Tasmanian Consolidated Acts Tasmanian Consolidated ActsSCHEDULE 1 - Membership of Commission
1. Term of office
A Commissioner, other than the Director, holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment and is eligible for re-appointment.
2. Provisions relating to Commissioners
Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of the time to the duties of that office under that Act, that provision shall not operate to disqualify that holder from holding that office and also the office of a Commissioner.
3. Remuneration
A Commissioner is entitled to be paid such remuneration and allowances as the Minister may determine.
4. Vacation of office
(1) The office of a Commissioner, other than the Director, becomes vacant if the Commissioner –
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration or estate for their benefit; or
(b) is absent from 3 consecutive ordinary meetings of the Commission of which reasonable notice has been given, unless the Commissioner is excused by the Minister from attending those meetings; or
(c) becomes unable to perform competently the duties of the office; or
(d) is convicted in Tasmania of a crime or an offence which is punishable by imprisonment for 12 months or more, or is convicted outside Tasmania of an offence which, if committed in Tasmania, would be a crime or an offence so punishable; or
(e) resigns from office and the Minister accepts the resignation; or
(f) is removed from office by the Minister under subclause (2); or
(g) dies during the term of office.
(2) The Minister may remove a Commissioner from office for misbehaviour or incompetence.
5. Filling of casual vacancies
(1) If the office of a Commissioner becomes vacant, the Minister may, subject to subclause (2), appoint a person to the vacant office for the remainder of that Commissioner's term of office.
(2) A person appointed under subclause (1) shall be a person nominated by the person who, or the body, which nominated the Commissioner whose vacant office is to be filled by that appointment.
6. Acting chairperson
(1) The Minister may appoint a Commissioner who is eligible for appointment as chairperson to act in the office of chairperson where –
(a) there is a vacancy in the office, whether or not an appointment has previously been made to the office; or
(b) the chairperson is absent from duty or from the State or is for any reason unable to perform the duties of office.
(2) The Minister may at any time terminate an appointment under this section.
(3) A person appointed to act in the office of chairperson may resign from office by writing delivered to the Minister.
(4) The validity of anything done by a person acting in the office of chairperson shall not be called in question on the ground that the occasion for the appointment had not arisen, that the appointment had ceased to have effect or that the occasion to act had not arisen or had ceased.
7. Validity of proceedings, &c.
(1) Any act or proceeding of the Commission or of any person acting pursuant to any direction of the Commission is not invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Commission.
(2) All acts and proceedings of the Commission or of any person acting pursuant to any direction of the Commission are, notwithstanding the subsequent discovery of any defect in the appointment of any Commissioner or that any person was disqualified from acting as, or incapable of being, a Commissioner, as valid as if the Commissioner had been duly appointed and was qualified to act as, or capable of being, a Commissioner, and as if the Commission had been fully constituted.
8. Presumptions
In any proceedings by or against the Commission, unless evidence is given to the contrary, no proof is required of –
(a) the constitution of the Commission; or
(b) any resolution of the Commission; or
(c) the appointment of any Commissioner; or
(d) the presence of a quorum at any meeting of the Commission.