Victorian Consolidated Legislation

Epworth Foundation Act 1980 - SECT 9

Board of Management

9. Board of Management



(1) The Board of Management shall consist of eleven members of whom-

   (a)  one shall be the person who for the time being is the Chief Executive
        Officer of the Hospital appointed pursuant to section 14;

   (b)  one shall be the person who for the time being is Chairman of the
        Medical Advisory Council appointed pursuant to section 17(1);

   (c)  six shall be appointed by the Synod after consultation with the Board
        of Management; and

   (d)  three shall be appointed by the Board of Management.

(2) The members of the Board of Management other than the Chief Executive
Officer and the Chairman of the Medical Advisory Council shall be appointed
for a term of three years and subject to subsection (3) shall be eligible for
re-appointment.

(3) A member of the Board of Management other than a Chief Executive Officer
appointed under section 14, who, immediately before an Annual General Meeting
of the Board, has been a member for more than 9 consecutive years is not
eligible to continue to be a member after the conclusion of the meeting
unless-

   (a)  the Board, by resolution made at the Annual General Meeting or at a
        meeting held not more than 6 weeks before the Annual General Meeting,
        has resolved that the member is eligible to continue; and

   (b)  the member did not vote on that resolution.



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(5) The office of a member of the Board of Management shall become vacant if
the member-

   (a)  resigns his or her office by writing under his or her hand delivered
        to the President or Deputy President;

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

   (c)  in the opinion of the Board, is of unsound mind;



   (ca) becomes ineligible to continue as a member by reason of subsection
        (3); or



   (d)  is absent from three consecutive meetings of the Board of Management
        without the consent of the Board of Management.





(6) Casual vacancies on the Board shall be filled-

   (a)  by the Synod after consultation with the Board of Management if the
        vacating member was appointed by the Synod;

   (b)  by the Board if the vacating member was appointed by the Board.

(7) A person appointed to fill a casual vacancy shall hold office for the
expiration of the term of the member in respect of whom the casual vacancy
occurred and shall be eligible for re-appointment.



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(9) Notwithstanding anything to the contrary in this section, the Board of
Management as first constituted shall consist of eleven persons appointed by
the Hospital Board of Epworth Hospital of whom-

   (a)  three (who shall be selected by the Board of Management at its first
        meeting by agreement or in default of agreement by lot) shall retire
        at the expiration of one year after their appointment;

   (b)  three (who shall be selected by the Board of Management at its first
        meeting by agreement or in default of agreement by lot) shall retire
        at the expiration of two years after their appointment; and

   (c)  the remainder shall retire at the expiration of three years after
        their appointment-

and each vacancy occurring by reason of the retirement of members pursuant to
this subsection shall be filled in accordance with subsection (1).