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Emergency Services Superannuation Act 1986
7Membership of the Board
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7 Membership of the Board
S. 7(1) amended by No. 32/2025 s. 4(1)(a).
(1) The Board is to consist of 10 members appointed by the Governor in Council of whom—
S. 7(1)(a) amended by No. 37/2014 s. 10(Sch. item 54.2).
(a) 1 is to be a contributor elected by contributors who are employed under the **Victoria Police Act 2013** or by the employee organisations representing those contributors; and
S. 7(1)(b) amended by No. 20/2019 s. 168.
(b) 1 is to be a contributor elected by contributors who are officers or employees of Fire Rescue Victoria or persons appointed by the Country Fire Authority under section 17 of the **Country Fire Authority Act 1958** or by the employees of the unions representing those contributors; and
(c) 1 is to be a contributor elected by contributors who are employees appointed by Ambulance Services—Victoria under the **Ambulance Services Act 1986** or by any other ambulance service specified by the Minister under this Act and by contributors who are not employees referred to in paragraph (a) or (b); and
S. 7(1)(d) substituted by No. 32/2025 s. 4(1)(b).
(d) 2 are to be persons nominated by declared unions; and
S. 7(1)(e) amended by No. 32/2025 s. 4(1)(c).
(e) 5 are to be persons nominated by the Minister.
(2) The Governor in Council must appoint a member nominated under subsection (1)(e) to be the President of the Board.
S. 7(3)–(6) repealed by No. 32/2025 s. 4(2).
(7) A member of the Board is to be appointed for a term not exceeding 5 years as is specified in the member's instrument of appointment.
(8) Despite subsection (7), the term of office of an elected member of the Board may exceed 5 years but not 6 years if the member is elected to fill a casual vacancy in respect of a member who had an unexpired term of less than 1 year.
(9) A member of the Board is eligible for re‑appointment.
(10) Elections of members to the Board must be held in accordance with procedures determined by the Board.
(11) If there is no candidate at an election or no person is elected at an election, the Governor in Council may appoint a person to be a member who is approved by the Minister and recommended by the relevant employee organisation or union, although that person has not been elected.
S. 7(11A) inserted by No. 32/2025 s. 4(3).
(11A) For the purposes of subsection (1)(d), a nomination of a person for appointment as a member of the Board must—
(a) be made by one or more declared unions in accordance with the procedures determined by the Minister; and
(b) be approved by the Minister.
S. 7(11B) inserted by No. 32/2025 s. 4(3).
(11B) If the Minister does not approve a nomination of a person for appointment as a member of the Board under subsection (1)(d), a further nomination must be made in accordance with subsection (11A).
S. 7(11C) inserted by No. 32/2025 s. 4(3).
(11C) The Minister, by notice published in the Government Gazette, may declare an organisation that represents or is entitled to represent members of the Scheme to be a union that may nominate persons for appointment as members of the Board under subsection (1)(d).
(12) The Board is deemed to be the same body on and after as before the commencement of the **Superannuation Legislation (Governance Reform) Act 2005**.
(13) In this section and sections 8(1)(d) and 12—
***contributor*** means—
(a) a person who is a contributor within the meaning of section 3(1); or
(b) a person who is a member within the meaning of section 21;
***contributor member of the Board*** means a member of the Board under subsection (1)(a), (1)(b) or (1)(c);
S. 7(13) def. of *declared union* inserted by No. 32/2025 s. 4(4)(a).
***declared union*** means an organisation declared by the Minister under subsection (11C);
***member of the Scheme*** means—
(a) a person who is eligible to make contributions under the **State Superannuation Act 1988** and be the subject of contributions to the Scheme by an employing authority under that Act; or
(b) a person who is eligible to make contributions under the **State Employees Retirement Benefits Act 1979** and be the subject of contributions to the Scheme by an employer under that Act; or
(c) a person who is eligible to make contributions under the **Transport Superannuation Act 1988** and be the subject of contributions to the Scheme by a Transport Authority under that Act; or
(d) a person who is eligible to make contributions under the governing instrument of an administered scheme and be the subject of contributions by an employer under that governing instrument;
S. 7(13) def. of *Scheme member of the Board* repealed by No. 32/2025 s. 4(4)(b).