SCHEDULE 4 - Provisions with respect to members of Board of Legal Education

Section 605(4)

1.    Interpretation

In this Schedule –

deputy means a person appointed as a deputy under clause 6 ;

member means a member of the Board of Legal Education.

2.    Term of office

A member is to be appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment and may be reappointed.

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 member or deputy; or

(b) accepting any remuneration payable to a member or deputy.

4.    State Service Act 2000

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

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

5.    Remuneration of members

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

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

6.    Appointment of deputy

(1) A member, with the approval of the Minister, may appoint another person to be the deputy of that member.

(2) A deputy appointed under subclause (1) holds office for such period as the Minister may determine.

(3) All things done or omitted to be done by a deputy while acting in the office of a member are as valid and have the same consequences as if they had been done or omitted to be done by that member.

7.    Vacation of office

(1) A member may resign from office by written notice addressed to the Minister.

(2) A member vacates office if he or she –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (3) , (4) or (5) .

(3) The Minister may remove a member from office if the member –

(a) is absent from 3 consecutive meetings of the Board of Legal Education without the permission of the Minister; 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 12 months or longer; or

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

(4) The Minister may remove a member or deputy from office if the Minister is satisfied that the member or deputy is unable to perform adequately or competently the duties of office.

(5) The Minister may remove a member from office if –

(a) the Minister is satisfied, having regard to the information supplied by the person who, or the body which, nominated that member, that the member is no longer qualified to be a member of the Board of Legal Education; or

(b) that person or body recommends the removal of that member.

(6) The appointment of any deputy of a member terminates if that member vacates office.

8.    Validity of proceedings

(1) An act or proceeding of the Board of Legal Education or of a person acting under the direction of the Board of Legal Education 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 membership of the Board of Legal Education.

(2) An act or proceeding of the Board of Legal Education or of a person acting under the direction of the Board of Legal Education is valid even if –

(a) the appointment of a member was defective; or

(b) a person appointed as a member was disqualified from acting as, or incapable of being, such a member.

9.    Filling of casual vacancies

If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.

10.    Presumptions

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

(a) the constitution of the Board of Legal Education; or

(b) the appointment of any member or deputy.