Removal from office
4 Removal from office
The Minister may remove the Chairperson or a person eligible to be a member from that office —
if, in the opinion of the Minister, that person —
has contravened section 7(1) or (2) or a condition specified in the instrument of appointment; or
is or becomes ineligible to hold the office; or
is guilty of —
incompetence; or
misconduct;
or
is, by reason of impairment within the meaning of Part IVA of the Equal Opportunity Act 1984, unable to carry out satisfactorily the duties of the office;
or
if the person is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
if the person was absent from 3 consecutive meetings of a Tribunal, being a Tribunal in relation to which reasonable notice of the appointment or selection of that person as a member had been given to that person, either personally or in the ordinary course of post, and that person had not requested from, and been granted by, the Minister leave of absence.
[Clause 4 amended: No. 18 of 2009 s. 72.]
5. Validity of proceedings etc.
No act or proceeding of a Tribunal, or of any person acting pursuant to any direction of a Tribunal, is, invalidated or prejudiced by reason only —
that as at the time the Tribunal was constituted —
there was a defect in the appointment of any member of that Tribunal; or
a member of the Tribunal was a person who was disqualified from acting as, or was incapable of being, a member of that Tribunal;
or
that after the Tribunal was constituted a vacancy occurred in the membership of the Tribunal,
and effect shall be given to any such act or proceeding as if the Tribunal had been properly constituted.
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