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DISABILITY SERVICES ACT 1993 - SCHEDULE 3

DISABILITY SERVICES ACT 1993 - SCHEDULE 3

[s. 7(4)]

        [Heading amended: No. 19 of 2010 s. 4.]

1 .         Tenure of office

        (1)         A member of the Board —

            (a)         holds office for such term not exceeding 3 years as is specified in the instrument appointing the member; and

            (b)         except in the case of the chairperson, is not to hold office for more than 6 years continuously; and

            (c)         is not to be reappointed unless 3 years have elapsed since —

                  (i)         the end of a 6 year period of holding office continuously or, in the case of a person who has held office for a period greater than 6 years continuously, the end of that period of holding office; or

                  (ii)         he or she resigned from office; or

                  (iii)         his or her appointment was terminated;

                and

            (d)         may resign from office by notice in writing delivered to the Minister.

        (2)         The Minister may terminate the appointment of a member —

            (a)         if, in the opinion of the Minister, the member is unable, through illness or absence from the State, to perform the functions of the office; or

            (b)         if, in the opinion of the Minister, the member misbehaves, neglects his or her duties or is incompetent; or

            (c)         if the member is an insolvent under administration, as that expression is defined in the Corporations Act 2001 of the Commonwealth; or

            (d)         if the member is absent, without leave and without reasonable excuse, from 3 consecutive meetings of the Board of which the member has had notice; or

            (e)         for any other act or omission that in the opinion of the Minister may adversely affect the functioning of the Board.

        (3)         A member whose term of office expires due to the effluxion of time continues in office until he or she is reappointed or a successor comes into office (as the case may be).

        [Clause 1 amended: No. 44 of 1999 s. 25(1) and (2); No. 10 of 2001 s. 220.]

2 .         Chairperson

        (1)         The Minister is to appoint one of the members of the Board to be chairperson and another to be deputy chairperson.

        (2)         The deputy chairperson is to perform the functions of the chairperson when the chairperson is unable to do so by reason of illness, absence or other cause, or when the office of chairperson is vacant.

3 .         Meetings

        (1)         The Board, subject to this Schedule, is to determine the procedure for convening and conducting its meetings.

        (2)         At a meeting of the Board —

            (a)         the chairperson, or in his or her absence the deputy chairperson, is to preside; or

            (b)         in the absence of both those members, a member elected by the members present is to preside.

        (3)         The Board must keep minutes of its meetings.

4 .         Remuneration

                A member of the Board is entitled to such remuneration and allowances as are determined by the Minister from time to time on the recommendation of the Public Sector Commissioner.

        [Clause 4 amended: No. 44 of 1999 s. 25(3); No. 39 of 2010 s. 89.]