Western Australian Current Acts Western Australian Current Acts[s. 8(2)]
(1) Before making a
nomination under section 8(1)(a) the Treasurer is to consult with unions or
associations of unions that appear to the Treasurer to be broadly
representative of persons who work for Employers.
(2) The Treasurer must
not nominate as chairman a person who is an officer or employee of the Board.
[Clause 1 amended: No. 35 of 2011 s. 31.]
2 . Deputy chairman, appointment of etc.
(1) The Governor may
from time to time appoint a director, nominated by the Treasurer, to be deputy
chairman.
(2) The Treasurer must
not nominate as deputy chairman a person who is an officer or employee of the
Board.
(3) In the absence of
the chairman, the deputy chairman —
(a) is
to act in the place of the chairman; and
(b)
while so acting, has all the functions of, and is taken to be, the chairman.
(4) No act or omission
of a deputy chairman is to be questioned on the ground that the occasion for
the acting had not arisen or had ceased.
[Clause 2 amended: No. 35 of 2011 s. 31.]
3 . Election of member directors
Elections for the
purposes of section 8(1)(c) are to be held —
(a)
during the 6 months preceding the expiry of the term of office of the current
directors elected under section 8(1)(c); or
(b) in
the case of an election to fill a casual vacancy, not later than 60 days after
the vacancy occurs.
(1) The term for which
a person is appointed to be the chairman or is appointed under section 8(1)(b)
to be a director is to be fixed in the instrument of appointment and is not to
be longer than 5 years.
(2) The term for which
a director is elected under section 8(1)(c) is 3 years.
(3) A person’s
eligibility for appointment or election as a director is not affected by the
person having been a director before.
All directors hold
their offices on a part-time basis.
(1) A casual vacancy
in the office of a director occurs if the director —
(a)
dies; or
(b)
resigns by notice to the Treasurer; or
(c) is
an insolvent under administration as defined in the Corporations Act ; or
(d) is
removed from office by the Treasurer under subclause (2).
(2) The Treasurer may
remove a director from office if the Treasurer is satisfied that the director
—
(a) has
neglected his or her duty; or
(b) has
misbehaved; or
(c) is
incompetent; or
(d) has
contravened clause 10 or 11 of Schedule 2; or
(e) is
suffering from mental or physical incapacity impairing the performance of his
or her functions under this Act; or
(f) is
absent from 4 consecutive meetings of the Board of which he or she has been
given reasonable notice, unless he or she is absent on leave granted by the
Board; or
(g) has
been convicted of an offence involving dishonest conduct.
(3) If a casual
vacancy occurs in the office of a director elected under section 8(1)(c), the
Treasurer may appoint a Member to fill the vacancy until a new director is
elected.
(4) Before appointing
a person under subclause (3) the Treasurer is to consult with unions or
associations of unions that appear to the Treasurer to be broadly
representative of persons who work for Employers.
[Clause 6 amended: No. 10 of 2001 s. 220; No. 25
of 2007 s. 6(6), 17 and 19(2); No. 35 of 2011 s. 29 and 31.]
7 . Remuneration and allowances
A director is entitled
to the remuneration and allowances determined by the Treasurer on the
recommendation of the Public Sector Commissioner.
[Clause 7 amended: No. 39 of 2010 s. 89; No. 35 of
2011 s. 38.]