Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, the term of tenure of office of a member shall be 5 years or
such lesser period as the Governor, having regard to the need to maintain
continuity of membership on the Council, may determine and cause to be
specified in the instrument of appointment.
(2) A member may
resign office by a written notice given under the hand of the member addressed
to, and received by, the Minister, but a member whose term of office expires
or who resigns from office shall be eligible for re-appointment.
(3) If a
member —
(a) is,
according to the Interpretation Act 1984 section 13D, a bankrupt or
a person whose affairs are under insolvency laws; or
(b) is
absent, without the permission of the Minister, from 3 consecutive
meetings of the Council of which the member has been given notice; or
(c) is
removed from office pursuant to subsection (4),
the office becomes
vacant and the person shall not thereafter be eligible for re-appointment.
(4) A member may, at
any time, be removed from office by the Governor, on the recommendation of the
Minister and on grounds established to the satisfaction of the Governor, by
reason of impairment, within the meaning of Part IVA of the
Equal Opportunity Act 1984 , affecting the performance of his or her
duties, incompetence, inefficiency, neglect of duty or misconduct.
[(5) deleted]
(6) A member may be
appointed on terms that require the member to devote his or her full time to
the performance of the duties of that office, but may be granted leave of
absence by the Minister.
(7) Any reference in
this Act to a member shall, unless the context otherwise requires, be
construed as including a reference to a person who is —
(a) the
Chairperson;
(b)
appointed by the Minister under section 21 to act in a vacant office or
in the place of an appointed member during any vacancy, absence, or temporary
incapacity; or
(c)
appointed as a co-opted member under section 23,
whilst the person
holds or acts in that office.
[Section 20 amended by No. 57 of 1997
s. 71; No. 18 of 2009 s. 41.]