Professional Standards Act 2004

section 43

1. Chairperson and Deputy Chairperson of Council

(1) The Minister must appoint 2 of the members of the Council (in and by their respective instruments of appointment or in and by other instruments executed by the Minister) as Chairperson and Deputy Chairperson of the Council, respectively.

(2) The Minister may remove a member from the office of Chairperson or Deputy Chairperson of the Council at any time.

(3) A person holding office as Chairperson or Deputy Chairperson of the Council vacates that office if the person:

2. Deputies of members

(1) The Minister may appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.

(b) while so acting – has all the functions of the member and is taken to be a member.

(3) The deputy of a member who is Chairperson or Deputy Chairperson of the Council does not (because of this clause) have the member's functions as Chairperson or Deputy Chairperson.

(4) A person while acting in the place of a member is entitled to be paid such allowances as the Minister may determine in respect of the person.

3. Term of office

Subject to this Schedule, a member holds office for the period (not exceeding 3 years) that is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re‑appointment.

4. Vacancy in office of member

(d) is absent from 4 consecutive meetings of the Council of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Council or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Council for having been absent from those meetings;

(e) becomes insolvent under administration within the meaning of the Corporations Act 2001; or

(f) is convicted in the Territory of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in the Territory of an offence that, if committed in the Territory, would be an offence so punishable.

(b) for mental or physical incapacity to carry out the duties of office satisfactorily; or

(c) for breach of, or non-compliance with, a condition of appointment.

5. Filling of vacancy in office of member

If the office of a member becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.

6. Effect of certain other Acts

(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office; or

(b) prohibiting the person from engaging in employment outside the duties of that office,

does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as such a member.

(2) The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.

7. Immunity

(c) a person acting under the direction of the Council or of a member or a deputy of a member.

(2) The person is not personally liable for anything done or omitted to be done in good faith:

(b) in the reasonable belief that the act or omission was in the exercise of a function under this Act.

(3) Any liability resulting from an act or omission that, but for subclause (2), would attach to the person attaches instead to the Council.