Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 18]
[Heading amended by No. 19 of 2010
s. 4.]
(1) Except as
otherwise provided by this Act, an appointed member holds office for the term,
not exceeding 3 years, that is specified in the instrument of his or her
appointment, but may from time to time be re-appointed.
(2) Unless his or her
office becomes vacant under clause 2, an appointed member continues in
office until his or her successor comes into office, despite the fact that the
term for which the member was appointed has expired.
2 . Resignation, termination etc.
(1) The office of an
appointed member becomes vacant if —
(a) he
or she resigns the office by written notice addressed to the Minister; or
(b) he
or she is, according to the Interpretation Act 1984 section 13D, a
bankrupt or a person whose affairs are under insolvency laws; or
(c) his
or her appointment is terminated by the Minister.
(2) The Minister may
at his or her discretion terminate the appointment of an appointed member at
any time.
[Clause 2 amended by No. 18 of 2009
s. 84.]
(1) If an appointed
member other than the chairperson is unable to act by reason of sickness,
absence or other cause, the Minister may appoint another person to act
temporarily in his or her place and, while so acting according to the tenor of
his or her appointment, that other person is deemed to be a member.
(2) If an appointed
member is the deputy chairperson and is performing the functions of the
chairperson, the Minister may, under subclause (1), appoint another
person to act in his or her place as member.
(3) No act or omission
of a person acting in place of another under this clause is to be questioned
on the ground that the occasion for his or her appointment or acting had not
arisen or had ceased.
(4) The appointment of
a person as a temporary member may be terminated at any time by the Minister.
(1) The Minister is to
appoint a member to be the deputy chairperson of the Committee.
(2) The office of
deputy chairperson becomes vacant if —
(a) the
person holding the office resigns the office by notice in writing to the
Minister;
(b) the
person holding the office ceases to be a member; or
(c) the
Minister declares the office to be vacant.
(3) During any vacancy
in the office of chairperson, or while he or she is unable to act by reason of
sickness, absence or other cause, the deputy chairperson is to perform the
functions of the chairperson.
(4) No act or omission
of the deputy chairperson acting as the chairperson is to be questioned on the
ground that the occasion for his or her so acting had not arisen or had
ceased.
(1) The first meeting
of the Committee is to be convened by the chairperson and subsequently,
subject to subclause (2), meetings are to be held at the times and places
that the Committee determines.
(2) A special meeting
of the Committee may at any time be convened by the chairperson.
(3) The chairperson is
to preside at all meetings of the Committee at which he or she is present.
(4) If both the
chairperson and the deputy chairperson are absent from a meeting the members
present are to appoint one of their number to preside.
(5) A quorum for a
meeting of the Committee is 6 members.
(6) At any meeting of
the Committee the chairperson, deputy chairperson or other person presiding is
to have a deliberative vote and, in the case of an equality of votes, is also
to have a casting vote.
(7) The Committee is
to cause accurate minutes to be kept of the proceedings at its meetings.
[Clause 5 amended by No. 7 of 2006
s. 16(1).]
The Committee may from
time to time appoint sub-committees of members, or members and other persons,
as it thinks fit, and may discharge or alter any sub-committee so appointed.
7 . Telephone and video meetings
Despite anything in
this Schedule, a communication between members constituting a quorum under
clause 5(5) by telephone or audiovisual means is a valid meeting of
members, but only if each participating member is capable of communicating
with every other participating member instantaneously at all times during the
proceedings and the subject matter under consideration is not being considered
for the first time.
[Clause 7 inserted by No. 7 of 2006
s. 16(2).]
7A . Resolution may be passed without meeting
(1) If —
(a) a
document containing a statement to the effect that an act, matter or thing has
been done or a resolution has been passed is sent or given to all members; and
(b) the
document is assented to by all members,
that act, matter,
thing or resolution is to be taken as having been done at or passed by a
meeting of the Committee.
(2) For the purposes
of subclause (1) —
(a) the
meeting is to be taken as having been held —
(i)
if the members assented to the document on the same
day — on the day on which the document was assented to and at the
time at which the document was last assented to by a member; or
(ii)
if the members assented to the document on different
days — on the day on which, and at the time at which, the document
was last assented to by a member;
(b) 2 or
more separate documents in identical terms each of which is assented to by one
or more members are to be taken to constitute one document; and
(c) a
member may signify assent to a document —
(i)
by signing the document; or
(ii)
by notifying the chairperson of the member’s assent
in person or by post, facsimile transmission, telephone, email or other method
of written, electronic, audio or audiovisual communication.
(3) Where a member
signifies assent to a document otherwise than by signing the document, the
member must by way of confirmation sign the document at the next meeting of
the board attended by the member, but failure to do so does not invalidate the
act, matter, thing or resolution to which the document relates.
(4) Where a document
is assented to in accordance with subclause (1), the document is to be
taken as a minute of a meeting of the Committee.
[Clause 7A inserted by No. 7 of 2006
s. 16(2).]
The Committee may
grant leave of absence to a member on the terms and conditions that the
Committee thinks fit.
9 . Committee to determine own procedures
Subject to this Act,
the Committee is to determine its own procedures.
[Schedule 2 omitted under the Reprints Act 1984 s. 7(4)(e).]
