Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 7]
Division 1 — General provisions
A member holds office for such term, not exceeding
3 years, as is specified in the instrument of his or her appointment, but
may from time to time be re-appointed.
(1) The office of a member becomes
vacant if he or she —
(a)
resigns the office by written notice addressed to the Minister;
(b) is
an insolvent under administration as that expression is defined in the
Corporations Act 2001 of the Commonwealth; or
(c) is
removed from office by the Minister under subclause (2).
(2) The Minister may
remove a member from office if the Minister is satisfied that the
member —
(a) has
neglected his or her duty;
(b) has
misbehaved;
(c) is
incompetent;
(d) is
suffering from mental or physical incapacity impairing the performance of his
or her functions; or
(e) has
been absent, without leave and reasonable excuse, from 3 consecutive meetings
of the board of which the member has had notice.
The board may grant leave of absence to a member
on such terms and conditions as it thinks fit.
If the chairperson is unable to act by
reason of sickness, absence or other cause, or during any vacancy in that
office, the deputy chairperson is to perform the functions of the chairperson.
(1) If a member, other
than the chairperson, is unable to act by reason of sickness, absence or other
cause, the Minister may appoint another person to act temporarily in his or
her place and, while so acting according to the tenor of his or her
appointment, that other person is to be taken to be a member of the board.
(2) If the member who
is deputy chairperson is performing the functions of the chairperson, the
Minister may, under subclause (1), appoint another person to act in his
or her place as a member.
(3) The appointment of
a person under subclause (1) may be terminated at any time by the
Minister.
No act or omission of
a person acting in place of another under clause 4 or 5 is to be
questioned on the ground that the occasion for his or her appointment or
acting had not arisen or had ceased.
(1) Subject to
subclause (2), meetings are to be held at the times and places that the
board determines.
(2) A special meeting
of the board may at any time be convened by the chairperson.
(3) The first meeting
of the board is to be convened by the chairperson.
(1) The chairperson is
to preside at all meetings of the board at which he or she is present.
(2) If both the
chairperson and the deputy chairperson are absent from a meeting the members
present are to appoint one of their number to preside.
A quorum for a meeting
of the board is at least one half of the number of members.
(1)
At any meeting of the board each member present has a
deliberative vote.
(2) If the votes cast
on a question are equally divided, the chairperson, deputy chairperson or
other person presiding has a casting vote on the question.
The board is to cause accurate minutes to be kept of the
proceedings at its meetings.
12. Resolution without meeting
A resolution in writing signed by
each member or assented to by each member by letter, telegram or facsimile is
as effectual as if it had been passed at a meeting of the board.
13. Telephone or video meetings
A communication between a majority
of the members by telephone, audio-visual or other electronic means is a valid
meeting of the board if each participating member is capable of communicating
with every other participating member instantaneously at all times during the
proceedings.
(1)
The board may appoint committees to assist it in
the performance of its functions, and may discharge or alter any committee so
appointed.
(2) A committee may
include persons who are not members of the board.
(3) Subject to the
directions of the board and to the terms of any delegation under
section 12, a committee may determine its own procedures.
15. Board to determine own procedures
Subject to this Act, the
board is to determine its own procedures.
Division 2 — Disclosure of interests etc.
(1) A member who has a material personal
interest in a matter being considered or about to be considered by the board
must, as soon as possible after the relevant facts have come to the
member’s knowledge, disclose the nature of the interest at a meeting of
the board.
Penalty: $10 000.
(2) A disclosure under
subclause (1) is to be recorded in the minutes of the meeting.
17. Voting by interested members
A member who has a material personal
interest in a matter that is being considered by the board —
(a) must
not vote whether at a meeting or otherwise —
(i)
on the matter; or
(ii)
on a proposed resolution under clause 18 in respect
of the matter, whether relating to that member or a different member;
and
(b) must
not be present while —
(i)
the matter; or
(ii)
a proposed resolution of the kind referred to in
paragraph (a)(ii),
is being considered at
a meeting.
18. Clause 17 may be declared inapplicable
Clause 17 does
not apply if the board has at any time passed a resolution
that —
(a)
specifies the member, the interest and the matter; and
(b)
states that the members voting for the resolution are satisfied that the
interest should not disqualify the member from considering or voting on the
matter.
19. Quorum where clause 17 applies
(1) Despite clause 9, if
a member of the board is disqualified under clause 17 in relation to a
matter, a quorum is present during the consideration of the matter if at least
3 members are present who are entitled to vote on any motion that may be moved
at the meeting in relation to the matter.
(2) The Minister may
deal with a matter insofar as the board cannot deal with it because of
subclause (1).
20. Minister may declare clauses 17 and 19
inapplicable
(1) The
Minister may by writing declare that clause 17 or 19 or both of them do
not apply in relation to a specified matter either generally or in voting on
particular resolutions.
(2) The Minister must
within 14 days after a declaration under subclause (1) is made cause
a copy of the declaration to be laid before each House of Parliament.
[Schedule 1 amended by No. 10 of 2001
s. 220.]