Commonwealth Consolidated Acts

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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 135

Other terms and conditions of Board members

             (1)  A Board member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

             (2)  Before the Minister determines terms and conditions on which a Board member holds office, the Minister must be satisfied that the Commonwealth and a majority of host jurisdictions agree to the terms and conditions.

Process for seeking agreement

             (3)  The Minister must:

                     (a)  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 terms and conditions and requesting the agreement be given before the end of 28 days beginning on the day the notice is given; and

                     (b)  provide a copy of the proposed terms and conditions to that host jurisdiction Minister.

             (4)  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 terms and conditions; and

                     (b)  no host jurisdiction Minister for that host jurisdiction has made a request under subsection (5);

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

             (5)  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 terms and conditions:

                     (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 terms and conditions, then, at the end of that period, that host jurisdiction is taken to have so agreed.



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