8Vacancies on Board

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consecutive meetings of which reasonable notice has been given to that member personally or by post; or S. 8(1)(c) repealed by No. 110/1993 s. 139, new s. 8(1)(c) inserted by No. 4/1996 s. 6.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being a contributor member of the Board, ceases to be a contributor; or S. 8(1)(da) inserted by No. 94/2005 s. 10(1), repealed by No. 32/2025 s. 5(1).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 S. 8(3) repealed by No. 84/1998 s. 6, new s. 8(3) inserted by No. 37/2007 s. 4, substituted by No. 32/2025 s. 5(2).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 S. 8(3A)(3B) inserted by No. 37/2007 s. 4, repealed by No. 32/2025 s. 5(2).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.