South Australian Consolidated Acts

LOCAL GOVERNMENT ACT 1999 - SECT 16

16—Conditions of membership

        (1)         A member of the Panel is appointed on terms (including as to term of office) and conditions determined by the Governor (and, at the expiration of a term of office, is eligible for reappointment).

        (2)         The Governor may remove a member of the Panel from office—

            (a)         for breach of, or non-compliance with, a term or condition of appointment; or

            (b)         for misconduct; or

            (c)         for failure or incapacity to carry out duties satisfactorily; or

            (d)         if the Panel has, in the opinion of the Governor, failed to function effectively and the Panel's membership should therefore (in the Governor's opinion) be reconstituted for that reason.

        (3)         The office of a member of the Panel becomes vacant if the member—

            (a)         dies; or

            (b)         completes a term of office and is not reappointed; or

            (c)         resigns by written notice to the Minister; or

            (d)         is convicted of an indictable offence punishable by imprisonment; or

            (e)         is removed from office under subsection (2).

        (4)         Subsection (3)(d) does not take effect until the period for appealing against the conviction has expired or, if there is an appeal, until the appeal is determined.

        (5)         A member of the Panel is disqualified from acting as such, or continuing to act as such, in a matter before the Panel if—

            (a)         the member is, or becomes, a member, officer or employee of a council involved in the matter; or

            (b)         the member holds, or accepts, other remunerated office with such a council; or

            (c)         the member is, or becomes, interested (directly or indirectly) in a contract with such a council.

        (6)         A member will not be regarded as having an interest in a contract with a council if the interest exists only by reason of the fact that the member is a shareholder in a company with 20 or more shareholders that is a party to, or otherwise interested in, the contract.

        (7)         If a casual vacancy occurs in the office of a member of the Panel, the Minister may appoint a suitable person to fill the vacancy (subject to the qualification that a person appointed under this subsection to fill the vacancy of a person nominated by the LGA will be selected from a panel of two persons nominated by that body).