Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 15]
[Heading inserted by No. 33 of 1972
s. 31; amended by No. 19 of 2010 s. 4.]
(1) A member shall
hold and vacate office in accordance with the terms of the instrument under
which he is appointed, or until his term of tenure is terminated by the
Governor.
(2) A member may
resign his office by a written notice given under his hand to, and accepted
by, the Minister.
(3) A member who
ceases to hold office shall, unless otherwise disqualified, be eligible for
reappointment.
[Clause 1 inserted by No. 33 of 1972
s. 31.]
If a
member —
(a) is a
person in respect of whom an administration order is in force under
Part 6 of the Guardianship and Administration Act 1990 ; or
(b) is,
according to the Interpretation Act 1984 section 13D, a bankrupt or
a person whose affairs are under insolvency laws; or
(c) is
convicted of an indictable offence; or
(d) has
his appointment terminated by the Governor for inability, inefficiency or
misbehaviour,
his office becomes
vacant and he is not eligible for reappointment.
[Clause 2 inserted by No. 33 of 1972
s. 31; amended by No. 24 of 1990 s. 123; No. 18 of 2009
s. 43.]
(1) While taking the
place of a member a deputy has all the powers and entitlements of, and all the
protection given to, the member under this Act.
(2) Any reference in
this Act to a member shall be construed as including a reference to a deputy
taking the place of that member.
[Clause 3 inserted by No. 33 of 1972
s. 31.]
(1) A vacancy among
the membership shall not invalidate the proceedings of any meeting.
(2) All acts done at
any meeting shall, notwithstanding it is afterwards discovered that there was
some defect in the appointment or qualification of a person purporting to be a
member, be as valid as if that defect had not existed.
[Clause 4 inserted by No. 33 of 1972
s. 31.]
To constitute a
meeting there must be not less than one half of the members present.
[Clause 5 inserted by No. 33 of 1972
s. 31.]
5A . Telephone and video meetings
Despite anything in
this Schedule, a communication between members constituting a quorum under
clause 5 by telephone, audio-visual or other electronic means is a valid
meeting, but only if each participating member is capable of communicating
with every other participating member instantaneously at all times during the
proceedings.
[Clause 5A inserted by No. 24 of 2000
s. 18.]
(1) The Chairman shall
when present, preside at all meetings.
(2) Where the Chairman
is expected to be absent from 2 or more consecutive meetings or if he is ill
or otherwise incapacitated, the members present at any meeting may elect one
of their number acting Chairman during such absence, illness or incapacity.
(3) In the absence of
the Chairman, and where no acting Chairman has been elected, the Deputy
Chairman or Vice Chairman, if any, shall preside and in default the members
who are present at the meeting may elect one of their number to preside at
that meeting.
[Clause 6 inserted by No. 33 of 1972
s. 31.]
7 . Members with pecuniary interests
(1) A member who has a
direct or indirect pecuniary interest in any matter that is before the meeting
for consideration shall, as soon as possible after the relevant facts have
come to his knowledge, disclose the nature of his interest to the members
present at the meeting and such disclosure shall be recorded in the record of
the meeting.
(2) A member who has
disclosed his interest in any matter may take part in the consideration or
discussion, but shall not vote.
[Clause 7 inserted by No. 33 of 1972
s. 31.]
8 . Undisclosed pecuniary interests
(1) Where a member in
the opinion of the Chairman has a material pecuniary interest in any matter,
the Chairman may call upon the member to disclose the nature of his interest
and, in default of any such disclosure, may thereupon determine that such an
interest exists.
(2) Every
determination that a member is interested in any matter shall be recorded in
the record of proceedings of the meeting at which it is made.
(3) Where the Chairman
determines that a member has an undisclosed interest in any matter before the
meeting for consideration that member may take part in the consideration or
discussion but shall not vote.
[Clause 8 inserted by No. 33 of 1972
s. 31.]
(1) At any meeting all
members present who have not declared an interest shall vote on any question
submitted.
(2) All questions
shall be decided by a majority.
(3) Each member,
including the member presiding, shall have a deliberative vote only.
(4) In the case of an
equality of votes the question shall be declared to be negatived.
[Clause 9 inserted by No. 33 of 1972
s. 31.]
A record of the
proceedings of every meeting shall be kept in such manner as the Minister may
direct or approve, and shall be certified as correct by the member presiding
at that or the next succeeding meeting.
[Clause 10 inserted by No. 33 of 1972
s. 31.]
The Minister or the
Chairman may at any time convene a meeting, and a meeting shall be convened by
the Chairman within 7 days of the receipt by him of a written request
signed by 2 or more members specifying the business in respect of which the
meeting is to be convened.
[Clause 11 inserted by No. 33 of 1972
s. 31.]
(1) Committees, which
may consist of persons who are not members, and any person having relevant
experience, may be invited to act in an advisory capacity, but the delegation
of any matter to such a committee or person does not relieve the members of
responsibility.
(2) The provisions of
this Schedule, except in so far as the resolution establishing the committee
may otherwise direct, shall have effect in relation to a committee.
[Clause 12 inserted by No. 33 of 1972
s. 31.]
13 . Disputes etc. as to procedure etc.
In all cases of
dispute, doubt or difficulty respecting or arising out of matters of procedure
or order, or as to the determination of an interest, then the decision of the
Chairman shall be final and conclusive.
[Clause 13 inserted by No. 33 of 1972
s. 31.]
Subject to this Act
the proceedings may be regulated in such manner as the members think fit.
[Clause 14 inserted by No. 33 of 1972
s. 31.]
