Part SCHEDULE 1 - Provisions with R - Judicial Commissions Act 2024 - SCHEDULE 1 - Provisions with Respect to Membership of Council and Commissions | Zoe
appointing authority, in relation to a relevant member, means –
(a) if the relevant member is appointed by the Minister to the council under section 6(2)(c) or (d) – the Minister; and
(b) if the relevant member is appointed to the commission under section 15(1) – the council;
relevant member means –
(a) in relation to the council, a person appointed by the Minister to the council under section 6(2)(c) or (d) ; and
(b) in relation to a commission, a person appointed to the commission under section 15(1) .
2. Terms and conditions of appointment
(1) A relevant member is appointed for such a period, not exceeding 5 years, as is specified in the instrument of appointment for the member and, if eligible, may be reappointed.
(2) A relevant member is entitled to be paid such remuneration and allowances as are specified in the instrument of appointment for the member.
(3) A relevant member holds office on such terms and conditions as are specified in this Act and in the instrument of appointment for the member.
(4) A relevant member may not hold office as a member in conjunction with State Service employment.
3. Leave of absence
The appointing authority for a relevant member may grant a leave of absence to the relevant member, on such terms and conditions as the appointing authority determines.
4. Resignation
A relevant member may resign by signed notice, in writing, to the appointing authority for the relevant member.
5. Suspension or removal of member from office
(1) A relevant member may, at any time, be suspended or removed from office by the appointing authority for the relevant member.
(2) An appointing authority may only suspend or remove a relevant member from office under subclause (1) if the appointing authority is satisfied that the member –
(a) is incapable of properly performing the functions of the office; or
(b) is incompetent to perform, or has neglected to perform, the functions of the office; or
(c) is or has become bankrupt or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with the member's creditors or made an assignment of the member's remuneration or estate for their benefit; or
(d) has been convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a term of 12 months or longer or a fine of 300 penalty units or more; or
(e) has engaged in conduct, or has been found guilty of conduct or an attempt to engage in conduct, of such a nature that the appointing authority considers that the relevant member is unsuitable to continue to hold the office.
(3) A relevant member is not to be removed from that office other than in accordance with this clause.
(4) Nothing in this clause affects the removal of a council member from that office under section 6(4) or the removal of a commission member from that office under section 14(6) .
6. Acting members
(1) In the absence of a relevant member who is appointed by the Minister to the council under section 6(2)(c) or (d) , the Minister may appoint a person to act in the place of the relevant member, for a term not exceeding 6 months, if the person is eligible for appointment under section 6(2)(c) or (d) .
(2) Before appointing a person under this clause, the Minister must consult with the Chief Justice and the Chief Magistrate.
(3) Anything done by, or in relation to, a person purporting to act under this clause is not invalid solely on the grounds that –
(a) the occasion for the person's appointment had not occurred at the time of the appointment under this clause; or
(b) there is a defect or irregularity in connection with the person's appointment under this clause; or
(c) the person's appointment under this clause ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
SCHEDULE 2 - Consequential Amendments
The amendments effected by Section 65 and this Schedule have been incorporated into authorised versions of the following Acts: