South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (OVERSIGHT AND ADVOCACY BODIES) ACT 2016 - SECT 47

47—Terms and conditions of membership

        (1)         Subject to this section, a member of the Council will hold office on conditions, and for a term (not exceeding 2 years), determined by the Minister and specified in the instrument of appointment and is, at the expiration of a term of office, eligible for reappointment.

        (2)         The office of a member becomes vacant if the member—

            (a)         dies; or

            (b)         completes a term of office and is not reappointed; or

            (c)         resigns by written notice to the Minister; or

            (d)         is convicted of—

                  (i)         an indictable offence against the law of this State; or

                  (ii)         an offence against the law of this State that is punishable by imprisonment for a term of at least 12 months; or

                  (iii)         an offence against the law of another jurisdiction that, if committed in this State, would be an offence of a kind referred to in a preceding paragraph; or

            (e)         is sentenced to imprisonment for an offence (whether against a law of this State or another jurisdiction); or

            (f)         becomes a prohibited person within the meaning of the Child Safety (Prohibited Persons) Act 2016 ; or

            (g)         is removed from office by the Minister under subsection (3).

        (3)         The Minister may remove a member from office—

            (a)         for misconduct or conduct that may bring the Council into disrepute; or

            (b)         for breach of, or non-compliance with, a condition of appointment; or

            (c)         if the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or

            (d)         if the member has been disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or

            (e)         if the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily; or

            (f)         for incompetence or neglecting the duties of the position; or

            (g)         any other reason the Minister thinks fit.

        (4)         An act or proceeding of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.