South Australian Consolidated Acts South Australian Consolidated ActsSchedule 4—Public accountability of Board
(1) If the Minister is
satisfied that the Board has failed to comply with any provision of this Act
or a training plan, the Minister may do one or more of the following:
(a)
direct the Board in writing to comply with this Act or that plan;
(b)
censure the Board in accordance with clause 2;
(c)
recommend that the Governor dismiss the members of the Board and appoint new
members of the Board;
(d)
recommend to the Governor that an administrator of the Board be appointed in
accordance with clause 3.
(2) If the Minister is
satisfied that the Board has failed to comply with a direction given under
subclause (1)(a), the Minister may do any one or more of the things
specified in subclause (1)(b), (c) or (d).
(1) The Minister must,
before exercising the powers conferred by clause 1—
(a) give
the Board notice in writing of the intended action and the reasons for it; and
(b)
consider any submissions, whether oral or in writing, made to the Minister by
the Board within seven days after the giving of the notice or any further time
specified in the notice.
(2) If the Minister
proposes to censure or dismiss the Board, or to appoint an administrator of
the Board, the Minister must—
(a) give
notice in writing of the censure, dismissal or appointment to the Board; and
(b)
cause to be laid before each House of Parliament within seven sitting days
after the notice is given to the Board—
(i)
a copy of the notice; and
(ii)
a report of the circumstances leading to the action; and
(iii)
a copy of any written submission made by the Board
relating to that action.
3—Appointment and powers of administrator
(1) The Governor may,
by notice in the Gazette, appoint an administrator to administer the affairs
and activities of the Board if the Minister, after complying with
clauses 1 and 2, certifies that the Board has failed to perform a duty
arising from a provision of this Act or a training plan.
(2) An appointment of
an administrator, unless sooner revoked under subclause (7) or terminated
in accordance with the regulations, remains in force for a period of one year.
(3) An administrator
of the Board may, but need not, be a Public Service employee.
(4) On the appointment
of an administrator, the Minister must serve on the Board a copy of the
instrument of the appointment and on the service of the copy of that
instrument—
(a) the
members of the Board cease to hold office; and
(b) the
functions of the Board will be performed, and the powers of the Board may be
exercised, by the administrator in the name and on behalf of the Board until
the administrator's office is vacated under this section; and
(c) any
delegation made by the Board under this Act ceases to have effect.
(5) Subject to this
clause, an administrator—
(a)
must, as soon as practicable after appointment as such, take into the custody
or under the control of the administrator all the property and things in
action to which the Board is, or appears to be, entitled; and
(b) may,
subject to and in accordance with any direction given to the administrator by
the Minister, perform the functions and exercise the powers of the Board in
such manner as the administrator thinks fit.
(6) The office of an
administrator becomes vacant if the administrator—
(a)
dies; or
(b)
resigns by written notice to the Governor; or
(c) is
convicted of an indictable offence; or
(d)
becomes bankrupt or applies to take the benefit of a law for the relief of
insolvent debtors; or
(e) is
subject to the revocation of his or her appointment under subclause (7).
(7) The Governor may,
for any reason that the Governor considers sufficient, revoke the appointment
of an administrator.
(8) Where the office
of administrator becomes vacant under subclause (6), the Governor may, by
instrument in writing, appoint another person to fill the vacancy.
(9) An administrator
will be paid such remuneration, allowances and expenses (if any) as the
Governor may determine.
The expenses of or incidental to the administration of the Board by an
administrator are payable by the Board.
5—Liability for losses incurred during administration
An administrator of the Board is not liable for any loss incurred by the Board
during office as such unless the loss is attributable to—
(a)
misconduct; or
(b)
negligence; or
(c)
wilful failure to comply with a provision of this Act.
6—Termination of administration
If the Minister recommends to the Governor that the appointment of an
administrator should be revoked, the Governor may act accordingly and on any
such revocation—
(a)
the Board will be reconstituted as provided by Part 2 and in accordance with
the regulations; and
(b)
the Board will again perform its functions and exercise its powers as provided
by this Act.