Part 2The South Australian Parliamentary Superannuation Board

Part 2—The South Australian Parliamentary Superannuation Board 8—The Board (1) The South Australian Parliamentary Superannuation Board is established. (2) The Board is a body corporate. (3) The Board has full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate. (4) Where a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Board. 9—The Board's membership (1) The Board consists of the following members: (a) the President for the time being of the Legislative Council; and (b) the Speaker for the time being of the House of Assembly; and (c) a person appointed by the Governor on the nomination of the Treasurer. (2) Subject to subsection (3), a person, upon ceasing to hold the office of President of the Legislative Council or Speaker of the House of Assembly, will continue as a member of the Board until his or her successor is appointed to that office. (3) A member of the Board referred to in subsection (2) may resign from membership of the Board if he or she has ceased to be a member of Parliament. (4) The office of the member of the Board appointed by the Governor becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Treasurer; or (d) is removed from office by the Governor on the ground of— (i) mental or physical incapacity to carry out official duties satisfactorily; or (ii) neglect of duty; or (iii) misconduct. (5) The Governor may appoint a person to fill a casual vacancy in the membership of the Board and a person so appointed will hold office as a member of the Board until the office is filled pursuant to subsection (1). 10—Procedure at meetings of Board (1) Subject to subsection (2), the Board may act notwithstanding vacancies in its membership. (2) Two members constitute a quorum for a meeting of the Board. (3) A decision in which a majority of the members of the Board present at a meeting concur is a decision of the Board. (3a) A conference by telephone or other electronic means between members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Board for that purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (3b) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if— (a) notice of the proposed resolution is given to all members in accordance with procedures determined by the Board; and (b) a majority of the members express concurrence in the proposed resolution by letter, email or other written communication setting out the terms of the resolution. (4) Subject to this Act, the Board may determine its own procedures. 11—Availability of Public Service employees The Board may, with the approval of a Minister responsible for a particular administrative unit of the Public Service, make use of the staff or facilities of that administrative unit. 11A—Delegation by Board (1) The Board may delegate any of the Board's powers or functions under this Act (except this power of delegation) to any person or body. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be conditional or unconditional; and (c) is revocable at will and does not derogate from the power of the Board to act in any matter. 12—Report (1) The Board must, on or before 30 September in each year, submit a report to the Treasurer on the operation of this Act during the financial year ending on 30 June in that year. (2) The Treasurer must have copies of the report laid before both Houses of Parliament.