Western Australian Current Acts Western Australian Current Acts[s. 6(1)]
[Heading amended: No. 19 of 2010 s. 4.]
1 . Certain persons ineligible for appointment
A person is not
eligible to be appointed as a trustee if the person is, according to the
Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are
under insolvency laws.
[Clause 1 inserted: No. 42 of 1997 s. 8; amended:
No. 18 of 2009 s. 92(2).]
2 . Nomination for appointment
When a vacancy under
section 5(1)(c)(ii) is to be filled the Minister shall request The University
of Western Australia to nominate a member of its staff for appointment and if
a nomination is received within the time specified by the Minister in his
request the vacancy shall be filled in accordance with that nomination.
(1) Except as
otherwise provided by this Act a trustee shall hold office for such term not
exceeding 3 years as is specified in his instrument of appointment and is
eligible for reappointment.
(2) A trustee, unless
he sooner resigns or is removed from office, shall continue in office until
his successor comes into office notwithstanding that the term for which he was
appointed may have expired.
The office of a
trustee becomes vacant if —
(a) he
resigns his office by written notice addressed to the Minister; or
(b) he
is, according to the Interpretation Act 1984 section 13D, a bankrupt or a
person whose affairs are under insolvency laws; or
(c) he
is removed from office by the Minister on the grounds of neglect of duty,
misbehaviour, incompetence or mental or physical incapacity impairing the
performance of his duties; or
(d)
being a trustee appointed under section 5(1)(c)(i), he ceases to be an officer
of the public service of the State; or
(e)
being the trustee appointed under section 5(1)(c)(ii), he ceases to be a
member of the staff of The University of Western Australia; or
(f) he
is absent without leave of the board from 3 consecutive meetings of the board
of which he has had notice.
[Clause 4 amended: No. 18 of 2009 s. 92(3).]
(1) The chairman of
the board shall be such trustee as the Minister nominates as its chairman.
(2) The office of the
chairman of the board becomes vacant when the nomination of the next
succeeding chairman takes effect or when the chairman ceases to be a trustee,
or when the chairman resigns that office by written notice addressed to the
Minister, whichever first occurs.
(1) In the case of the
illness or absence of any trustee, the Minister may appoint a person as a
deputy to act in the place of the trustee at any meeting of the board during
that illness or absence.
(2) A deputy appointed
under this clause shall, while acting in place of a trustee, be deemed to be a
trustee.
(3) No act or omission
of a person acting in place of another under this clause shall be questioned
on the ground that the occasion for his appointment or acting had not risen or
had ceased.
7 . Disclosure of pecuniary interests
(1) A trustee who has
a direct or indirect pecuniary interest —
(a) in a
matter that is being considered, or is about to be considered, at a meeting of
the board; or
(b) in a
thing being done or about to be done by the Trust,
shall, as soon as
possible after the relevant facts have come to the trustee’s knowledge,
disclose the nature of the interest at a meeting of the board.
(2) A disclosure by a
trustee at a meeting of the board that the trustee —
(a) is a
member, or is in the employment, of a specified company or other body; or
(b) is a
partner, or is in the employment, of a specified person; or
(c) has
some other specified interest relating to a specified company or other body or
a specified person,
shall be deemed to be
a sufficient disclosure of the nature of the interest in any matter or thing
relating to that company or other body or that person which may arise after
the date of the disclosure.
(3) The chairman of
the board shall cause particulars of any disclosure made under subclause (1)
or (2) to be recorded in a book kept for the purpose and that book shall be
open at reasonable hours to the inspection of any person on payment of such
fee as may be determined by the Trust from time to time.
(4) After a trustee
has, or is deemed to have, disclosed the nature of an interest in any matter
or thing pursuant to subclause (1) or (2), the trustee shall not, unless the
Minister otherwise determines —
(a) be
present during any deliberation of the board, or take part in any decision of
the board, with respect to that matter; or
(b)
exercise any functions under this Act with respect to that thing,
as the case may
require.
(5) Notwithstanding
that a trustee contravenes the provisions of this clause, that contravention
does not invalidate any decision of the Trust or the performance of any
function under this Act.
(6) A reference in
this clause to a meeting of the board includes a reference to a meeting of a
committee of the Trust.
(7) A failure to
comply with or a contravention of this clause shall be deemed to constitute
misbehaviour for the purposes of clause 4(c).
The common seal of the
Trust shall be kept by the general manager.