VICIn ForceAct
Emergency Services Superannuation Act 1986
8Vacancies on Board
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8 Vacancies on Board
(1) A member of the Board ceases to be a member if that person—
(a) becomes bankrupt; or
(b) is absent, without leave first granted by the Board, from three consecutive meetings of which reasonable notice has been given to that member personally or by post; or
S. 8(1)(c) repealed by No. 110/1993 s. 139, new s. 8(1)(c) inserted by No. 4/1996 s. 6.
(c) is convicted of an offence against a law of the State of Victoria or a law of the Commonwealth or of another State or of a Territory, being an offence in respect of dishonest conduct; or
S. 8(1)(d) substituted by No. 94/2005 s. 10(1).
(d) being a contributor member of the Board, ceases to be a contributor; or
S. 8(1)(da) inserted by No. 94/2005 s. 10(1), repealed by No. 32/2025 s. 5(1).
S. 8(1)(db) inserted by No. 94/2005 s. 10(1).
(db) becomes permanently incapable of performing the duties of office; or
S. 8(1)(e) amended by No. 61/2013 s. 4.
(e) resigns office by writing signed and addressed to the Minister.
S. 8(2) substituted by Nos 84/1998 s. 6, 37/2007 s. 4, 32/2025 s. 5(2).
(2) As soon as practicable after a vacancy arises on the Board because a member appointed to the Board under section 7 dies or otherwise ceases to be a member of the Board, the Governor in Council must appoint another person as a member of the Board.
S. 8(3) repealed by No. 84/1998 s. 6, new s. 8(3) inserted by No. 37/2007 s. 4, substituted by No. 32/2025 s. 5(2).
(3) A person appointed to fill a vacancy on the Board must be elected or nominated for appointment in the same manner as the member who created the vacancy.
S. 8(3A)(3B) inserted by No. 37/2007 s. 4, repealed by No. 32/2025 s. 5(2).
S. 8(4) inserted by No. 49/1992 s. 36, substituted by No. 32/2025 s. 5(2).
(4) If the vacancy is created by a member of the Board appointed under section 7(1)(d), the Secretary must request one or more declared unions to nominate a person for appointment as a member of the Board.
S. 8(5) inserted by No. 32/2025 s. 5(2).
(5) A request by the Secretary under subsection (4) must be made—
(a) in accordance with the procedures determined by the Minister; and
(b) in the case of a vacancy created by the expiry of a member's term, at least 3 months before the expiry of the member's term; and
(c) in any other case, as soon as practicable after the Secretary becomes aware of the vacancy.
S. 8(6) inserted by No. 32/2025 s. 5(2).
(6) In this section—
***declared union*** has the same meaning as in section 7.
S. 9 substituted by No. 84/1998 s. 7,
amended by No. 41/2006 s. 28, substituted by No. 37/2007 s. 5, repealed by No. 32/2025 s. 6.
S. 9A
inserted by No. 37/2007 s. 5, repealed by No. 32/2025 s. 6.