Dog and Cat Management Act 1995
Div 2Membership of Board and procedures
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Division 2—Membership of Board and procedures 12—Composition of Board (1) The Board consists of 7 members appointed by the Minister, of whom— (a) 3 will be nominated by the LGA; and (b) 3 will be nominated by the Minister; and (c) one, to chair the Board, will be jointly nominated by the LGA and the Minister. (2) The members of the Board nominated by the LGA under subsection (1)(a) must together have the following attributes: (a) practical knowledge of and experience in local government, including local government processes, community consultation and the law as it applies to local government; (b) experience in the administration of legislation; (c) experience in financial management; (d) experience in education and training. (2a) The members of the Board nominated by the Minister under subsection (1)(b) must together have the following attributes: (a) experience in state government processes and the administration of legislation; (b) veterinary experience in the care and treatment of dogs or cats; (c) a demonstrated interest in the welfare of dogs or cats; (d) a demonstrated interest in the keeping and management of dogs or cats; (e) experience in community health or medicine. (2b) The person nominated to chair the Board must, in the opinion of the LGA and the Minister, have the abilities and experience required to promote the effective performance of the Board and its functions. (3) If the LGA fails to nominate a person within 8 weeks of a written request for the nomination from the Minister, the Minister may appoint a person nominated by the Minister and that person will be taken to have been duly appointed as a member of the Board. (4) At least one member of the Board must be a woman and one a man. 13—Deputies of members (1) The Minister may appoint a person to be the deputy of a member of the Board and to act as a member of the Board during any period of absence of the member (and a reference in this Act to a member of the Board will be taken to include, unless the contrary intention appears, a reference to a deputy while acting as a member of the Board). (2) The appointment of a deputy is subject to the same nomination requirements as the appointment of the member. 14—Conditions of membership (1) A member of the Board— (a) is appointed on conditions determined by the Minister; and (b) is appointed for a term, not exceeding 3 years, specified in the instrument of appointment; and (c) is, at the expiration of a term of appointment, eligible for reappointment. (2) The Minister may at any time remove a member of the Board from office after consultation with the LGA. (3) The office of a member of the Board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is convicted of an indictable offence or sentenced to imprisonment for an offence; or (e) is removed from office under subsection (2). (4) If the office of a member of the Board becomes vacant for some reason other than the expiry of the term of office of the member, a person nominated for appointment to the office under section 12 will be appointed to fill the vacancy and to hold office, subject to this Act, for the remainder of the term. 15—Vacancies or defects in appointment of members An act of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 16—Remuneration A member of the Board is entitled to remuneration, allowances and expenses determined by the Minister. 17—Proceedings (1) A quorum of the Board consists of 4 members. (2) The member appointed to chair the Board will preside at meetings of the Board at which he or she is present. (3) If the member appointed to chair the Board is absent from a meeting of the Board, the following provisions apply: (a) if another person has been appointed as that member's deputy and is present at the meeting—the deputy will preside at the meeting; (b) in any other case—a member chosen by the members present at the meeting will preside at the meeting. (4) A decision carried by a majority of the votes cast by members at a meeting is a decision of the Board. (5) Each member present at a meeting of the Board has one vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (6) The Board must cause accurate minutes to be kept of its proceedings. (7) Subject to this Act, the Board may determine its own procedures. 18—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with the other Board members, or persons engaged in or associated with dog or cat management generally, or a substantial section of those engaged in or associated with dog or cat management. 19—Common seal and execution of documents (1) The common seal of the Board must not be affixed to a document except in pursuance of a decision of the Board, and the affixing of the seal must be attested by the signatures of 2 members. (2) The Board may, by instrument under the common seal of the Board, authorise a person (whether or not a member or employee of the Board and whether nominated by name or by office or title) to execute documents on behalf of the Board subject to conditions and limitations (if any) specified in the instrument of authority. (3) Without limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of the Board. (4) A document is duly executed by the Board if— (a) the common seal of the Board is affixed to the document in accordance with this section; or (b) the document is signed on behalf of the Board by a person or persons in accordance with an authority given under this section.