1—Chairperson and Deputy Chairperson of Council
(1) The Minister is to
appoint 2 of the members of the Council (in and by their respective
instruments of appointment or in and by other instruments executed by the
Minister) as Chairperson and Deputy Chairperson of the Council, respectively.
(2) The Minister may
remove a member from the office of Chairperson or Deputy Chairperson of the
Council at any time.
(3) A person holding
office as Chairperson or Deputy Chairperson of the Council vacates that office
if the person—
(a) is
removed from that office by the Minister; or
(b)
resigns that office by instrument in writing addressed to the Minister; or
(c)
ceases to be a member.
(1) The Minister may,
from time to time, appoint a person to be the deputy of a member, and the
Minister may revoke any such appointment.
(2) In the absence of
a member, the member's deputy—
(a) is,
if available, to act in the place of the member; and
(b)
while so acting, has all the functions of the member and is taken to be a
member.
(3) The deputy of a
member who is Chairperson or Deputy Chairperson of the Council does not
(because of this clause) have the member's functions as Chairperson or Deputy
Chairperson.
(4) A person while
acting in the place of a member is entitled to be paid such allowances as the
Minister may from time to time determine in respect of the person.
Subject to this Schedule, a member holds office for such period (not exceeding
3 years) as may be specified in the member's instrument of appointment,
but is eligible (if otherwise qualified) for reappointment.
A member is entitled to be paid such allowances as the Minister may from time
to time determine in respect of the member.
(1) The office of a
member becomes vacant if the member—
(a)
resigns the office by instrument in writing addressed to the Minister; or
(b) is
removed from office by the Minister under this clause; or
(c) is
absent from 4 consecutive meetings of the Council of which reasonable notice
has been given to the member personally or in the ordinary course of post
unless—
(i)
the member is so absent on leave granted by the Council;
or
(ii)
before the expiration of 4 weeks after the last of those
meetings, the member is excused by the Council for having been absent from
those meetings; or
(d)
becomes an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(e) is
convicted in South Australia of an offence that is punishable by imprisonment
for life or for a term of 12 months or more, or is convicted elsewhere than in
South Australia of an offence that, if committed in South Australia, would be
an offence so punishable.
(2) The Minister may
remove a member from office—
(a) for
incompetence or misbehaviour; or
(b) for
mental or physical incapacity to carry out duties of office satisfactorily; or
(c) for
breach of, or non-compliance with, a condition of appointment.
6—Filling of vacancy in office of member
If the office of a member becomes vacant, a person may, subject to this Act,
be appointed to fill the vacancy.
(1) A member, a deputy
of a member, or any person acting under the direction of the Council or of a
member or a deputy of a member, is not personally liable for anything done or
omitted to be done in good faith—
(a) in
the exercise of a function under this Act; or
(b) in
the reasonable belief that the act or omission was in the exercise of a
function under this Act.
(2) Any liability
resulting from an act or omission that, but for subclause (1), would
attach to a person attaches instead to the Council.