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WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 96

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 96

96 .         Term of office of governing body’s nominee members

        (1)         Subject to this Act, a nominee member holds office for such period not exceeding 3 years as is specified in the instrument of his appointment but is eligible for reappointment.

        (2)         The Minister on such terms as he thinks fit may grant leave of absence to a nominee member.

        (3)         A nominee member may resign his office by writing signed by him and delivered to the Minister but the resignation does not have effect until accepted by the Minister.

        (4)         The Governor may terminate the appointment of a nominee member —

            (a)         for mental or physical incapacity to carry out duties as a member in a satisfactory manner, for inefficiency, or for misbehaviour; or

            (b)         for other good cause, whether the events or circumstances giving rise to that good cause occurred before, on, or after the date on which the appointment took effect.

        (5)         If a nominee member —

            (a)         is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

            (b)         absents himself except on leave granted by the Minister from 3 consecutive meetings of WorkCover WA’s governing body; or

        [(c)         deleted]

            (d)         resigns and his resignation is accepted; or

            (e)         has his appointment terminated pursuant to subsection (4),

                the office of that nominee member becomes vacant.

        (6)         Where the office of a nominee member becomes vacant otherwise than by effluxion of time, the Governor may, on the recommendation of the Minister, appoint to the vacant office for the unexpired part of the term of the office a person who is eligible for appointment to that office and section 95(3) or (4), as the case requires, applies in respect of such a recommendation.

        [Section 96 amended: No. 42 of 2004 s. 83 and 151; No. 18 of 2009 s. 94.]