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Skills Australia Bill 2008

Part 3 Constitution and membership of Skills Australia

   

8   Constitution

                   Skills Australia consists of:

                     (a)  the Chair; and

                     (b)  6 other members.

Note:          Section 18B of the Acts Interpretation Act 1901 deals with the title of the Chair.

9   Appointment of members

             (1)  Members (including the Chair) are to be appointed by the Minister by written instrument.

             (2)  In making appointments, the Minister must ensure that the members of Skills Australia have, between them, experience in:

                     (a)  academia; and

                     (b)  the provision of education or training; and

                     (c)  economics; and

                     (d)  industry.

             (3)  A member is to be appointed on a part-time basis.

10   Term of appointment

                   A member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

Note:          A member is eligible for reappointment: see subsection 33(4A) of the Acts Interpretation Act 1901 .

11   Acting appointments

             (1)  The Minister may appoint a member to act as the Chair:

                     (a)  during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

             (2)  The Minister may appoint a person to act as a member:

                     (a)  during a vacancy in the office of a member, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when a member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.

Note:          Section 33A of the Acts Interpretation Act 1901 has rules that apply to acting appointments.

             (3)  Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

12   Members’ remuneration

             (1)  A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.

             (2)  A member is to be paid the allowances that are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

13   Leave of absence

             (1)  The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.

             (2)  The Chair may grant leave of absence to any other member on the terms and conditions that the Chair determines.

14   Disclosure of interests to the Minister

                   A member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s functions.

15   Disclosure of interests to Skills Australia

             (1)  A member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by Skills Australia must disclose the nature of the interest to a meeting of Skills Australia.

             (2)  The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.

             (3)  The disclosure must be recorded in the minutes of the meeting of Skills Australia.

             (4)  Unless Skills Australia otherwise determines, the member:

                     (a)  must not be present during any deliberation by Skills Australia on the matter; and

                     (b)  must not take part in any decision of Skills Australia with respect to the matter.

             (5)  For the purposes of making a determination under subsection (4), the member:

                     (a)  must not be present during any deliberation of Skills Australia for the purpose of making the determination; and

                     (b)  must not take part in making the determination.

             (6)  A determination under subsection (4) must be recorded in the minutes of the meeting of Skills Australia.

16   Other terms and conditions

                   A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

17   Resignation

             (1)  A member may resign his or her appointment by giving the Minister a written resignation.

             (2)  The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

18   Termination of appointment

             (1)  The Minister may terminate the appointment of a member for misbehaviour or physical or mental incapacity.

             (2)  The Minister may terminate the appointment of a member if:

                     (a)  the member:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the member is absent, except on leave of absence, from 3 consecutive meetings of Skills Australia; or

                     (c)  the member fails, without reasonable excuse, to comply with section 14 or 15 (disclosure of interests); or

                     (d)  the Minister is satisfied that the performance of the member has been unsatisfactory for a significant period.