Tasmanian Consolidated Acts

DISABILITY SERVICES ACT 1992 - SCHEDULE 4

SCHEDULE 4 - Provisions with Respect to Members of Ethics Committee

Section 9

1. Interpretation

In this Schedule, "member" means a member of the Ethics Committee.

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.

3. Provisions relating to members

If, by or under any Act, provision is made requiring the holder of an office to devote the whole or his or her time to the duties of that office, that provision does not operate to disqualify the person from –

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

(b) accepting any remuneration payable to a member.

4. Remuneration of members

A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.

5. 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) or (4).

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

(a) is absent from 4 consecutive meetings of the Ethics Committee 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 an offence punishable by imprisonment for 12 months or longer; or

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

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

(a) that the member is unable to perform adequately or competently the duties of office; or

(b) that the member is no longer qualified to be a member of the Ethics Committee.

6. 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.

7. Validity of proceedings, &c.

      (1) Any act of proceedings of the Ethics Committee or of any person acting under any direction of the Ethics Committee is not invalidated 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 Ethics Committee or of any person acting under any direction of the Ethics Committee are, notwithstanding the subsequent discovery of any defect in the appointment of any member or deputy or that any person was disqualified from acting as, or incapable of being, a member or deputy, as valid as if the member or deputy had been duly appointed and was qualified to act as, or capable of being, a member or deputy, and as if the Ethics Committee had been fully constituted.

8. Presumptions

In any proceedings by or against the Ethics Committee, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Ethics Committee; or

(b) any resolution of the Ethics Committee; or

(c) the appointment of any member.