262F—Establishment and constitution
(1) The
Behavioural Standards Panel is established.
(2) The Panel—
(a) is a
body corporate; and
(b) has
perpetual succession and a common seal; and
(c) is
capable of suing and being sued in its corporate name; and
(d) has
all the powers of a natural person that are capable of being exercised by a
body corporate and, in particular, has all the powers necessary or expedient
for, or incidental to, the performance of its functions.
(3) The Panel consists
of the following members appointed by the Governor—
(a) a
member nominated jointly by the Minister and the LGA to be the presiding
member of the Panel; and
(b) a
member nominated by the Minister; and
(c) a
member nominated by the LGA.
(4) A member or
employee of a council cannot be appointed as a member of the Panel.
(5) The Minister and
the LGA must, when nominating persons for appointment as members of the Panel,
seek to ensure that, as far as is practicable, the members of the Panel
collectively have qualifications, knowledge, expertise and experience in the
following areas:
(a)
local government or public administration;
(b) law;
(c)
administrative or disciplinary investigation;
(d)
industrial relations;
(e)
dispute resolution, conflict management, human resource management or
organisational psychology.
(6) In addition,
before nominating a person for appointment as a member of the Panel, the
Minister (in the case of the presiding member or the member nominated by the
Minister) or the LGA (in the case of the member nominated by the LGA) must
ensure that a registered industrial association that represents the interests
of employees of councils specified by the Minister by notice in the Gazette is
consulted on the proposed nomination.