Integrity Commission Act 2009

Section 14(7)

1. Interpretation In this Schedule –

member means a member of the Board appointed under section 14(1)(e), (f) or (g).

member means a member of the Board appointed under section 14(1)(e), (f) or (g).

member

2. Term of office A member is appointed for such period, not exceeding 5 years, as is specified in the member's instrument of appointment and, if eligible, may be reappointed.

3. Holding other office The holder of an office who is required by the terms of his or her employment to devote the whole of his or her time to the functions of that office is not disqualified from –

holding that office and also the office of a member; or

accepting any remuneration payable to a member.

4. State Service Act 2000

The State Service Act 2000 does not apply in relation to a member in his or her capacity as a member.

A person may hold the office of member in conjunction with State Service employment.

5. Remuneration and conditions of appointment

A member is entitled to be paid such remuneration and allowances as are specified in the member's instrument of appointment.

A member who is a State Service officer or State Service employee is not entitled to remuneration or allowances under this clause except with the approval of the Minister administering the State Service Act 2000.

A member holds office on such terms and conditions in relation to matters not provided for by this Act as are specified in the member's instrument of appointment.

6. Leave of absence The Governor may grant a member leave of absence on such terms and conditions as the Governor determines.

7. Resignation A member may resign office by written notice given to the Governor.

8. Suspension or removal of member from office

A member may, at any time, be removed from office by the Governor by resolution of each House of Parliament.

The Governor may suspend a member from office if the Governor is satisfied that the member –

is incapable of properly performing the functions of a member; or

has shown himself or herself incompetent to properly perform those functions or has neglected to perform those functions; or

has been absent without leave granted under clause 6 from 3 consecutive meetings of the Integrity Commission; or

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

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

has contravened clause 8 of Schedule 3; or

has been guilty of conduct, or an attempt to engage in conduct, which if engaged in by a public officer is misconduct.

If a member has been suspended from office under subclause (2), the member is to be restored to office unless –

a statement of the grounds of the member's suspension is laid before each House of Parliament during the first 7 sitting-days of the House following the suspension; and

each House of Parliament, during the session of the House in which the statement is so laid, and within 30 sitting-days of the statement being so laid, passes a resolution requesting the removal of the member from office.

9. Acting members

In the absence of a member, the Governor may appoint a person to act in the place of the member if that person is eligible for appointment as a member.

Anything done by or in relation to a person purporting to act under this section is not invalid on the ground that –

the occasion for the person's appointment had not arisen; or

there is a defect or irregularity in connection with the person's appointment; or

the person's appointment ceased to have effect; or

the occasion for the person to act had not arisen or had ceased.

10. Validation of proceedings, &c.

An act or proceeding of the Integrity Commission or of a person acting under any direction of the Integrity Commission is not invalidated by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the office of a member or in the office of Chief Commissioner.

All acts and proceedings of the Integrity Commission or of a person acting under a direction of the Integrity Commission are, despite the subsequent discovery of a defect in the appointment of a member or that any other person was disqualified from acting as, or incapable of being, a member, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Integrity Commission had been fully constituted.

All acts and proceedings of the Integrity Commission or of a person acting under a direction of the Integrity Commission are, despite the subsequent discovery of a defect in the appointment of a person to the office of Chief Commissioner or that any other person was disqualified from acting as, or incapable of being, appointed to the office of Chief Commissioner, as valid as if the Chief Commissioner had been duly appointed and was qualified to act as, or capable of being, the Chief Commissioner, and as if the Integrity Commission had been fully constituted.

11. Presumptions In any proceeding by or against the Integrity Commission, unless evidence is given to the contrary, proof is not required of –

the constitution of the Integrity Commission; or

the appointment of a person to the office of Chief Commissioner; or

the appointment of any member.