Victorian Current Acts Victorian Current Acts(1) The Board of Management shall consist of eleven members of whom—
(a) one shall be the person who for the time being is the Chief Executive Officer of the Hospital appointed pursuant to section 14;
(b) one shall be the person who for the time being is Chairman of the Medical Advisory Council appointed pursuant to section 17(1);
S. 9(1)(c)
amended by No. 97/1997
s. 11(1).
(c) six shall be appointed by the Synod after consultation with the Board of Management; and
(d) three shall be appointed by the Board of Management.
(2) The members of the Board of Management other than the Chief Executive Officer and the Chairman of the Medical Advisory Council shall be appointed for a term of three years and subject to subsection (3) shall be eligible for re-appointment.
S. 9(3)
substituted by No. 97/1997
s. 11(2).
(3) A member of the Board of Management other than a Chief Executive Officer appointed under section 14, who, immediately before an Annual General Meeting of the Board, has been a member for more than 9 consecutive years is not eligible to continue to be a member after the conclusion of the meeting unless—
(a) the Board, by resolution made at the Annual General Meeting or at a meeting held not more than 6 weeks before the Annual General Meeting, has resolved that the member is eligible to continue; and
(b) the member did not vote on that resolution.
S. 9(4) repealed by No.
42/1995
s. 224(Sch. 2 item 16).
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(5) The office of a member of the Board of Management shall become vacant if the member—
S. 9(5)(a)
amended by No. 97/1997
s. 11(3)(a)(b).
(a) resigns his or her office by writing under his or her hand delivered to the President or Deputy President;
S. 9(5)(b)
amended by No. 97/1997
s. 11(3)(a).
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her estate for the benefit of his or her creditors;
S. 9(5)(c)
substituted by No. 97/1997
s. 11(3)(c).
(c) in the opinion of the Board, is of unsound mind;
S. 9(5)(ca)
inserted by No. 97/1997
s. 11(3)(c).
(ca) becomes ineligible to continue as a member by reason of subsection (3); or
(d) is absent from three consecutive meetings of the Board of Management without the consent of the Board of Management.
(6) Casual vacancies on the Board shall be filled—
S. 9(6)(a)
amended by No. 97/1997
s. 11(4).
(a) by the Synod after consultation with the Board of Management if the vacating member was appointed by the Synod;
(b) by the Board if the vacating member was appointed by the Board.
(7) A person appointed to fill a casual vacancy shall hold office for the expiration of the term of the member in respect of whom the casual vacancy occurred and shall be eligible for re-appointment.
S. 9(8)
repealed by
No. 97/1997
s. 11(5).
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(9) Notwithstanding anything to the contrary in this section, the Board of Management as first constituted shall consist of eleven persons appointed by the Hospital Board of Epworth Hospital of whom—
(a) three (who shall be selected by the Board of Management at its first meeting by agreement or in default of agreement by lot) shall retire at the expiration of one year after their appointment;
(b) three (who shall be selected by the Board of Management at its first meeting by agreement or in default of agreement by lot) shall retire at the expiration of two years after their appointment; and
(c) the remainder shall retire at the expiration of three years after their appointment—
and each vacancy occurring by reason of the retirement of members pursuant to this subsection shall be filled in accordance with subsection (1).