Western Australian Consolidated Acts

DISABILITY SERVICES ACT 1993 - SCHEDULE 5

[s. 22(3)]

        [Heading inserted by No. 57 of 2004 s. 34(1).]

1 .         Tenure of office

        (1)         A member of the Council — 

            (a)         holds office for such term not exceeding 2 years as is specified in the instrument appointing the member;

            (b)         may be reappointed for a further term but is not to hold office for more than 2 consecutive terms unless subclause (1a) applies; and

            (c)         may resign from office by notice in writing delivered to the Minister.

        (1a)         Despite subclause (1)(b), a member of the Council may be reappointed for a third consecutive term if the Minister wishes to appoint that member to be the chairperson under clause 2(1).

        (2)         The Minister may terminate the appointment of a member — 

            (a)         if, in the opinion of the Minister, the member is unable, through illness or absence from the State, to perform the functions of the office;

            (b)         if, in the opinion of the Minister, the member misbehaves, neglects his or her duties or is incompetent;

            (c)         if the member is an insolvent under administration, as that expression is defined in the Corporations Act 2001 of the Commonwealth;

            (d)         if the member is absent, without leave and without reasonable excuse, from 3 consecutive meetings of the Council of which the member has had notice; or

            (e)         for any other act or omission that in the opinion of the Minister may adversely affect the functioning of the Council.

        [Clause 1 amended by No. 10 of 2001 s. 220; No. 57 of 2004 s. 34(2) and (3).]

2 .         Chairperson

        (1)         The Minister is to appoint one of the members of the Council to be the chairperson.

        (2)         The Council is to elect one member to be the deputy chairperson.

        (3)         The deputy chairperson is to perform the functions of the chairperson when the chairperson is unable to do so by reason of illness, absence or other cause, or when the office of chairperson is vacant.

3 .         Meetings

        (1)         The Council, subject to this Schedule, is to determine the procedure for convening and conducting its meetings.

        (2)         At a meeting of the Council — 

            (a)         the chairperson, or in his or her absence the deputy chairperson, is to preside; or

            (b)         in the absence of both of those members, a member elected by the members present is to preside.

        (3)         The Council must keep minutes of its meetings.

4 .         Remuneration

                A member of the Council is entitled to such remuneration and allowances as are determined by the Minister from time to time on the recommendation of the Public Sector Commissioner.

        [Clause 4 amended by No. 44 of 1999 s. 26; No. 39 of 2010 s. 89.]

[Schedule 6 omitted under the Reprints Act 1984 s. 7(4)(e).]