SCHEDULE 2A - Membership of Code of Conduct Panel

Section 28K(4)

1.    Interpretation

In this Schedule –

member means a member of the Code of Conduct Panel.

2.    Term of office

(1) A member is to be appointed for a period of not more than 4 years that is specified in the member's instrument of appointment.

(2) If a member becomes a councillor or employee of a council, that member's appointment is terminated.

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 a member; or

(b) accepting any remuneration payable to an appointed member unless the holder's office is the office of a State Service officer or a State Service employee.

4.    State Service Act

(1) A person may hold the office of a member in conjunction with the office of a State Service officer or a State Service employee.

(2) The State Service Act 2000 does not apply to a person referred to in subclause (1) in his or her capacity as a member.

5.    Vacation of office

(1) A member may resign from office by written notice provided 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) .

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

(a) the Minister is satisfied that the member is no longer qualified to be a member of the Code of Conduct Panel; or

(b) the Minister is satisfied that the member is unable, because of absence, illness or any other reason, to perform adequately or completely the duties of the office of a member; or

(c) the member 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

(d) the member has been convicted in Tasmania of any offence punishable by imprisonment for a term of 12 months or longer or elsewhere of any offence which, if committed in Tasmania, would be punishable by imprisonment for a term of 12 months or longer; or

(e) the Minister is satisfied that the member is no longer a fit and proper person to be a member of the Code of Conduct Panel.