Western Australian Current Acts Western Australian Current Acts[s. 105]
[Heading inserted: No. 41 of 2006 s. 68.]
In this Schedule
—
member means a member of the Board.
[Clause 1 inserted: No. 41 of 2006 s. 68.]
(1) A member appointed
by the Governor is a member for the period (not more than 5 years) specified
in the instrument of appointment, but is eligible for reappointment.
(2) If a person who is
a judge is appointed as the chairperson —
(a) the
person’s service as the chairperson is to be taken for all purposes to
be service in the person’s office of judge; and
(b) the
person’s appointment does not prevent the person from performing the
functions of the person’s office of judge.
(3) The office of a
deputy chairperson or a community member is to be held on a full-time basis,
part-time basis or sessional basis.
(4) The office of a
member appointed by the CEO or the Commissioner of Police is to be held in
conjunction with the member’s employment in the Public Sector or
appointment as a police officer, as the case may be.
(5) The chairperson,
if a judge, ceases to be a member by resignation under clause 3, or on ceasing
to be a judge.
(6) The chairperson,
if a retired judge, ceases to be a member by resignation under clause 3, or
when the chairperson’s appointment is terminated under clause 4.
(7) A member appointed
by the CEO ceases to be a member by resignation under clause 3, or on ceasing
to be an officer of the Public Sector agency of which the CEO is the chief
executive officer, or when the CEO cancels the appointment, or when the
member’s appointment is terminated under clause 4.
(8) A member appointed
by the Commissioner of Police ceases to be a member by resignation under
clause 3, or on ceasing to be a police officer, or when the Commissioner
cancels the appointment, or when the member’s appointment is terminated
under clause 4.
[Clause 2 inserted: No. 41 of 2006 s. 68.]
(1) A member appointed
by the Governor may resign by giving the Minister a signed letter of
resignation.
(2) A member appointed
by the CEO may resign by giving the CEO a signed letter of resignation.
(3) A member appointed
by the Commissioner of Police may resign by giving the Commissioner a signed
letter of resignation.
(4) A resignation has
effect when it is received by the relevant person or at such later date as it
specifies.
[Clause 3 inserted: No. 41 of 2006 s. 68.]
(1) For the purposes
of this clause, grounds to terminate the appointment of a member exist if the
member —
(a) has
been convicted of an indictable offence or an offence committed under the law
of another place that would, if it had been committed in this State, be an
indictable offence; or
(b) is
incapable of performing the functions of a member; or
(c) has
neglected without a reasonable cause to perform the functions of a member; or
(d) has
been negligent or careless in performing the functions of a member; or
(e) is
unfit to be a member due to misconduct.
(2) The Governor, on
the recommendation of the Minister, may terminate the appointment of a member
appointed by the Governor, other than a member who is a judge, if grounds to
terminate the appointment exist.
(3) The Minister may
terminate the appointment of a member, other than a member appointed by the
Governor, if grounds to terminate the appointment exist.
(4) Subclause (3) does
not affect the power under clause 2(7) or (8) of the CEO or the Commissioner
of Police, as the case may be, to cancel an appointment.
[Clause 4 inserted: No. 41 of 2006 s. 68.]
(1A) This clause does
not apply in relation to a meeting of the Board held for the purposes of Part
5 Division 1B or section 67A.
(1) The chairperson is
to decide when and where the Board meets.
(2) The Board,
constituted in accordance with this clause, may meet and perform its functions
even if at the same time the Board, constituted in accordance with this clause
but by different individuals, is also meeting and performing the Board’s
functions.
(3) At a meeting of
the Board the chairperson or a deputy chairperson is to preside.
(4) At a meeting of
the Board —
(a) a
quorum consists of 3 members as follows —
(i)
the chairperson or a deputy chairperson;
(ii)
one community member;
(iii)
one of the persons appointed under section 103(1)(d) or
(e);
and
(b)
questions arising are to be determined by a majority of the members present
and voting; and
(c) if
there is a tie in voting, the presiding member has a second vote.
(5) Any question of
law that arises at a meeting of the Board must be decided by the chairperson
or, if the chairperson is not at the meeting, referred to the chairperson to
decide.
(6) The Board may, if
it thinks fit, conduct a meeting at which all or some members participate by
telephone or other similar means, but any member who speaks on a matter at the
meeting must be able to be heard by the other members at the meeting.
(7) Subject to this
clause the chairperson is to determine the procedure for convening and
conducting meetings of the Board.
[Clause 5 inserted: No. 41 of 2006 s. 68; amended:
No. 14 of 2022 s. 28.]
(1) Members appointed
by the Governor, other than a member who is a judge, are entitled to the
remuneration and allowances set by the Governor from time to time on the
recommendation of the Public Sector Commissioner.
(2) Any remuneration
and allowances paid to a member who is a retired judge do not affect the
member’s entitlements under the Judges’ Salaries and Pensions Act
1950 .
(3) The other
conditions of service of members appointed by the Governor are to be
determined by the Governor from time to time.
[Clause 6 inserted: No. 41 of 2006 s. 68; amended:
No. 39 of 2010 s. 89.]
The Minister may grant
leave of absence to a member on such conditions as the Minister determines.
[Clause 7 inserted: No. 41 of 2006 s. 68.]