Legal Profession Act 2007

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

accepting any remuneration payable to a member.

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

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

A member or substitute member is entitled to be paid such remuneration and allowances as the Minister determines.

A member or substitute member who is a State Service employee or State Service officer is not entitled to remuneration or allowances under subclause (1) except with the approval of the Minister administering the State Service Act 2000.

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

The members present at a meeting of the Trust may elect a member to act as substitute in the office of the chairperson of the Trust or appoint any person to act as substitute in the office of a member other than the chairperson of the Trust while the chairperson of the Trust or that member is absent from office through illness or any other cause.

For the purposes of subclause (1), a member, other than the chairperson of the Trust, is absent from office if the member is acting in the office of the chairperson of the Trust pursuant to subclause (1).

For the purposes of subclause (1), a member is absent from office if there is a vacancy in that office which has not been filled in accordance with clause 8.

Any thing done or omitted to be done by a substitute member while acting in the office of a member is as valid, and has the same consequences, as if it had been done or omitted to be done by that member.

A member vacates office if the member –

dies; or

resigns by written notice addressed to the Governor; or

is removed from office under subclause (2) or (3).

The Governor may remove a member from office if the member –

is absent from 3 consecutive meetings of the Trust without the permission of the Trust; or

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

is convicted, in Tasmania or elsewhere, of a crime or offence punishable by imprisonment for a term of 3 months or longer; or

fails, without reasonable excuse, to comply with the member's obligation under clause 7 (Disclosure of interests) of Schedule 8; or

is convicted of an offence against this Act.

The Governor may remove a member or substitute member from office if satisfied that the member or substitute member is unable to perform adequately or competently the duties of office.

a member referred to in section 634(1)(a) (Membership of Trust) becomes vacant, the Minister may appoint a person on the nomination of the Law Society to the vacant office for the remainder of that member's term of office; or

a member referred to in section 634(1)(b) becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.

An act or proceeding of the Trust or of a person acting under the direction of the Trust is not invalid 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.

An act or proceeding of the Trust or of a person acting under the direction of the Trust is valid and has effect, even if –

the appointment of a member or substitute member of the Trust was defective; or

a person appointed as a member or substitute member of the Trust was disqualified from acting as, or incapable of being, such a member.

the constitution of the Trust; or

the appointment of any member or substitute member.