SCHEDULE 6 - Provisions with rSCHEDULE 6 - Provisions with respect to membership and meetings of Nominal Insurer

# SCHEDULE 6 - Provisions with r SCHEDULE 6 - Provisions with respect to membership and meetings of Nominal Insurer *\[Schedule 6 Amended by No. 27 of 1993, s. 35 and Sched. 3 \]* [Section 122](#GS122@EN) > **1.   **Term of office**** > > > A member of the Nominal Insurer referred to in [section 122](#GS122@EN) [(1)](#GS122@Gs1@EN) shall be appointed for such period not exceeding 3 years, as is specified in the instrument of his appointment and shall be eligible for re-appointment from time to time for a term, not exceeding 3 years, specified in the instrument of his re-appointment. > **2.   **Provisions requiring devotion of whole of time to other duties**** > > > Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his time to the duties of his office under that Act, that provision shall not operate to disqualify him from holding that office and also the office of a member of the Nominal Insurer. > **3.   **Remuneration**** > > > A member of the Nominal Insurer is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine. > **4.    **[State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) not to apply**** > > > [*\[Schedule 6 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja172@GC11@EN) The [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) does not apply to, or in respect of, the appointment of a member of the Nominal Insurer and a member of the Nominal Insurer shall not, in his capacity as such a member, be subject to that Act during his term of office. > **5.   **Deputy chairperson and appointment of substitute to act in place of nominated members**** > > > > (1) [*\[Schedule 6 Amended by No. 48 of 2001, s. 9, Applied:01 Aug 2001\]*](/view/html/inforce/2001-08-01/act-2001-048#GS9@Hpa@EN) The Minister may appoint any person to act in the office of the chairperson of the Nominal Insurer while the chairperson is absent from his or her office through illness or any other cause. > > > > > (2) [*\[Schedule 6 Amended by No. 48 of 2001, s. 9, Applied:01 Aug 2001\]*](/view/html/inforce/2001-08-01/act-2001-048#GS9@Hpb@EN) The Minister may appoint any person to act in the office of a member of the Nominal Insurer, other than the chairperson, while that member is absent from his office through illness or any other cause. > > > > > (3) [*\[Schedule 6 Amended by No. 48 of 2001, s. 9, Applied:01 Aug 2001\]*](/view/html/inforce/2001-08-01/act-2001-048#GS9@Hpc@EN) A member of the Nominal Insurer shall, for the purposes of [subclause (2)](#JS1@GC5@Gc2@EN) , be deemed to be absent from his office if there is a vacancy in that office which has not been filled in accordance with [clause 6](#JS6@GC6@EN) . > > > > > (4) A person shall not be concerned to inquire whether or not any occasion has arisen requiring or authorizing a person to act in the office of a member of the Nominal Insurer, and all things done or omitted to be done by that person while so acting shall be as valid, and shall have the same consequences, as if they had been done or omitted to be done by that member. > **6.   **Filling of vacancies**** > > > [*\[Schedule 6 Amended by No. 48 of 2001, s. 9, Applied:01 Aug 2001\]*](/view/html/inforce/2001-08-01/act-2001-048#GS9@Hpd@EN) On the occurrence of a vacancy in the office of a member of the Nominal Insurer – > > > > > > (a) referred to in [section 122(1)(a)](#GS122@Gs1@Hpa@EN) , the Minister may appoint a person to the vacant office for the residue of his or her predecessor's term of office and the person appointed is to be a person selected by the Minister after consultation with the licensed insurers and self-insurers; and > > > > > > > (b) referred to in [section 122(1)(b)](#GS122@Gs1@Hpb@EN) , the Minister, after consultation with the Treasurer, may appoint a person to the vacant office for the residue of his or her predecessor's term of office; and > > > > > > > (c) referred to in [section 122(1)(c)](#GS122@Gs1@Hpc@EN) , the Minister may appoint a person to the vacant office for the residue of his or her predecessor's term of office. > **7.   **Vacation of office**** > > > > (1) A member of the Nominal Insurer shall be deemed to have vacated his office – > > > > > > > > (a) when he dies; > > > > > > > > > (b) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment of his remuneration or estate for their benefit; > > > > > > > > > (c) if he is absent from 3 consecutive ordinary meetings of the Nominal Insurer of which reasonable notice has been given to him, either personally or in the ordinary course of post, unless – > > > > > > > > > > > > (i) on leave granted by the Minister; or > > > > > > > > > > > > > (ii) before the expiration of 21 days after the last of those meetings, he is excused by the Minister for his absence from those meetings; > > > > > > > > > (d) [*\[Schedule 6 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999\]*](/view/html/inforce/1999-11-01/act-1996-032#JS1@Ja36@GC3@EN) if he becomes unable to perform competently the duties of the office; > > > > > > > > > (e) if he is convicted in Tasmania of a crime or an offence which is punishable by imprisonment for a period of not less than 12 months, or if he is convicted outside Tasmania of an offence which, if committed in Tasmania, would be a crime or an offence so punishable; > > > > > > > > > (f) if he is convicted of an offence against this Act; > > > > > > > > > (g) if he resigns his office by writing under his hand addressed to the Minister and the Minister accepts the resignation; or > > > > > > > > > (h) if he is removed from office by the Minister under [subclause (2)](#JS1@GC7@Gc2@EN) . > > > > > (2) The Minister may remove from office a member of the Nominal Insurer if the Minister is satisfied that the member – > > > > > > > > (a) has failed to comply with [section 124](#GS124@EN) ; or > > > > > > > > > (b) is unable to perform adequately the duties of his office. > > > > > (3) A member of the Nominal Insurer shall not be removed from office otherwise than in accordance with this clause. > **8.   **Validity of proceedings, &c.**** > > > > (1) No act or proceeding of the Nominal Insurer or of any person acting pursuant to any direction of the Nominal Insurer is invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken, or commenced, there was a vacancy in the membership of the Nominal Insurer. > > > > > (2) All acts and proceedings of the Nominal Insurer or of any person acting pursuant to any direction of the Nominal Insurer are, notwithstanding the subsequent discovery of any defect in the appointment of any member of the Nominal Insurer or that any person was disqualified from acting as, or incapable of being, a member of the Nominal Insurer, as valid as if the member had been duly appointed and was qualified to act, or capable of being, a member, and as if the Nominal Insurer had been fully constituted. > > > > > (3) Where a member of the Nominal Insurer, or any person acting pursuant to any direction of the Nominal Insurer, does or purports to do, or omits or purports to omit to do, any act or thing in good faith for the purpose of administering or executing this Act, he shall not be personally subjected to any action, liability, claim, or demand in respect of that act or omission. > **9.   **Presumptions**** > > > In any proceedings by or against the Nominal Insurer, unless evidence is given to the contrary, no proof shall be required of – > > > > > > (a) the constitution of the Nominal Insurer; > > > > > > > (b) any resolution of the Nominal Insurer; > > > > > > > (c) the appointment of any member of the Nominal Insurer; or > > > > > > > (d) the presence of a quorum at any meeting of the Nominal Insurer. > **10.   **Convening of meetings of the Nominal Insurer**** > > > [*\[Schedule 6 Amended by No. 48 of 2001, s. 9, Applied:01 Aug 2001\]*](/view/html/inforce/2001-08-01/act-2001-048#GS9@Hpe@EN) Meetings of the Nominal Insurer may be convened by the chairperson of the Nominal Insurer or by any 4 members of the Nominal Insurer. > **11.   **Procedure at meetings**** > > > > (1) [*\[Schedule 6 Amended by No. 48 of 2001, s. 9, Applied:01 Aug 2001\]*](/view/html/inforce/2001-08-01/act-2001-048#GS9@Hpf@EN) Four members of the Nominal Insurer shall form a quorum at any duly convened meeting of the Nominal Insurer. > > > > > (2) Any duly convened meeting of the Nominal Insurer at which a quorum is present shall be competent to transact any business of the Nominal Insurer. > > > > > (3) Questions arising at a meeting of the Nominal Insurer shall be determined by a majority of votes of the members of the Nominal Insurer present and voting. > **12.   **Chairing of meetings**** > > > The chairperson of the Nominal Insurer or, in the absence of the chairperson, the person acting in the office of chairperson shall preside at a meeting of the Nominal Insurer and the chairperson or the person acting in the office of chairperson, as the case may be, has a deliberative vote and, in the event of an equality of votes, also has a casting vote. > **13.   **General procedure**** > > > The procedure for the calling of, and for the conduct of business at, meetings of the Nominal Insurer shall, subject to any procedure that is specified in this Schedule, be as determined by the Nominal Insurer.