QLDIn ForceAct
Health Practitioner Regulation National Law Act 2009
sch-sec.4-oc.2Vacancy in office of member
Start here
Get a plain-English read of sch-sec.4-oc.2
Turn the raw legal text into a practical explanation grounded in Health Practitioner Regulation National Law Act 2009.
### sch-sec.4-oc.2 Vacancy in office of member
The office of a member becomes vacant if the member—
completes a term of office; or
resigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or
is removed from office by the Chairperson of the Ministerial Council under this clause; or
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
dies.
The Chairperson of the Ministerial Council may remove a member from office if—
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
the member, as a result of the member’s misconduct, impairment or incompetence—
ceases to be a registered health practitioner; or
if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions.
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
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.
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 practitioner.
sch sch 2 s 4 amd 2017 No. 32 s 53 ; 2022 No. 22 s 50 (4)
(sch-sec.4-oc.2-ssec.1) The office of a member becomes vacant if the member— completes a term of office; or resigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or is removed from office by the Chairperson of the Ministerial Council under this clause; or 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 dies.
(sch-sec.4-oc.2-ssec.2) The Chairperson of the Ministerial Council may remove a member from office if— 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 the member, as a result of the member’s misconduct, impairment or incompetence— ceases to be a registered health practitioner; or if the member is registered in more than one health profession—ceases to be registered in either or any of the health professions. 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 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.
(sch-sec.4-oc.2-ssec.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 practitioner.
- (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.
- (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 health professions.
- (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 health professions.
- (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.
- (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 health professions.