(1) The members of the
Commission shall be appointed by the Governor and shall consist of —
(a) a
Chairman appointed on the nomination of the Minister; and
(b) one
person appointed as a member and Deputy Chairman who is an officer of the
Department, nominated by the chief executive officer 2 of that Department and
approved by the Minister; and
(c) 3
other members appointed on the nomination of the Minister of whom —
(i)
one shall be a person selected by the Minister from a
panel of names submitted by WALGA representing local government districts that
are in the metropolitan area; and
(ii)
one shall be a person selected by the Minister from a
panel of names submitted by WALGA representing local government districts that
are shires and are not in the metropolitan area; and
(iii)
one shall be a person selected by the Minister from a
panel of names submitted by WALGA representing local government districts that
are cities or towns and are not in the metropolitan area.
(1a) Terms used in
subsection (1)(c) have the same meanings as in the Local Government Act 1995 .
(2) A panel of names
referred to in subsection (1)(c) —
(a)
shall be submitted in writing to the Minister at his request;
(b)
shall contain the names of at least 3 persons each of whom is willing to
accept appointment as a member.
(2a) If a panel of
names is not submitted in writing under subsection (1)(c)(i), (ii) or (iii) to
the Minister in accordance with the invitation of the Minister, the Minister
may nominate any eligible person for appointment and that person may be
appointed as if selected from a panel as required.
(3) The Governor may
appoint a person as the deputy of a member other than the Chairman.
(4) The provisions of
subsections (1) and (2) that apply to and in relation to the appointment of a
member apply, with any necessary modification, to and in relation to the
appointment of the deputy of that member.
(5) Subject to
subsection (7) a person appointed pursuant to subsection (3) is, in the event
of the absence from a meeting of the Commission of the member of whom he is
the deputy, entitled to attend that meeting and, when so attending, is deemed
to be a member and has all the powers, functions and duties of a member.
(6) Subject to
subsection (7), if at any time the office of a member becomes vacant before
his term of office expires, the person who was at that time the deputy of that
member is, until the office of member is filled by the appointment of another
member, deemed to be a member and has all the powers, functions and duties of
a member.
(7) A person appointed
pursuant to subsection (3) as the deputy of the member appointed under
subsection (1)(b) is —
(a) in
the event of the absence from a meeting of the Commission of that member,
entitled to attend that meeting, and when so attending is deemed to be a
member; and
(b) in
the event that the office of that member becomes vacant before his term of
office expires until the office of the member is filled by the appointment of
another member, deemed to be a member,
and while so attending
or acting has all the powers, functions and duties of that member other than
his powers, functions and duties as Deputy Chairman.
[Section 5 amended: No. 56 of 1985 s. 4; No. 49 of
2004 s. 13; No. 28 of 2006 s. 367.]