Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 6]
Provisions relating to the constitution and proceedings of the Council
(1) A member of the Council may resign his office
by notice in writing delivered to the Minister.
(2) The body or
officer by which or by whom a member of the Council was nominated may, by
notice in writing to the Minister, withdraw the nomination of that member and
thereupon the office of that member becomes vacant.
(3) If a member of the
Council —
(a) is,
according to the Interpretation Act 1984 section 13D, a bankrupt or
a person whose affairs are under insolvency laws; or
(b)
becomes permanently incapable of performing the duties of his office; or
(c) is
removed from office by the Minister on the grounds of neglect of duty,
misbehaviour or incompetence,
the office of that
member becomes vacant and he is not eligible for re-appointment.
[Clause 1 amended by No. 18 of 2009
s. 52.]
(1) The Minister may
appoint persons to be deputies of the several members of the Council.
(2) The provisions of
section 9(1), (2), (3), (4) and (6) that apply to and in relation to a
member of the Council apply to and in relation to the appointment of a deputy
of that member.
(3) The nomination
panel used for the purpose of appointing a member of the Council may also be
used for the purpose of appointing his deputy.
(4) The deputy of a
member of the Council is, in the event of the absence of that member from a
meeting of the Council, entitled to attend that meeting and, when so
attending, is deemed to be a member of the Council and has all the powers,
functions and duties of such a member.
(5) If at any time a
member of the Council ceases to hold office before the expiration of the
period of his appointment a person who was immediately prior thereto the
deputy of that member is, until the vacancy in that office of member is filled
by the appointment of another member of the Council or until the expiration of
3 months from the date that the member ceased to hold office, whichever
is the lesser time, entitled to attend any meeting of the Council and when so
attending is deemed to be a member of the Council and has all the powers,
functions and duties of such a member.
3 . Who to preside at meetings
(1) The Chairman shall preside at
all meetings of the Council at which he is present.
(2) The Deputy
Chairman shall preside at all meetings of the Council at which the Chairman is
not present and in the absence of both the Chairman and the Deputy Chairman
from any such meeting, the members of the Council present shall appoint one of
their number to preside at that meeting.
(1) The first meeting
of the Council shall be convened by the Minister and thereafter, subject to
subclause (2), meetings shall be held at such times and places as the
Council determines.
(2) A special meeting
of the Council may at any time be convened by the Chairman or, in his absence,
the Deputy Chairman and the Chairman or, in his absence, the Deputy Chairman
shall call a special meeting whenever requested to do so in writing by 4
members of the Council.
(3) Not less than
3 days’ notice of every special meeting, and of the business to be
transacted thereat, shall be given to each member of the Council and no
business, other than that specified in that notice, except with the consent of
all members of the Council present and voting at the meeting, shall be
transacted at that meeting.
No business shall be
transacted at any meeting of the Council unless more than one-half of the
members of the Council are present thereat for the whole time during which the
business is transacted.
Any question arising
at a meeting of the Council shall be determined by a majority of the members
of the Council present and voting and where the votes cast on any question are
equally divided the question shall be declared to be negatived.
The Council shall
cause accurate minutes to be kept of its proceedings at its meetings.
(1) Any member of the
Council who has a direct or indirect pecuniary interest in any matter that is
being considered or is about to be considered at a meeting of the Council
shall as soon as possible after the relevant facts have come to his knowledge,
disclose the nature of his interest to those present at the meeting and that
disclosure shall be recorded in the minutes of the meeting.
(2) Where a member of
the Council makes a disclosure under subclause (1) in relation to a
matter and a majority of the members present at the meeting determine by
motion that the nature of the pecuniary interest disclosed is such that the
member should take no part in the consideration of that matter, the member
shall not be present during any deliberation of the Council with respect to
that matter.
An act or proceeding
of the Council shall not be invalid in consequence of there being any vacancy
in the office of a member at the time of the act or proceeding or in
consequence of there being some defect or irregularity in the appointment of a
person purporting to be a member or in the appointment of a person purporting
to be the deputy of a member.
(1)
The form of the common seal of the Council and all
other matters relating to the seal shall, subject to this clause, be from time
to time determined at a duly constituted meeting of the Council.
(2) The common seal
shall not be used except upon the order of the Council.
(3) Where the common
seal is affixed to an instrument it shall be so affixed in the presence of the
Chairman or the Deputy Chairman of the Council and one other member of the
Council and the instrument shall be signed by the Chairman or Deputy Chairman
and member in whose presence the common seal was so affixed.
11 . Procedure where none prescribed
To the extent that it is not
prescribed by this Act or rules made by the Council the Council shall
determine its own procedure.