Commonwealth Numbered Acts

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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 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 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 States and Territories 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 States and Territories for the appointment; and

                     (b)  be satisfied that the appointment is supported by the Commonwealth, States and Territories.

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

                     (a)  the Minister sought under that subsection the support of the States and Territories for an appointment (the proposed appointment ) of the person as a Board member; and

                     (b)  90 days have passed since the Minister sought that support; and

                     (c)  the Minister is satisfied that it is not possible to make the proposed appointment in accordance with that subsection or it is not known whether the proposed appointment can be made in accordance with that subsection.

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.

Balance of skills etc.

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



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