SCHEDULE 1 - Membership of Local Government Board

Section 4 (7)

1.    Interpretation

In this Schedule –

appointed member means a general member or a review member;

general member means a member of the Board referred to in section 210(2)(a) , (b) or (c) who is appointed by the Minister under section 210(3) ;

review member means a member of the Board appointed under section 210(5A) .

2.    Term and scope of office

(1) A general member is to be appointed for the period of not more than 3 years that is specified in the member's instrument of appointment.

(2) A review member is a member of the Board only in respect of the review specified in the member's instrument of appointment.

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 that office, is not disqualified from –

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

(b) accepting any remuneration payable to an appointed member.

4.    Remuneration of members

An appointed member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister and the member may agree.

5.    Vacation of office

(1) An appointed member may resign from office by written notice addressed to the Minister.

(2) An appointed member vacates office if he or she –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (3) , (4) or (5) .

(3) The Minister may remove an appointed member from office if the member –

(a) being a general member, is absent from 2 consecutive meetings of the Board without the permission of the Board; or

(ab) being a review member, is absent, without the permission of the Board, from 2 consecutive meetings of the Board that relate to the review for the purposes of which the member was appointed; 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) has been convicted, in Tasmania of any crime or offence punishable by imprisonment for 12 months or longer or elsewhere of any crime or offence which if committed in Tasmania would be punishable by imprisonment for 12 months or longer; or

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

(4) The Minister may remove an appointed member from office if satisfied that the member is unable to perform adequately or competently the duties of office.

(5) The Minister may remove an appointed member from office if –

(a) the Minister is satisfied, having regard to the information supplied by the body which nominated that member, that the member is no longer qualified to be a member of the Board; or

(b) the Board recommends the removal of that member.

6.    Filling of vacancies

(1) If the office of a general member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.

(1A) If a review member vacates office, the Minister may appoint a person to the vacant office for the remainder of the review for the purposes of which the member was appointed.

(2) The Minister may appoint a suitable person to act as a substitute for a general member while that member –

(a) in respect of any matter that is subject to a review or advice to the Minister, is excluded from any discussion on that matter because of a declared interest; or

(b) is unable for any reason to perform the functions as such a member; or

(c) is absent for any reason.