Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 4(4)]
[Heading amended by No. 19 of 2010
s. 4.]
1 . Public service officer may be member of a
Tribunal
(1) An officer of the
Public Service may be appointed to be a member of a Tribunal.
(2) The provisions of
Part 3 of the Public Sector Management Act 1994 do not apply to or
in respect of —
(a) the
appointment of a person to the panel established under section 6(3); or
(b) the
selection of a person from that panel to be a member of a Tribunal; or
(c) a
member of a Tribunal, in that capacity.
(3) A member of the
Tribunal who is an officer of the Public Service is entitled to be paid from
the funds of the Tribunal such travelling and subsistence allowances as the
Minister, after consultation with the Public Sector Commissioner, may from
time to time determine.
[Clause 1 amended by No. 32 of 1994
s. 19; No. 39 of 2010 s. 89.]
A person who is
appointed as Chairperson or to a panel established under section 6(3)
(other than a person who is an officer of the Public Service) is entitled to
be paid from the funds of the Tribunal such remuneration (if any) and
allowances as the Minister, after consultation with the Public Sector
Commissioner, may from time to time determine.
[Clause 2 amended by No. 39 of 2010
s. 89.]
3 . Eligibility for, and vacation of, office and
conditions of appointment
[(1) deleted]
(2) A person is not
eligible for appointment as, and shall cease to be eligible to hold the office
of, Chairperson or a member if the person is or becomes —
(a) a
bookmaker or a bookmaker’s clerk; or
(b) the
trainer of a greyhound, thoroughbred or pacer; or
(c)
whether professionally or not, a rider in races for thoroughbreds or a driver
in races for pacers; or
(d) a
director of RWWA or a member of staff of RWWA.
(3) A person who holds
office as the Chairperson or is appointed to the panel established under
section 6(3) shall cease to hold that office —
(a) when
the term for which that person was appointed expires; or
(b) when
that person dies; or
(c) if
that person is not, or ceases to be, eligible to hold office as a member; or
(d) if
removed from office by the Minister under clause 4.
(4) Where a person who
holds office as Chairperson or who is appointed to the panel —
(a) by
the operation of this Schedule, ceases to hold that office; or
(b) by
notice in writing delivered to the Minister, resigns that office,
the office becomes
vacant.
(5) Subject to
subclause (4), a person who is appointed to be the Chairperson, or to the
panel established under section 6(3), shall hold that office for such
term not exceeding 3 years as is, and in accordance with such conditions
as are, specified in the instrument of appointment and, upon expiration of
that term, is eligible for reappointment.
[Clause 3 amended by No. 42 of 1997
s. 8; No. 23 of 1998 s. 20; No. 35 of 2003 s. 192.]
The Minister may
remove the Chairperson or a person eligible to be a member from that
office —
(a) if,
in the opinion of the Minister, that person —
(i)
has contravened section 7(1) or (2) or a condition
specified in the instrument of appointment; or
(ii)
is or becomes ineligible to hold the office; or
(iii)
is guilty of —
(A) incompetence; or
(B) misconduct;
or
(iv)
is, by reason of impairment within the meaning of Part
IVA of the Equal Opportunity Act 1984 , unable to carry out
satisfactorily the duties of the office;
or
(b) if
the person is, according to the Interpretation Act 1984
section 13D, a bankrupt or a person whose affairs are under insolvency
laws; or
(c) if
the person was absent from 3 consecutive meetings of a Tribunal, being a
Tribunal in relation to which reasonable notice of the appointment or
selection of that person as a member had been given to that person, either
personally or in the ordinary course of post, and that person had not
requested from, and been granted by, the Minister leave of absence.
[Clause 4 amended by No. 18 of 2009
s. 72.]
5 . Validity of proceedings etc.
(1) No act or
proceeding of a Tribunal, or of any person acting pursuant to any direction of
a Tribunal, is, invalidated or prejudiced by reason only —
(a) that
as at the time the Tribunal was constituted —
(i)
there was a defect in the appointment of any member of
that Tribunal; or
(ii)
a member of the Tribunal was a person who was
disqualified from acting as, or was incapable of being, a member of that
Tribunal;
or
(b) that
after the Tribunal was constituted a vacancy occurred in the membership of the
Tribunal,
and effect shall be
given to any such act or proceeding as if the Tribunal had been properly
constituted.
In any proceedings
before or in relation to the Tribunal, unless evidence is given to the
contrary, no proof shall be required of —
(a) the
constitution of the Tribunal; or
(b) any
resolution of the Tribunal; or
(c) the
appointment of any member of the Tribunal.
