SCHEDULE 2 - Membership of Police Review Board

Section 53(4)

1.    Interpretation

In this Schedule,

member means a member of the Police Review Board and includes the chairperson.

2.    Term of office

A member is to be appointed for a period of 4 years.

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 a member.

4.    Remuneration of members

A member is entitled to be paid any remuneration, allowances and expenses the Minister determines.

5.    Vacation of office

(1) A member vacates office when the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3) .

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

(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 any part of the estate for their benefit; or

(b) is convicted, in Tasmania or elsewhere, of a crime or an offence that, in the opinion of the Minister, justifies the removal; or

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

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

6.    Filling of vacancies

If the office of the chairperson or another member becomes vacant, the Minister may appoint a suitable person to the vacant office for the remainder of the term of office.

7.    Validity of proceedings

(1) An act or proceeding of the Police Review Board or of a person acting under the direction of the Police Review Board is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Police Review Board.

(2) An act or proceeding of the Police Review Board or of a person acting under the direction of the Police Review Board is valid even if –

(a) the appointment of a member was defective; or

(b) a person appointed as a member was disqualified from acting as, or was incapable of being, a member.

8.    Presumptions

In any proceedings by or against the Police Review Board, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Police Review Board; or

(b) the appointment of any member.