SCHEDULE 2 - Membership and MeSCHEDULE 2 - Membership and Meetings of Board

# SCHEDULE 2 - Membership and Me SCHEDULE 2 - Membership and Meetings of Board [Section 62(4)](#GS62@Gs4@EN) > **1.   **Interpretation**** > > > In this Schedule, > > > > > ***member*** means a member of the Board. > **2.   **Term of office**** > > > A member is to be appointed for such period, not exceeding 3 years, as is specified in the member’s instrument of appointment. > **3.   **Holding other office**** > > > > (1) The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from – > > > > > > > > (a) holding that office and the office of a member; or > > > > > > > > > (b) accepting any remuneration payable to a member. > > > > > (2) [*\[Schedule 2 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja30@GC4@EN) A State Service officer or State Service employee may hold office as a member of the Board in conjunction with State Service employment. > **4.   **Conditions of appointment**** > > > A member holds office on such terms and conditions not provided for in this Act as are determined by the Governor. > **5.   **Remuneration of members**** > > > > (1) Subject to [subclause (2)](#JS2@GC5@Gc2@EN) , the members are entitled to be paid such remuneration, allowances and expenses as the Governor determines. > > > > > (2) [*\[Schedule 2 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja30@GC4@EN) A member who is a State Service officer or State Service employee is not entitled to be paid remuneration under [subclause (1)](#JS2@GC5@Gc1@EN) unless the Head of the State Service Agency in which the officer or employee is employed has approved the payment. > **6.   **Vacation of office**** > > > > (1) A member vacates office if the member – > > > > > > > > (a) dies; or > > > > > > > > > (b) resigns; or > > > > > > > > > (c) is removed from office under [subclause (2)](#JS2@GC6@Gc2@EN) or [(3)](#JS2@GC6@Gc3@EN) . > > > > > (2) The Governor may remove a member from office if the Governor is satisfied that the member – > > > > > > > > (a) has been absent from 3 or more consecutive meetings of the Board without the leave of the Board; or > > > > > > > > > (b) has become bankrupt, applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with the member’s creditors or made an assignment of the member’s remuneration or estate for their benefit; or > > > > > > > > > (c) has been convicted, whether in this State or elsewhere, of an offence of such a nature that, in the opinion of the Governor, renders it inappropriate for the member to continue to be a member; or > > > > > > > > > (d) in the case of the legal member, has, whether in this State or elsewhere – > > > > > > > > > > > > (i) been suspended from practice; or > > > > > > > > > > > > > (ii) [*\[Schedule 2 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja18@GC3@EN) had the member’s name removed from an Australian roll within the meaning of the [Legal Profession Act 2007](/view/html/inforce/2026-04-12/act-2007-024) . > > > > > (3) The Governor may remove a member from office if satisfied that the member – > > > > > > > > (a) is unable to perform adequately or competently the duties of office; or > > > > > > > > > (b) has misconducted himself or herself in the performance of the duties of office or otherwise in relation to the member’s profession or calling. > **7.   **Deputy of chairperson of Board**** > > > > (1) The Minister may appoint a person to be the deputy of the chairperson of the Board and the deputy so appointed holds office for such period as the Minister determines. > > > > > (2) [*\[Schedule 2 Amended by No. 17 of 2015, s. 5, Applied:01 Aug 2015\]*](/view/html/inforce/2015-08-01/act-2015-017#GS5@EN) If a member of the Board is absent from a meeting of the Board – > > > > > > > > (a) the deputy of the chairperson is entitled to attend the meeting and, when so attending, is taken to be a member of the Board; and > > > > > > > > > (b) in the case where the chairperson of the Board is absent, the deputy of the chairperson is taken to be the chairperson. > > > > > (3) During a vacancy in the office of the chairperson of the Board, the person who holds office as deputy of the chairperson is taken to be a member of, and the chairperson of, the Board. > **8.   **Deputy members**** > > > > (1) The Minister may appoint persons to be deputy members of the Board, and a deputy member so appointed holds office for such period as the Minister determines. > > > > > (2) A deputy member of the Board is entitled to attend a meeting of the Board if a member is absent from that meeting and, when so attending, is taken to be a member of the Board. > > > > > (3) During a vacancy in the office of a member of the Board, the chairperson of the Board may nominate a deputy member to fill that vacancy and the deputy member is taken to be a member of the Board. > **9.   **Convening of meetings**** > > > The Board is to meet at such times and at such places as the chairperson or the deputy of the chairperson decides. > **10.   **Chairperson**** > > > > (1) The chairperson of the Board is to preside at all meetings of the Board at which the chairperson is present. > > > > > (2) If the chairperson of the Board is not present at a meeting of the Board, the deputy of the chairperson is to preside at the meeting. > **11.   **Procedure at meetings**** > > > > (1) Three members constitute a quorum at a meeting. > > > > > (2) Any meeting of the Board at which a quorum is present is competent to conduct any business of the Board. > > > > > (3) [*\[Schedule 2 Amended by No. 27 of 2018, s. 5, Applied:01 Jul 2019\]*](/view/html/inforce/2019-07-01/act-2018-027#GS5@EN) At a meeting of the Board – > > > > > > > > (a) a question is decided by a majority of votes of the members present and voting; and > > > > > > > > > (b) the member presiding has a deliberative vote and, in the event of an equality of votes, also a casting vote. > > > > > (4) The Board is not bound by the rules of evidence and may inform itself in any manner it thinks fit. > **12.   **Minutes**** > > > The Board is to cause full and accurate minutes of its proceedings at meetings to be kept. > **13.   **General procedure**** > > > Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Board is to be determined by the Board. > **14.   **Validity of proceedings**** > > > > (1) An act or proceeding of the Board or of a person acting under the direction of the Board is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Board. > > > > > (2) An act or proceeding of the Board or of a person acting under the direction of the Board is valid even if – > > > > > > > > (a) the appointment of a member or deputy member was defective; or > > > > > > > > > (b) a person appointed as a member or deputy member was disqualified from acting as, or incapable of being, such a member or deputy member. > **15.   **Presumptions**** > > > In any proceedings by or against the Board, unless evidence is given to the contrary, proof is not required of – > > > > > > (a) the constitution of the Board; or > > > > > > > (b) any resolution of the Board; or > > > > > > > (c) the appointment of any member; or > > > > > > > (d) the presence of a quorum at any meeting of the Board.