Western Australian Consolidated Acts

STATE RECORDS ACT 2000 - SCHEDULE 4

[s. 59]

1.         Interpretation

                In this Schedule — 

        appointed member means the member of the Commission appointed under section 58(d);

        member   m e ans a member of the Commission under section 58.

2.         Term of office of the appointed member

        (1)         The appointment of a person as the appointed member is to specify a term of appointment of not more than 3 years.

        (2)         A person who is or was the appointed member may be re-appointed as the appointed member.

        (3)         The appointed member may resign by giving his or her written resignation to the Minister.

        (4)         The Governor may terminate the appointment of the appointed member if the Governor is satisfied that the member — 

            (a)         is an insolvent under administration (as defined in the Corporations Law);

            (b)         is incompetent, has misbehaved or has neglected his or her functions as a member;

            (c)         has been absent, without leave and without reasonable excuse, from 3 consecutive meetings of the Commission of which the member has had notice;

            (d)         is unable to perform his or her functions as a member because of illness.

3.         Chairperson

                The Commission is to decide which of its members is to be its chairperson.

4.         Meetings

        (1)         The Commission is to decide when it meets.

        (2)         The Commission may hold a meeting at which some or all members participate by telephone or other similar means of instantaneous communication, but a member who speaks on a matter at the meeting must be able to be heard by all the other members at the meeting.

        (3)         At a meeting of the Commission the chairperson is to preside or, if he or she is absent, a member chosen by those present.

        (4)         The Commission is to ensure that accurate minutes are kept of its meetings.

        (5)         Subject to this clause and section 54 of the Interpretation Act 1984 , the Commission is to determine the procedure for convening and conducting its meetings.

5.         Conflicts of interest

        (1)         In this clause —

        material personal interest , in relation to a member, includes an interest arising because of an office that the member holds in a government organization.

        (2)         A member who has a material personal interest in a matter involving the Commission must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Commission.

        Penalty: $1 000.

        (3)         A disclosure by a member is to be recorded in the minutes of the meeting.

        (4)         A member who has a material personal interest in a matter being considered by the Commission must not be present while the matter is considered, and must not vote on the matter unless the Commission resolves that the member should not be so disqualified.

        (5)         The member with a material personal interest must not be present while the Commission considers whether to make a resolution for the purposes of subclause (4), and must not vote on the matter.

        (6)         On an application by the Commission the Minister may issue a written declaration that this clause does not apply in relation to a specified matter.

6.         Leave of absence

                The Commission may grant leave of absence to a member on such terms and conditions as it thinks fit.

7.         Remuneration

                The appointed member is to be paid such remuneration and travelling and other allowances as the Minister determines on the recommendation of the Minister for Public Sector Management.