LOCAL GOVERNMENT ACT 1995 - SCHEDULE 8.1
LOCAL GOVERNMENT ACT 1995 - SCHEDULE 8.1
[Section 8.16(2)]
1 . Constitution of Inquiry Panel
(1) If an Inquiry
Panel consists of 3 people then of the people appointed as members of the
Panel —
(a) one
person is to be appointed to be a member of, and to preside at the meetings
of, the Inquiry Panel; and
(b)
another person is to be a legal practitioner who the Minister and WALGA agree
should be appointed; and
(c)
another person, not being a member of the council of the local government to
which the inquiry relates or an employee of that local government, is to be
appointed from a list submitted to the Minister by WALGA under subclause (3).
(1a) If an Inquiry
Panel consists of one person, that person is to be a legal practitioner who
the Minister and WALGA agree should be appointed.
(2) If under subclause
(1)(b) or (1a) no agreement is reached within 28 days after the invitation
referred to in subclause (3), the Minister is to invite the President of The
Law Society of Western Australia Inc. to submit a list of 3 legal
practitioners within 28 days of the invitation and is to appoint one person
from that list.
(3) Before a person is
appointed under subclause (1)(c), the Minister is to invite WALGA to submit a
list of 3 persons eligible for appointment within 28 days of the invitation.
(4) Where a list is
not submitted in accordance with the invitation of the Minister under
subclause (2) or (3), the Minister may appoint any person who would have been
eligible for appointment if a list had been submitted.
[Clause 1 amended: No. 64 of 1998 s. 44(2)(a)-(c);
No. 49 of 2004 s. 12.]
(1) A member of an
Inquiry Panel holds office for the duration of the inquiry unless —
(a) he
or she dies; or
(b) he
or she resigns by written notice to the Minister; or
(c) his
or her appointment is terminated by the Minister by written notice,
in which case the
Minister may appoint a replacement member.
(2) Clause 1 applies
to the appointment of a replacement member except that the Minister may, if he
or she thinks fit, use the most recent list submitted under clause 1(3)
instead of inviting WALGA to submit a new list.
[Clause 2 amended: No. 49 of 2004 s. 12.]
3 . Procedures and remuneration
(1) If an Inquiry
Panel consists of 3 people, all 3 members are required to be present to
constitute a quorum.
(2) The members of an
Inquiry Panel are entitled to such remuneration and allowances as the Minister
from time to time determines.
(3) Subclause (2) does
not apply to a member who is an officer of the Public Service.
[Clause 3 amended: No. 64 of 1998 s. 44(2)(d).]