Police Superannuation Act 1990
Div 1The Board
Start here
Get a plain-English read of Div 1
Turn the raw legal text into a practical explanation grounded in Police Superannuation Act 1990.
Division 1—The Board 5—The Board (1) The Police 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. 6—Function of the Board The Board is responsible to the Minister for all aspects of the administration of this Act except the management and investment of the Fund. 7—The Board's membership (1) The Board consists of the following members: (a) a presiding member (who must not be a police officer) appointed by the Governor; and (b) two members (who must be police officers) appointed by the Governor on the nomination of the Police Association of South Australia; and (c) two members appointed by the Governor on the Minister's nomination. (3) The Governor may appoint a deputy to a member of the Board and the deputy may, in the absence or during a temporary vacancy in the office of that member, act as a member of the Board. (4) Subject to subsection (5), a member of the Board will be appointed for a term of three years. (5) A member appointed to fill a casual vacancy will be appointed for the balance of the term of his or her predecessor. (6) The office of a member of the Board 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 Minister; 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. 8—Procedure at meetings of the Board (1) A meeting will be chaired by the presiding member or, in his or her absence, by a member chosen by those present. (2) Subject to subsection (3), the Board may act despite vacancies in its membership. (3) Three members constitute a quorum for a meeting of the Board. (4) A decision in which a majority of the members present at a meeting concur is a decision of the Board. (5) Subject to this Act, the Board may determine its own procedures. (6) The Board must keep minutes of its proceedings. 9—Staff of the Board (1) The Board may, with the Minister's approval, appoint staff to assist it in carrying out its responsibilities under this Act. (2) A person appointed under subsection (1) is not a Public Service employee. (3) 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. 9A—Delegation by the 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) does not derogate from the power of the Board to act in any matter; and (d) is revocable at will by the Board.