Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 5(3)]
1 . Term of office of member of Commission
Subject to this Schedule, a
member of the Commission shall be appointed for such period not exceeding
3 years as is specified in the instrument of appointment of that member.
2 . Remuneration of member of Commission
A member of the Commission
other than a member who is an officer of the Public Service of the State or
the Commonwealth is entitled to be paid such remuneration and allowances as
the Minister, on the recommendation of the Minister for Public Sector
Management, determines.
[Clause 2 amended by No. 20 of 2000
s. 26(1).]
Where an office of
member of the Commission becomes vacant the Minister shall, subject to this
Act, fill the vacancy.
The office of a member becomes vacant if
the member —
(a)
dies; or
(b) is
absent from 4 consecutive meetings of the Commission without the permission of
the Minister; or
(c) is,
according to the Interpretation Act 1984 section 13D, a bankrupt or
a person whose affairs are under insolvency laws; or
(d) is
removed from office by the Minister on the ground that the member is mentally
or physically incapable of performing the duties of a member or for
incompetence, neglect of duty or misconduct proved to the satisfaction of the
Minister.
[Section 4 amended by No. 18 of 2009
s. 7.]
(1) A member of the
Commission who has a direct or indirect pecuniary interest in a matter being
considered or about to be considered at a meeting of the Commission shall, as
soon as possible after the relevant facts have come to his or her knowledge,
disclose his or her interest at a meeting of the Commission.
(2) A disclosure under
subclause (1) shall be recorded in the minutes of the meeting of the
Commission and the member shall not unless the meeting otherwise
determines —
(a) be
present during any deliberation by the Commission with respect to that matter;
or
(b) take
part in any decision of the Commission with respect to that matter.
(3) For the purpose of
making a determination by the Commission under subclause (2) in relation
to a member who has made a disclosure under subclause (1), a member who
has a direct or indirect interest in the matter to which the disclosure
relates shall not —
(a) be
present during any deliberation of the Commission for the purpose of making
the determination; or
(b) take
part in the making by the Commission of the determination.
(1) The first meeting
of the Commission shall be convened by the chairperson of the Commission and
thereafter, subject to subclause (2), shall be held at such times and
places as the Commission determines.
(2) A special meeting
of the Commission may at any time be convened by the chairperson of the
Commission.
(3) The chairperson of
the Commission shall preside at any meeting of the Commission at which the
chairperson is present and in the absence of the chairperson, the members
present shall elect one of their number to preside.
(4) At any meeting of
the Commission 3 members constitute a quorum.
(5) At any meeting of
the Commission the member presiding at the meeting shall have a deliberative
vote, and in the case of an equality of votes being cast on any question,
shall have a casting vote.
[Clause 6 amended by No. 20 of 2000
s. 26(2).]
7 . Resolution without meeting
A resolution in
writing signed or assented to by letter, or electronic means of communication
by each member of the Commission shall be as valid and effectual as if it had
been passed at a meeting of the Commission.
8 . Procedures of the Commission
Except to the extent
that they are prescribed, the Commission shall determine its own procedures.
9 . Validity of acts of Commission
No act, proceeding or
decision of the Commission shall be invalid on the ground of any vacancy in
the office of any member of the Commission or of any defect in the appointment
of any member of the commission.
