SCHEDULE 6 - Provisions with respect to membership of tribunal

Section 610(4)

1.    Interpretation

In this Schedule –

member means a member of the Tribunal and includes the chairperson or deputy chairperson of the Tribunal.

2.    Term of office

A member is to be appointed for such term, not exceeding 3 years, as is specified in the instrument of appointment and is eligible for reappointment.

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 the office is not disqualified from –

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

(b) accepting and retaining 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

(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 he or she –

(a) dies; or

(b) resigns by written notice addressed to the judges; 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 judges may only remove a member from office if the member –

(a) 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

(b) is convicted, in Tasmania or elsewhere, of a crime or offence punishable by imprisonment for a term of 12 months or longer; or

(c) fails, without reasonable excuse, to comply with the member's obligations under clause 8 ; or

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

(3) The judges may remove a member from office if they are satisfied that the member is unable to perform adequately or competently the duties of office.

(4) A member referred to in section 610(2)(a) (Disciplinary Tribunal) vacates office if he or she ceases to be eligible for appointment.

7.    Filling of casual vacancies

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

8.    Disclosure of interests

(1) If a member has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member's functions in relation to a matter being heard, or about to be heard, by the Tribunal, the member must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest to the Tribunal.

(2) Unless the Tribunal otherwise determines, a member who has made a disclosure under subclause (1) in relation to a matter must not –

(a) be present during any deliberation of the Tribunal in relation to the matter; or

(b) take part in any decision of the Tribunal in relation to the matter.

(3) For the purposes of the making by the Tribunal of a determination under subclause (2) , the member to whom the determination relates must not –

(a) be present during any deliberation of the Tribunal for the purpose of making the determination; or

(b) take part in making the determination.

9.    Validity of proceedings

(1) An act or proceeding of the Tribunal or of a person acting under the direction of the Tribunal 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 Tribunal.

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

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

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

10.    Presumptions

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

(a) the constitution of the Tribunal; or

(b) the appointment of any member.