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Contents (1977 - 48)
Anti-Discrimination Act 1977 No 48
Current version for 8 December 2016 to date (accessed 19 November 2017 at 11:55)
Part 8
Part 8 The Anti-Discrimination Board
70   Definition
In this Part:
member means a member of the Board and includes the President.
71   Constitution of Board
There shall be an Anti-Discrimination Board.
72   Appointment of members
The Board shall consist of 5 members (including a President) appointed by the Governor.
73   Term of office
Subject to this Part a member shall hold office for such period not exceeding:
(a)  in the case of the President—7 years, and
(b)  in the case of any other member—3 years,
as is specified in the instrument of the member’s appointment and is eligible for re-appointment as a member.
74   Eligibility for appointment to Board
(1)    (Repealed)
(2)  A person is not eligible for appointment as a member if the person is:
(a)    (Repealed)
(b)  a member of the Legislative Council or the Legislative Assembly or a member of a House of Parliament of another State or of the Commonwealth.
75   Vacation of office
A member shall be deemed to have vacated the member’s office:
(a)  if the member dies,
(b)  if, being the full-time President, the member engages in any paid employment outside the duties of the member’s office,
(c)  if, being the President, the member absents himself or herself from duty for a period exceeding 14 consecutive days except on leave granted by the Minister (which leave the Minister is hereby authorised to grant), unless the member’s absence is occasioned by illness or other unavoidable cause,
(d)  if, being a member other than the President, the member is unavailable for duty for a period exceeding 28 days except on leave granted by the Minister (which leave the Minister is hereby authorised to grant) unless the member’s unavailability is occasioned by illness or other unavoidable cause,
(e)  if the member is nominated for election as a member of the Legislative Council or the Legislative Assembly or a member of a House of Parliament of another State or of the Commonwealth,
(f)  if the member resigns the member’s office by writing under the member’s hand addressed to the Governor,
(f1)  if, being the President, the member is removed from office by the Governor pursuant to section 80 (4), or
(g)  if, being a member other than the President, the member is removed from office by the Governor pursuant to section 76.
76   Removal from office
The Governor may for any cause which to the Governor seems sufficient remove any member (other than the President) from office.
77   Filling casual vacancy
On the occurrence of a vacancy in the office of a member, otherwise than by the expiration of the term for which the member was appointed, the Governor may appoint a person to hold that office.
78   Member not subject to Government Sector Employment Act 2013
The Government Sector Employment Act 2013 shall not apply to or in respect of the appointment of a member, and a member shall not be subject to the provisions of that Act during the member’s term of office.
79   Remuneration of members other than the President
A member (other than the President) shall be entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of him or her.
80   President
(1)  The President may be appointed on a full-time or part-time basis.
(2)  A President appointed on a full-time basis shall devote the whole of his or her time to the duties of his or her office and shall be entitled to be paid:
(a)  remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and
(b)  such travelling and subsistence allowances as the Minister may from time to time determine in respect of him or her.
(3)  A President appointed on a part-time basis is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of him or her.
(3A)  A person may hold office, and exercise functions, as President (whether full-time or part-time) even though the person also holds, and exercises the functions of, a judicial office or a statutory or other public office.
(4)  The Governor may remove the President from office for incapacity, incompetence or misbehaviour.
(5)    (Repealed)
81   Acting President
(1)  The Minister may appoint an acting President to act during the absence of the President or during a vacancy in the President’s office.
(2)  An acting President is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of him or her.
(3)  No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising an acting President to act as President.
(4)  A person appointed an acting President shall, while so acting, be deemed to be the President and shall have the immunities and functions of the President.
(5)  The Minister may, for any cause which to the Minister seems sufficient, remove an acting President from office.
82   Alternate members
(1)  The Minister may at any time appoint a person as an alternate member to act during the absence or illness of a member other than the President.
(2)  An alternate member shall have and may exercise, while acting as a member, the functions of the person for whom he or she is the alternate member.
83   (Repealed)
84   Preservation of rights of President who was previously public servant
(1)  In this section, superannuation scheme means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under any Act.
(2)  Subject to subsection (3) and to the terms of appointment, if the President was, immediately before appointment as the President:
(a)  a Public Service employee, or
(b)  a contributor to a superannuation scheme,
the President:
(c)  retains any rights accrued or accruing to the President as such an employee or contributor, and
(d)  may continue to contribute to any superannuation scheme to which the President was a contributor immediately before appointment as the President, and
(e)  is entitled to receive any deferred or extended leave and any payment, pension or gratuity,
as if the President had continued to be such an employee or contributor during his or her service as the President, and:
(f)  his or her service as the President is taken to be service as an employee for the purpose of any law under which those rights accrued or were accruing, under which the President continues to contribute or by which that entitlement is conferred, and
(g)  the President is taken to be an employee, and the Board is taken to be the President’s employer, for the purpose of the superannuation scheme to which the President is entitled to contribute under this subsection.
(3)  A President who, but for this subsection, would be entitled under subsection (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under that scheme shall not be so entitled upon his or her becoming (whether upon his or her appointment as the President or at any later time while he or she holds office as the President) a contributor to any other superannuation scheme, and the provisions of subsection (2) (g) cease to apply to or in respect of him or her and the Board in any case where he or she becomes a contributor to such another superannuation scheme.
(4)  Subsection (3) does not prevent the payment to the President upon his or her ceasing to be a contributor to a superannuation scheme of such an amount as would have been payable to him or her if he or she had ceased, by way of resignation, to be an employee for the purposes of that scheme.
(5)  The President shall not, in respect of the same period of service, be entitled to claim a benefit under this Act and another Act.
85   Meetings of the Board
(1)  The procedure for the calling of meetings of the Board and for the conduct of business at those meetings shall, subject to this Act, be as determined by the Board.
(2)  The President shall preside at all meetings of the Board at which he or she is present.
(3)  Three members shall form a quorum at any meeting of the Board and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Board.
(4)  A decision of a majority of the members present at a meeting of the Board at which a quorum is present shall be the decision of the Board.
(5)  The President or member presiding shall have a deliberative vote and, in the event of an equality of votes, shall have a second or casting vote.
86   Staff
Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the President and the Board to exercise their functions.
Note.
 Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the President or the Board makes use of) may be referred to as officers or employees, or members of staff, of the President or Board. Section 47A of the Constitution Act 1902 precludes the President and the Board from employing staff.