SCHEDULE 1 - Provisions with respect to membership of Board

Section 9

1.    Terms of office

A member of the Board shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of his appointment and shall, if he remains qualified for membership of the Board be eligible for re-appointment from time to time for a term, not exceeding 3 years, specified in the instrument of his re-appointment.

2.    Provisions requiring devotion of whole of time to other duties

Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his time to the duties of his office under that Act, that provision shall not operate to disqualify him from holding that office and also the office of a member of the Board.

3.    Remuneration

(1) Subject to subclause (2) , a member of the Board is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine, and the payment of any such remuneration shall be made out of the Workers Rehabilitation and Compensation Fund.

(2) A member of the Board who is –

(a) a State Service officer or State Service employee; or

(b) otherwise holding, or acting in, an office –

(i) under the State Service Act 2000 ; or

(ii) in an Agency within the meaning of that Act –

is not entitled to remuneration under subclause (1) , except with the approval of the Minister administering that Act.

(3) .  .  .  .  .  .  .  .  

4.    State Service Act 2000 not to apply

The State Service Act 2000 does not apply to, or in respect of, the appointment of a member of the Board and a member of the Board shall not, in his capacity as such a member, be subject to that Act during his term of office.

5.    Deputies of ex officio members and appointment of substitute to act in place of appointed members

(1) .  .  .  .  .  .  .  .  

(2) The Minister may appoint –

(a) any person (including a member of the Board other than the chairperson) to act in the office of chairperson of the Board; or

(b) any person to act in the office of a member of the Board referred to in section 9(1)(b)  –

while the chairperson or that member, as the case may be, is absent from his office through illness or any other cause.

(3) A member of the Board referred to in section 9(1)(b) shall, for the purposes of subclause (2) , be deemed to be absent from his office if he is acting in the office of the chairperson of the Board pursuant to subclause (2) .

(4) A member of the Board shall, for the purposes of subclause (2) , be deemed to be absent from his office if there is a vacancy in that office which has not been filled in accordance with clause 6 .

(5) A person shall not be concerned to inquire whether or not any occasion has arisen requiring or authorizing a person to act in the office of a member of the Board, and all things done or omitted to be done by that person while so acting shall be as valid, and shall have the same consequences, as if they had been done or omitted to be done by that member.

6.    Filling of vacancies

On the occurrence of a vacancy in the office of a member of the Board, the Governor may appoint a person to the vacant office for the residue of the member's term of office and the person is to be appointed in accordance with section 9 .

7.    Vacation of office

(1) A member of the Board shall be deemed to have vacated his office –

(a) when he dies;

(b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit;

(c) if he is absent from 3 consecutive ordinary meetings of the Board of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless –

(i) on leave granted by the Minister; or

(ii) before the expiration of 21 days after the last of those meetings, he is excused by the Minister for his absence from those meetings;

(d) if he becomes unable to perform competently the duties of the office;

(e) if he is convicted in Tasmania of a crime or an offence which is punishable by imprisonment for a period of not less than 12 months, or if he is convicted outside Tasmania of an offence which, if committed in Tasmania, would be a crime or an offence so punishable;

(f) if he is convicted of an offence against this Act;

(g) if he resigns his office by writing under his hand addressed to the Governor and the Governor accepts the resignation; or

(h) if he is removed from office by the Governor under subclause (2) .

(2) The Governor may remove from office a member of the Board if the Governor is satisfied that the member –

(a) has failed to comply with section 12 ; or

(b) is unable to perform adequately or competently the duties of his office.

(3) A member of the Board shall not be removed from office otherwise than in accordance with this clause.

8.    Validity of proceedings, &c.

(1) No act or proceeding of the Board or of any person acting pursuant to any direction of the Board is 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 Board.

(2) All acts and proceedings of the Board or of any person acting pursuant to any direction of the Board are, notwithstanding the subsequent discovery of any defect in the appointment of any member of the Board or that any person was disqualified from acting as, or incapable of being, a member of the Board, as valid as if the member had been duly appointed and was qualified to act, or capable of being, a member, and as if the Board had been fully constituted.

(3) Where a member of the Board, or any person acting pursuant to any direction of the Board, does or purports to do, or omits or purports to omit to do, any act or thing in good faith for the purpose of administering or executing this or any other Act, he shall not be personally subjected to any action, liability, claim, or demand in respect of that act or omission.

9.    Presumptions

In any proceedings by or against the Board, unless evidence is given to the contrary, no proof shall be required of –

(a) the constitution of the Board;

(b) any resolution of the Board;

(c) the appointment of any member of the Board; or

(d) the presence of a quorum at any meeting of the Board.