Victorian Consolidated Legislation

Mental Health Act 1986 - SCHEDULE 1

PROVISIONS WITH RESPECT TO MEMBERS OF THE BOARD

1. The President

The President-

   (a)  is to be appointed by the Governor in Council; and

   (b)  holds office for a period of five years; and





   (c)  is eligible for re-appointment at the end of the term of office; and

   (d)  is entitled to be paid-

   (i)  such remuneration as is from time to time fixed by the Governor in
        Council; and

   (ii) such travelling and other allowances as are from time to time fixed by
        the Governor in Council; and

   (e)  is in respect of the office of President subject to the
        Public Administration Act 2004 (other than Part 3 of that Act).









2. Ordinary members



(1) Each member of the Board other than the President-

   (a)  is to be appointed by the Governor in Council on the nomination of the
        Minister; and

   (b)  holds office for the term, not exceeding 5 years, specified in his or
        her instrument of appointment; and



   (c)  is eligible for re-appointment at the end of the term of office; and

   (d)  is entitled to be paid-

   (i)  such remuneration as is from time to time fixed by the Governor in
        Council; and

   (ii) such travelling and other allowances as are from time to time fixed by
        the Governor in Council; and

   (e)  is in respect of the office of member subject to the
        Public Administration Act 2004 (other than Part 3 of that Act).













(2) In nominating persons for appointment to the Board, the Minister must have
regard to-

   (a)  the matters which the Board has jurisdiction to hear and determine;
        and

   (b)  the need for the Board to be comprised of both males and females so
        qualified by knowledge and experience that the Board is capable of
        exercising the jurisdiction and performing the functions conferred on
        it;



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3. Acting members



(1) Where a member is unable, whether on account of illness or otherwise, to
perform the duties of office, the Governor in Council may appoint an eligible
person to act as that member during the period of inability.

(2) Where a person has been appointed to act as a member during the period of
inability of a member and that member ceases to hold office without having
resumed the performance of the duties of office, the period of appointment of
the person so appointed is deemed to continue until the appointment is
terminated by the Governor in Council or until the expiration of the period of
twelve months after the date on which the member ceases to hold office,
whichever first occurs.





(3) A person appointed to act as a member while so acting-

   (a)  has all the powers and may perform all the duties of the member for
        whom that person is acting; and

   (b)  is entitled to be paid-

   (i)  such remuneration as is from time to time fixed by the Governor in
        Council; and

   (ii) such travelling and other allowances as are from time to time fixed by
        the Governor in Council.

(4) Where a person has been appointed to act as a member and the appointment
to act as such expires (whether by reason of the effluxion of time or of the
fact that the member for whom that person is acting has resumed the
performance of the duties of the office or the relevant vacancy has been
filled) at a time when the acting member is engaged in the hearing of any
matter by the Board, the period of appointment of that person is deemed to
continue until that matter has been finally determined by the Board.

4. Removal of President from office



(1) The Governor in Council may suspend or remove the President from office.

(2) If the President engages in Victoria or elsewhere in paid employment
outside the duties of the office of President without the approval of the
Governor in Council the office of President becomes vacant.

5. General provisions as to members



(1) The Governor in Council may in the instrument of appointment of a person
as a member specify terms and conditions of appointment.

(2) The Governor in Council may, on the recommendation of the Minister made
after consultation with the President remove or suspend any member other than
the President from office.

(3) A member may resign from the office of member by writing signed by the
member and delivered to the Governor in Council.



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(5) If any member-

   (a)  becomes bankrupt; or

   (b)  is convicted of an indictable offence or of an offence which, if
        committed in Victoria, would be an indictable offence; or

   (c)  becomes incapable of performing the duties of a member; or

   (d)  is removed from office or resigns; or



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   (f)  dies-

the office held by that member becomes vacant.

(6) If the appointment of any member expires at a time when that member is
engaged in the hearing of any matter by the Board, the period of appointment
of that person is deemed to continue until that matter has been finally
determined by the Board.

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