South Australian Consolidated Acts South Australian Consolidated Acts (1)
The Executive Board may, by resolution passed by at least a two-thirds
majority, remove a member of the Executive Board from office if the
member—
(a)
becomes physically or mentally incapable of carrying out official duties
satisfactorily; or
(b)
fails to comply with a duty imposed under section 12B, 12C, 12D or 12F;
or
(c) is
absent, without leave of the Executive Board, from 3 or more consecutive
meetings (the first of which having been held 3 months or more before the
last); or
(d)
engages in serious misconduct.
(2) The office of a
member of the Executive Board becomes vacant if the member—
(a)
dies; or
(b)
completes a term of office and is not re-elected or reappointed; or
(c)
resigns by notice in writing addressed to the Chairperson; or
(d) is
sentenced to imprisonment for an offence; or
(e) is
disqualified from managing corporations under Chapter 2D Part 2D.6 of the
Corporations Act 2001 of the Commonwealth; or
(f) is
appointed to the office of Director of Administration or General Manager or is
employed by A n angu Pitjantjatjara Yankunytjatjara; or
(g) is
removed from office by the Executive Board under subsection (1).
(3)
Subsection (2)(d) does not apply until the period for appealing against
the conviction has expired or, if an appeal is lodged within that period,
until the appeal is finalised.
(4) The Minister may
direct the Executive Board to remove a member from office who—
(a) has
failed to comply with a duty imposed under section 12B, 12C, 12D or 12F;
or
(b) has
failed to attend 6 or more consecutive meetings of the Executive Board (the
first of which having been held 6 months or more before the last).
(5) If a casual
vacancy occurs in the office of a member, a supplementary election must,
subject to subsection (7), be held in the electorate from which the
member was elected to fill the vacant office.
(6) A supplementary
election in the electorate from which the member was elected—
(a) must
be held as soon as possible after the vacancy occurs; and
(b) must
be conducted in accordance with Schedule 3 (with such modifications as the
Electoral Commissioner thinks fit) as if the election were an election under
section 9.
(7) If—
(a) no
person nominates for a supplementary election; or
(b) a
casual vacancy occurs during the period of 6 months preceding the date on or
before which an election must be held under section 9,
then the Executive Board may appoint a suitable A n angu from the electorate
from which the member was elected to fill the vacant office.
(8) Subject to the
provisions of the constitution relating to casual vacancies, a person elected
or appointed to fill a casual vacancy will hold office for the balance of the
term of the person's predecessor.