326Application of ss 196A, 222, 223 and 227 to particular

326 Application of ss 196A, 222, 223 and 227 to particular prohibition orders (1) This section applies in relation to a prohibition order that is— (a) a decision by a responsible tribunal of this jurisdiction under section 196 (4) (c); or (b) a decision by a responsible tribunal of another participating jurisdiction under section 196 (4) (c) as it applies in the other (2) Sections 196A, 222, 223 and 227 apply in relation to the prohibition order even if the order was made before the commencement.

(Section 29) 1 Definitions In this Schedule— Chairperson means the Chairperson of the Agency Board. member means a member of the Agency Board.

2 Terms of office of members Subject to this Schedule, a member holds office for the period (not exceeding 3 years) specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for reappointment. 3 Remuneration A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Ministerial Council may from time to time determine with respect to the member. 4 Vacancy in office of member (1) The office of a member becomes vacant if the member— (a) completes a term of office; or (b) resigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or (c) is removed from office by the Chairperson of the Ministerial Council under this clause; or (d) is absent, without leave first being granted by the Chairperson of the Agency Board, from 3 or more consecutive meetings of the Agency Board of which reasonable notice has been given to the member personally or by post; or (e) dies.

(2) The Chairperson of the Ministerial Council may remove a member from office if— (a) the member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or (b) the member, as a result of the member’s misconduct, impairment or incompetence— (i) ceases to be a registered health practitioner; or (ii) if the member is registered in more than one health profession—ceases to be registered in either or any of the (c) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration for their benefit; or (d) the Agency Board recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed or is unable to properly exercise the member’s functions as a member. (3) In addition, the Chairperson of the Ministerial Council may remove the Chairperson of the Agency Board from office as a member if the Chairperson of the Agency Board becomes a registered health

5 Vacancies to be advertised (1) Before the Ministerial Council appoints a member of the Agency Board, the vacancy to be filled is to be publicly advertised. (2) It is not necessary to advertise a vacancy in the membership of the Agency Board before appointing a person to act in the office of a Note The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of the Agency Board.