LOCAL GOVERNMENT ACT 1995 - SCHEDULE 2.4
LOCAL GOVERNMENT ACT 1995 - SCHEDULE 2.4
[Section 2.41]
1 . Eligibility for appointment
(1) Any person is
eligible for appointment as a commissioner if he or she is qualified to be
elected as a member of the council of the local government concerned or would
be so qualified if he or she were an elector of the district.
(2) Nothing in this
Act prevents a person from being a commissioner of more than one local
government or a member or former member of a council of a local government
from being a commissioner of a local government.
[Clause 1 amended: No. 1 of 1998 s. 25; No. 49 of
2004 s. 70.]
Subject to clause 3, a
commissioner holds office for the period set out in section 2.6(4), 2.36A(3),
2.37(4), 2.37A(1), 8.30 or 8.33, whichever is applicable.
[Clause 2 amended: No. 1 of 1998 s. 6(4); No. 64
of 1998 s. 4(6).]
The office of a
commissioner becomes vacant if —
(a) the
commissioner dies; or
(b) the
Governor receives the written resignation of the commissioner; or
(c) the
commissioner is absent, without leave and without reasonable excuse, from 3
consecutive meetings of the joint commissioners of which he or she has had
notice; or
(d) the
commissioner ceases to be eligible for appointment as a commissioner; or
(e) the
Governor terminates the commissioner’s appointment.
If the office of a
commissioner becomes vacant the Governor may appoint a person to fill the
vacancy.
(1) A commissioner is
to be paid remuneration and allowances, and reimbursed for expenses, in
accordance with determinations made by the Minister from time to time.
(2) Payments and
reimbursements under subclause (1) are to be made out of the funds of the
local government concerned.
6 . Procedure at meetings of joint commissioners
(1) At a meeting of
joint commissioners —
(a) if 3
commissioners are appointed, 2 of them constitute a quorum; and
(b) if 5
commissioners are appointed, 3 of them constitute a quorum; and
(c) the
chairperson, or in his or her absence the deputy chairperson, is to preside;
and
(d) if 5
commissioners are appointed and the chairperson and the deputy chairperson are
both absent, a commissioner chosen by those present is to preside.
(2) When a question
arises at a meeting of joint commissioners —
(a) a
decision on the question is to be made by simple majority unless subclause (3)
applies; and
(b) each
commissioner who is present is entitled to one vote; and
(c) if
the votes are equally divided, the person presiding may cast a second vote.
(3) If 5 commissioners
are appointed and a decision to be made on a question is one that would
require an absolute majority of a council, the decision is to be made by an
absolute majority of those commissioners.
[Clause 6 amended: No. 64 of 1998 s. 55; No. 16 of
2019 s. 70.]