Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 127

Appointment of Board members

             (1)  The Board members are to be appointed by the Minister, by written instrument, on a part-time basis.

             (2)  A person is eligible for appointment as a Board member only if the Minister is satisfied that the person is a person with disability, is a person that has lived experience with disability or is a person that has skills, experience or knowledge in at least one of the following fields:

                     (a)  the provision or use of disability services;

                     (b)  the operation of insurance schemes, compensation schemes or schemes with long-term liabilities;

                     (c)  financial management;

                     (d)  corporate governance.

Procedures relating to appointment

             (3)  The Minister must consult the host jurisdictions about the appointment of the Chair.

             (4)  Before the Minister appoints a Board member other than the Chair, the Minister must:

                     (a)  seek the support of all the host jurisdictions for the appointment; and

                     (b)  be satisfied that the appointment is supported by:

                              (i)  the Commonwealth; and

                             (ii)  a majority of the group consisting of the Commonwealth and the host jurisdictions.

          (4A)  The Minister must give a notice (the original notice ) in writing to one host jurisdiction Minister for each host jurisdiction seeking the agreement of that host jurisdiction to the appointment covered by subsection (4) and requesting the agreement be given before the end of 28 days beginning on the day the notice is given.

          (4B)  If, immediately before the end of that 28-day period:

                     (a)  no host jurisdiction Minister for a host jurisdiction has informed the Minister whether that host jurisdiction agrees to the appointment; and

                     (b)  no host jurisdiction Minister for that host jurisdiction has made a request under subsection (4C);

then, at the end of that period, that host jurisdiction is taken to have agreed to the appointment.

          (4C)  If, before the end of that 28-day period, a host jurisdiction Minister for a host jurisdiction gives a notice in writing to the Minister requesting a longer period within which that host jurisdiction may agree to the appointment:

                     (a)  that host jurisdiction may give that agreement before the end of 90 days beginning on the day the original notice was given; and

                     (b)  if, immediately before the end of that 90-day period, no host jurisdiction Minister for that host jurisdiction has informed the Minister whether that host jurisdiction agrees to the appointment, then, at the end of that period, that host jurisdiction is taken to have so agreed.

          (4D)  Despite subsection (4), the Minister may appoint a person as a Board member other than the Chair if:

                     (a)  the appointment is not supported by a majority of the group consisting of the Commonwealth and the host jurisdictions; and

                     (b)  the period of 90 days beginning on the day the first notice was given under subsection (4A) in relation to that appointment has ended.

Persons ineligible for appointment

             (5)  Despite subsection (2), a person is not eligible for appointment as a Board member if the person is:

                     (a)  a member (however described) of:

                              (i)  the Parliament of the Commonwealth or a State; or

                             (ii)  the legislature of a Territory; or

                            (iii)  a local government authority; or

                     (b)  an employee of the Commonwealth, a State, a Territory or a local government authority; or

                     (c)  the holder of a full-time office under a law of the Commonwealth, a State or a Territory.

Board members to have appropriate balance of characteristics

             (6)  In appointing the Board members, the Minister must ensure that the Board members collectively possess an appropriate balance of characteristics mentioned in subsection (2).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback