Western Australian Consolidated Acts Western Australian Consolidated Acts (1) For the purposes
of this Act, there shall be constituted a board having the name of The Library
Board of Western Australia.
(2) The Board shall
consist of 13 members including the Chairman and Vice Chairman.
(3) Of the members of
the Board, one shall be the person for the time being holding or acting in the
office of chief executive officer of the department referred to in
section 228 of the School Education Act 1999 , one shall be the
chief executive officer 2 of the Department for the Arts 3 and the
remaining 11 shall be appointed by the Governor, of whom —
(a) 5
shall be nominated by the Minister; and
(b) each
of the other 6 shall be selected by the Minister, in the manner provided by
subsections (4) and (4a), to represent the body by which the member was
nominated.
(4) A panel of the
names of 3 persons, each of whom is resident in Western Australia, is to
be submitted to the Minister under each of the following paragraphs by the
body referred to in that paragraph and the Minister shall select one of the
persons named from each panel to be the member of the Board for the purposes
of that paragraph —
(a)
representing the Australian Library and Information Association;
(b)
representing the City of Perth;
(c)
representing the City of Fremantle;
(d)
WALGA representing local government districts that are in the metropolitan
area;
(e)
WALGA representing local government districts that are cities or towns and are
not in the metropolitan area;
(f)
WALGA representing local government districts that are shires and are not in
the metropolitan area,
and for the purpose of
filling any vacancy in the office of such a member, as soon as practicable
after the vacancy occurs, the Minister shall request the body referred to in
the paragraph under which the vacancy has occurred to submit to the Minister a
panel of names under that paragraph within 28 days of the service of the
request, but where no panel of names is submitted in response to the request
within that time the Governor, on the recommendation of the Minister, may
appoint a person under the appropriate paragraph as a member of the Board
notwithstanding that the panel was not so submitted to the Minister.
(4a) Terms used in
subsection (4)(d), (e) and (f) have the same meanings as in the
Local Government Act 1995 .
(5) Except in the case
of a person who is appointed to fill an extraordinary vacancy, the term of
tenure of office of a nominee member shall be 4 years from the date of
appointment.
(5a) A nominee member
shall be eligible to be selected for reappointment.
(6) The office of a
nominee member of the Board shall become vacant —
(a) at
the expiration of his term of office;
(b) if
he dies;
(c) if
he is incapable of continuing a member;
(d) if
he resigns in writing under his hand addressed to the Governor in Council;
(e) if
without leave granted by the Minister he fails to attend 3 successive
meetings of the Board,
but the office of a
nominee member of the Board shall not become vacant by reason only that if
when appointed to the office he was a member of the council of a local
government, he ceases to be such.
(7) If the office of a
nominee member of the Board becomes vacant otherwise than by the retirement of
such member at the expiration of his term of office, a person shall, in
accordance with the provisions of this section, be appointed to fill the
extraordinary vacancy.
(8) Any person
appointed to fill an extraordinary vacancy shall, subject to the provisions of
this section be entitled to hold office for the remainder of the term of
office of the person in whose place he is appointed.
(9)(a) The Governor
may, in respect of each nominee member of the Board, appoint a person as
deputy or and to represent the same interests as that member, subject to the
provisions of the next succeeding paragraph, and a person so appointed shall,
in the event of the absence of the member, have all the powers of that member
during his absence, and no appointment of and no act done in that capacity by
a deputy shall be questioned on the ground that the occasion for his
appointment had not arisen or had ceased.
(aa) A
member of the Board who is not a nominee member shall nominate in writing a
senior executive officer of the department of the Public Service principally
assisting the Minister charged with the administration of the
School Education Act 1999 in administering that Act or of the Department
for the Arts 3 , as the case requires, to act for him as a member at any
meeting which he is unable to attend, and while so attending the person so
nominated has all of the functions and entitlements of that member.
(b)(i)
In the event of the absence of the Chairman, the Vice Chairman shall have all
the powers of the Chairman.
(ii)
In the event of the absence of the Chairman and the Vice
Chairman, then the members of the Board present may choose out of their number
a member who shall for the purposes of that meeting and until its conclusion,
have all the powers of the Chairman.
(10) The meetings of
the Board shall be held at such times and places as may be determined, or
until determined, as convened by the Chairman.
(11) The Chairman and
Vice Chairman shall be elected annually by the members of the Board from among
their number and shall be entitled to hold office for a period of
12 months, and shall on the expiration of any term of office, be
eligible, subject to the provisions of this Act, for re-election.
(12) The Board shall
conduct its proceedings in such manner as may be prescribed, and until
prescribed, as the Board shall determine, but in any case —
7 members shall
constitute a quorum for the conduct of business;
all matters shall be
determined by a majority of the votes of the members present, and where there
is an equality of votes, the question shall be regarded as determined in the
negative;
each member, including
the Chairman, shall be entitled to one vote only on the determination of any
matter.
(13) The Board may act
and exercise all of its powers, notwithstanding any vacancy in membership, and
no act or proceeding of the Board shall be invalid or illegal in consequence
only of any vacancy in membership existing at the time of any act or
proceeding.
(14) Acceptance of, or
acting in the office of member or deputy member of the Board by any person
shall not of itself render the provisions of Part 3 of the
Public Sector Management Act 1994 or the Superannuation
and Family Benefits Act 1938 4 , applicable to him, nor affect the
application of those provisions to him if they apply to him at the time of the
acceptance of or acting in the office.
(15) Every member of
the Board shall be entitled to such travelling and other out-of-pocket
expenses as the Governor thinks fit.
(16) The Board shall
cause to be kept minutes of all its proceedings in such manner and form as the
Minister may direct or approve.
[Section 5 amended by No. 20 of 1955
s. 6; No. 29 of 1974 s. 4; No. 44 of 1983 s. 3;
No. 75 of 1987 s. 5; No. 7 of 1988 s. 20; No. 32 of
1994 s. 19; No. 14 of 1996 s. 4; No. 22 of 1996
s. 16(6); No. 57 of 1997 s. 80; No. 36 of 1999 s. 247;
No. 49 of 2004 s. 13.]