SCHEDULE 2 - Provisions with respect to membership of Board

Section 590(4)

1.    Interpretation

In this Schedule –

member means a member of the Board, and includes the chairperson of the Board.

2.    Term of office

(1) A member is appointed for such term, not exceeding 5 years, as is specified in the member's instrument of appointment.

(2) A member may serve any number of terms but may not serve more than 10 years in succession.

3.    Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

4.    State Service Act 2000

(1) The State Service Act 2000 does not apply in relation to a member in his or her capacity as a member.

(2) A person may hold the office of member in conjunction with State Service employment.

5.    Remuneration of members and conditions of appointment

(1) A member is entitled to be paid such remuneration and allowances as the Minister determines.

(2) A member who is a State Service employee or State Service officer is not entitled to remuneration or allowances under subclause (1) except with the approval of the Minister administering the State Service Act 2000 .

(3) A member holds office on such conditions in relation to matters not provided for by this Act as are specified in the member's instrument of appointment.

6.    Vacation of office

(1) A member vacates office if the member –

(a) dies; or

(b) resigns by written notice addressed to the Minister; or

(c) is removed from office under subclause (2) or (3) ; or

(d) ceases to be qualified for office by virtue of subclause (4) .

(2) The Governor may remove a member from office if the member –

(a) is absent from 3 consecutive meetings of the Board without the permission of the Board; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(c) is convicted, in Tasmania or elsewhere, of a crime or offence punishable by imprisonment for a term of 3 months or longer; or

(d) fails, without reasonable excuse, to comply with the member's obligation under clause 7 (Disclosure of interests) of Schedule 1 or 3 ; or

(e) is convicted of an offence against this Act.

(3) The Governor may remove a member from office if satisfied that the member is unable to perform, or is not performing adequately or competently, the duties of the office.

(4) A member referred to in section 590(1) (Membership of Board) vacates office if he or she ceases to be eligible for appointment.

7.    Chairperson may resign but remain a member

The chairperson of the Board may resign from that office but remain a member.

8.    Filling of casual vacancies

If the office of –

(a) a member referred to in section 590(1)(a) becomes vacant, the Minister is to appoint a local legal practitioner nominated by the Law Society to the vacant office for the remainder of that member's term of office; or

(b) a member referred to in section 590(1)(b) becomes vacant, the Minister is to appoint a local legal practitioner nominated by the Tasmanian Bar to the vacant office for the remainder of that member's term of office; or

(c) a member referred to in section 590(1)(c) becomes vacant, the Minister may appoint a local legal practitioner to the vacant office for the remainder of that member's term of office; or

(d) a member referred to in section 590(1)(d) becomes vacant, the Minister may appoint a lay person who has not completed the degree of Bachelor of Laws or equivalent, either in this State or in another jurisdiction, whether or not combined with any other degree, to the vacant office for the remainder of that member's term of office.

9.    Validity of proceedings, &c.

(1) An act or proceeding of the Board or of a person acting under any direction of the Board is not invalid by reason only that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the office of a member.

(2) All acts and proceedings of the Board or of a person acting under a direction of the Board are, despite the subsequent discovery of a defect in the appointment of a member or that any other person was disqualified from acting as, or was incapable of being, a member, as valid as if the member had been duly appointed and was qualified to act as, or was capable of being, a member, and as if the Board had been fully constituted.

10.    Presumptions

In any proceeding by or against the Board, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Board; or

(b) the appointment of any member.