South Australian Consolidated Acts

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EDUCATION ACT 1972 - SECT 46

46—Terms and conditions on which members of Appeal Board hold office

        (1)         Subject to this Act, a member of the Appeal Board shall be appointed for such term of office, not exceeding three years, as the Governor may determine and specifies in the instrument of his appointment and, upon the expiration of his term of office, he shall be eligible for reappointment.

        (2)         The Governor may appoint a suitable person to be a temporary member of the Appeal Board for any period not exceeding six months, and any such temporary member shall be entitled to act as a member of the Board where there is a vacancy in its membership or where a member of the Board is unable, or fails, for any reason, to act in his capacity as such.

        (3)         The Governor may remove a member of the Appeal Board from office for—

            (a)         mental or physical incapacity to perform satisfactorily the duties of the office; or

            (b)         neglect of duty; or

            (c)         dishonourable conduct; or

            (d)         any other cause considered sufficient by the Governor.

        (4)         The office of a member of the Appeal Board shall become vacant if—

            (a)         he dies; or

            (b)         his term of office expires; or

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

            (d)         he is removed from office by the Governor pursuant to subsection (3).

        (5)         Upon the office of a member of the Appeal Board becoming vacant, a person shall be appointed in accordance with this Act to the vacant office but, where the office of a member of the Board becomes vacant before the expiration of the term for which he was appointed, a person appointed in his place shall be appointed only for the balance of the term of his predecessor.

        (6)         This section does not apply in relation to presiding members of the Appeal Board.



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