Terms and conditions of appointment of members
2 Terms and conditions of appointment of members
Each member must be appointed for the term, not exceeding 3 years, that is fixed by the Governor in Council in the instrument of his or her appointment but subject to subclause (2) is eligible for re-appointment.
A person who has been a member for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless—
the person is, or immediately before the expiry of the ninth consecutive year the person was, the President of the body; or
a period of 3 years or more has elapsed since the person last was a member.
The Governor in Council may in the instrument of appointment of a member specify the terms and conditions of appointment.
The Governor in Council may at any time remove a member from office.
The office of a member becomes vacant—
at the expiration of the member's term of office;
if the member dies;
if the member resigns his or her office by writing addressed to the Minister;
if the member is removed from office in accordance with subclause (4).
Sch. cl. 2(5)(e) amended by No. 4/2008 s. 32(Sch. item 10).
if the member becomes an insolvent under administration;
if the member becomes incapable of performing his or her duties;
if the member is wilfully absent from 3 consecutive meetings of the body without leave granted by the President;
if the member is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence.
Where any leave granted to a member by the President of the body exceeds 3 consecutive meetings the President must notify the Minister of the granting of leave.
Sch. cl. 2(7) substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 76), 80/2006 s. 26(Sch. item 37).
The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.
A member is entitled to be paid any remuneration, sitting fee, travelling allowances or other allowances fixed from time to time by the Governor in Council.
A member must in the exercise of his or her functions—
act honestly; and
exercise reasonable care and diligence; and
not make improper use of any information acquired as a member.
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