Western Australian Current Regulations Western Australian Current Regulations[r. 8]
In this
Schedule —
meeting means a meeting of the Board.
(1) Subject to
subclause (2) and clause 3, a member holds office for such term, not
exceeding 3 years, as is specified in the member’s instrument of
appointment, and is eligible for reappointment.
(2) If a
member’s term expires without a person having been appointed to fill the
vacancy, the member continues in office until any of the following
occurs —
(a) the
office of the member becomes vacant under clause 3(1);
(b) a
person is appointed to fill the vacancy;
(c) a
period of 6 months elapses after the expiry of the term of office.
[Clause 2 amended: Gazette 9 Apr 2019
p. 1060.]
3 . Vacancies, when they occur
(1) The office of a
member becomes vacant if the member —
(a)
resigns the office by written notice delivered to the Minister; or
(b)
becomes ineligible to hold office as a member; or
(c) is
an insolvent under administration, as that term is defined in the
Corporations Act 2001 of the Commonwealth; or
(d) is
removed from office by the Minister under subclause (2).
(2) The Minister may
remove a member from office if the Minister is satisfied that the
member —
(a) has
neglected the member’s duty; or
(b) has
misbehaved; or
(c) is
incompetent; or
(d) is
suffering from mental or physical incapacity, other than temporary illness,
impairing the performance of the member’s functions; or
(e) has
been absent, without leave and reasonable excuse, from 3 consecutive
meetings of which the member has had notice.
[Clause 3 amended: Gazette
28 Sep 2001 p. 5357‑8.]
4 . Alternate members, appointment of etc.
(1) The Minister may
appoint a person (an alternate member ) to act temporarily in the place of a
member, other than the chairperson, when the member is unable to act because
of illness, absence or other cause.
(2) In appointing an
alternate member, the Minister is, as far as is practicable, to follow the
procedure that applied under regulation 5 in relation to the appointment
of the member in whose place the alternate member is to act.
(3) While acting in
accordance with the appointment the alternate member is to be taken to be a
member.
(4) The appointment of
an alternate member may be terminated at any time by the Minister.
(5) An act or omission
of an alternate member cannot be questioned on the ground that the occasion
for the appointment or acting had not arisen or had ceased.
The Board may grant
leave of absence to a member on the terms and conditions that it thinks fit.
(1) The chairperson,
or in the absence of the chairperson the deputy chairperson, is to preside at
all meetings at which he or she is present.
(2) If both the
chairperson and the deputy chairperson are absent from a meeting, the members
present are to appoint one of their number to preside.
(3) The procedure for
the calling of meetings and for the conduct of business at meetings is,
subject to these regulations, to be determined by the Board.
A quorum for a meeting
is 4 members.
[Clause 7 amended: Gazette
1 Jun 2004 p. 1911.]
(1) At a meeting each
member present has a deliberative vote.
(2) If the votes of
the members present at a meeting are equally divided, the chairperson, deputy
chairperson or other member presiding is to have a casting vote.
(3) A decision
supported by a majority of the votes cast at a meeting at which a quorum is
present is the decision of the Board.
9 . Resolutions may be passed without meeting
A resolution in
writing signed by each member, or assented to by each member by letter,
facsimile transmission or other written means, has the same effect as if it
had been passed at a meeting.
10 . Holding meetings remotely
The presence of a
member at a meeting need not be by attendance in person but may be by that
member and each other member at the meeting being simultaneously in contact by
telephone or other means of instantaneous communication.