Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Commission may
establish such review committees as it considers necessary for the purposes of
section 49.
(2) A review committee
shall consist of 3 members of whom —
(a) one
shall be a private practitioner who is not a member of the Commission;
(b) one
shall be an Australian lawyer who may be a member of the Commission; and
(c) one
shall be a person whom the Commission considers to be suitable for membership
of the committee and who is not an Australian lawyer.
(3) A member of a
review committee —
(a)
shall hold office for such period not exceeding one year as is specified in
the instrument of his appointment, but is eligible for reappointment;
(b) may
be removed from office by the Commission for disability, neglect of duty or
misconduct;
(c) may
resign his office by writing signed by him and delivered to the Chairman of
the Commission, but the resignation does not have effect until it is accepted
by the Chairman.
(4) The Commission
shall appoint one of the members of a review committee to be the chairman of
that committee.
(5) Any member of a
review committee 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 that
committee, otherwise than as a member or creditor of, and in common with the
other members or creditors of, a public company of which he is not a director,
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.
(5a) A disclosure
under subsection (5) shall be mentioned in the record of the meeting of
the review committee and the member shall not be present during any
deliberation of the review committee with respect to that matter.
(6) A member of a
review committee shall not be present during any deliberation of the review
committee with respect to a matter if he made, or was directly involved in the
making of, the decision to which the matter relates.
(6a) Where a member of
a review committee is prohibited by subsection (5a) or (6) from being
present during any deliberation of the review committee with respect to a
matter, the Commission may appoint a substitute member to attend any meeting
of the review committee at which that matter is deliberated and that
substitute member is, when so attending, deemed to be a member of the review
committee and has all the powers, functions and duties of such a member.
(6b) When a meeting of
a review committee has been convened and there is difficulty in obtaining a
quorum at that meeting, the Director may, subject to subsection (2), in
writing appoint a member or members of any other review committee to attend
that meeting for the purpose of constituting a quorum thereat.
(6c) A person
appointed pursuant to subsection (6b) to attend a meeting of a review
committee is entitled to attend that meeting and is, when so attending, deemed
to be a member of the review committee and has all the powers, functions and
duties of a member of the review committee.
(7) At a meeting of a
review committee 2 members constitute a quorum.
(8) Where a matter is
under review by a review committee the legal aid authority by which the
decision to which that matter relates was made, shall render such assistance
to the review committee as is necessary to ensure that all relevant
information is brought to the attention of the review committee.
(8a) A review
committee shall observe guidelines determined by the Commission under
section 15(1)(i).
(9) The rules may make
provision for and in relation to —
(a) the
convening of meetings of review committees;
(b) the
appointment of a member to preside at such a meeting in the absence of the
chairman; and
(c) the
procedure (including provision with respect to voting) to be followed at such
meetings.
(10) No act,
proceeding or determination of a review committee shall be invalid on the
ground only of any vacancy in the office of any member of the committee or of
any defect in the appointment of any member of the committee.
[Section 50 amended by No. 60 of 1977
s. 24; No. 8 of 1978 s. 4; No. 106 of 1979 s. 3;
No. 126 of 1982 s. 18; No. 73 of 1992 s. 14; No. 21 of
2008 s. 674(23) and (24).]