Western Australian Consolidated Acts Western Australian Consolidated Acts[section 5(4)]
Provisions concerning members and the procedure of the Commission
(1) A member shall be appointed for
such term not exceeding 3 years as is specified in the member’s
instrument of appointment and is eligible for reappointment.
(2) A member, unless
the member sooner resigns, is removed from office or the member’s office
otherwise becomes vacant under clause 2, shall continue in office until a
successor comes into office, notwithstanding that the term for which the
member was appointed may have expired.
The office of a member becomes vacant if
the member —
(a)
resigns office by written notice addressed to the Minister; or
(b) is
removed from office by the Minister on the grounds of misbehaviour,
incompetence, or mental or physical incapacity impairing the performance of
the member’s duties and proved to the satisfaction of the Minister; or
(c) is,
according to the Interpretation Act 1984 section 13D, a bankrupt or
a person whose affairs are under insolvency laws; or
(d) is
absent without leave of the Commission from 3 consecutive meetings of which
the member has had notice.
[Clause 2 amended by No. 18 of 2009
s. 54.]
A member is entitled
to such remuneration and other allowances as the Minister from time to time
determines on the recommendation of the Minister for Public Sector
Management 2 .
4 . Relationship to Public Service
The fact that a person is a member
does not —
(a)
render Part 3 of the Public Sector Management Act 1994, or any Act
applying to persons as officers of the Public Service of the State, applicable
to that person; or
(b)
affect or prejudice the application to that person of those provisions if they
applied to that person when that person became a member.
[Clause 4 amended by No. 32 of 1994
s. 3 (2).]
All acts and
proceedings of the Commission or of any person acting under any direction of
the Commission are, notwithstanding the subsequent discovery of any defect in
the appointment of any member or defect in the constitution of the Commission,
as valid as if the member had been duly appointed and as if the Commission had
been properly constituted.
(1) No matter or thing
done by the Commission, and no matter or thing done by a member or by any
person acting under the direction of the Commission shall, if the matter or
thing was done in good faith for the purposes of this Act, subject a member,
or a person so acting, personally to any action, liability, claim or demand.
(2) Subclause (1)
has effect subject to the Statutory Corporations
(Liability of Directors) Act 1996 .
[Clause 6 amended by No. 41 of 1996
s. 3.]
7 . General procedure concerning meetings
The procedure for the
calling of meetings of the Commission and the conduct of business at those
meetings shall, subject to this Act, be as determined by the Commission.
(1) Three members of
the Commission form a quorum.
(2) At a meeting of
the Commission —
(a) the
chairperson; or
(b) in
the absence of the chairperson, a person elected by the members present at the
meeting from among their number,
shall preside.
(3) Questions arising
at a meeting of the Commission shall be decided, in open voting, by a majority
of the votes of members present.
(4) The person
presiding at a meeting of the Commission has a deliberative vote and, if that
vote has been exercised and there is an equality of votes, also has a casting
vote.
The Commission shall
cause accurate minutes of each meeting of the Commission to be recorded and
preserved.
10 . Resolution may be passed without meeting
(1) A resolution in
writing signed or assented to by letter, telex, facsimile transmission or
lettergram by each member shall be as valid and effectual as if it had been
passed at a meeting of the Commission.
(2) The chairperson
shall report the passing of a resolution under subclause (1) to the next
meeting of the Commission.
The Commission may grant leave of absence to a
member on such terms and conditions as it thinks fit.
12 . Execution of documents by Commission
(1) A document is duly
executed by the Commission if —
(a) the
common seal of the Commission is affixed to it in accordance with
subclauses (2) and (3); or
(b) it
is signed on behalf of the Commission by the member or members or officer or
officers of the Commission authorised by the Commission to do so.
(2) The common seal of
the Commission shall not be affixed to any document except by resolution of
the Commission.
(3) The common seal of
the Commission shall be affixed to a document in the presence of the
chairperson and another member, or the chairperson and an officer of the
Commission authorised by the Commission either generally or in any particular
case to do so, and each of them shall sign the document to attest that the
common seal was so affixed.
(4) A document
purporting to be executed in accordance with this clause shall be presumed to
be duly executed until the contrary is shown.
(5) When a document is
produced bearing a seal purporting to be the common seal of the Commission, it
shall be presumed that that seal is the common seal of the Commission until
the contrary is shown.
(6) All courts and
persons acting judicially shall take notice of the common seal of the
Commission.