Provisions concerning members and the procedure of the Commission
Schedule 1 Provisions concerning members and the procedure of the Commission
[s. 5(4)]
[Heading amended: No. 19 of 2010 s. 4.]
1. Term of office of members
A member shall be appointed for such term not exceeding 3 years as is specified in the member’s instrument of appointment and is eligible for reappointment.
A member, unless the member sooner resigns, is removed from office or the member’s office otherwise becomes vacant under clause 2, shall continue in office until a successor comes into office, notwithstanding that the term for which the member was appointed may have expired.
2. When office becomes vacant
The office of a member becomes vacant if the member —
resigns office by written notice addressed to the Minister; or
is removed from office by the Minister on the grounds of misbehaviour, incompetence, or mental or physical incapacity impairing the performance of the member’s duties and proved to the satisfaction of the Minister; or
is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
is absent without leave of the Commission from 3 consecutive meetings of which the member has had notice.
[Clause 2 amended: No. 18 of 2009 s. 54.]
3. Remuneration of members
A member is entitled to such remuneration and other allowances as the Minister from time to time determines on the recommendation of the Public Sector Commissioner.
[Clause 3 amended: No. 39 of 2010 s. 89.]
4. Relationship to Public Service
The fact that a person is a member does not —
render Part 3 of the Public Sector Management Act 1994, or any Act applying to persons as officers of the Public Service of the State, applicable to that person; or
affect or prejudice the application to that person of those provisions if they applied to that person when that person became a member.
[Clause 4 amended: No. 32 of 1994 s. 3(2).]
5. Validity of proceedings not affected by defect in appointment etc.
All acts and proceedings of the Commission or of any person acting under any direction of the Commission are, notwithstanding the subsequent discovery of any defect in the appointment of any member or defect in the constitution of the Commission, as valid as if the member had been duly appointed and as if the Commission had been properly constituted.
6. Protection from personal liability for members etc.
No matter or thing done by the Commission, and no matter or thing done by a member or by any person acting under the direction of the Commission shall, if the matter or thing was done in good faith for the purposes of this Act, subject a member, or a person so acting, personally to any action, liability, claim or demand.
Subclause (1) has effect subject to the Statutory Corporations (Liability of Directors) Act 1996.
[Clause 6 amended: No. 41 of 1996 s. 3.]
7. Meetings, procedure at etc.
The procedure for the calling of meetings of the Commission and the conduct of business at those meetings shall, subject to this Act, be as determined by the Commission.
8. Quorum; who presides; voting etc.
Three members of the Commission form a quorum.
At a meeting of the Commission —
the chairperson; or
in the absence of the chairperson, a person elected by the members present at the meeting from among their number,
shall preside.
Questions arising at a meeting of the Commission shall be decided, in open voting, by a majority of the votes of members present.
The person presiding at a meeting of the Commission has a deliberative vote and, if that vote has been exercised and there is an equality of votes, also has a casting vote.
9. Minutes
The Commission shall cause accurate minutes of each meeting of the Commission to be recorded and preserved.
10. Resolution may be passed without meeting
A resolution in writing signed or assented to by letter, telex, facsimile transmission or lettergram by each member shall be as valid and effectual as if it had been passed at a meeting of the Commission.
The chairperson shall report the passing of a resolution under subclause (1) to the next meeting of the Commission.
11. Leave of absence
The Commission may grant leave of absence to a member on such terms and conditions as it thinks fit.
12. Execution of documents by Commission
A document is duly executed by the Commission if —
the common seal of the Commission is affixed to it in accordance with subclauses (2) and (3); or
it is signed on behalf of the Commission by the member or members or officer or officers of the Commission authorised by the Commission to do so.
The common seal of the Commission shall not be affixed to any document except by resolution of the Commission.
The common seal of the Commission shall be affixed to a document in the presence of the chairperson and another member, or the chairperson and an officer of the Commission authorised by the Commission either generally or in any particular case to do so, and each of them shall sign the document to attest that the common seal was so affixed.
A document purporting to be executed in accordance with this clause shall be presumed to be duly executed until the contrary is shown.
When a document is produced bearing a seal purporting to be the common seal of the Commission, it shall be presumed that that seal is the common seal of the Commission until the contrary is shown.
All courts and persons acting judicially shall take notice of the common seal of the Commission.
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