SCHEDULE 2 - Professional and community members

Sections 11 and 13

1.    Remuneration of professional and community members

(1) A professional member, or a community member, is entitled to be paid the remuneration, including travelling and subsistence allowances, that the Minister determines.

(2) A professional member, or a community member, who is a State Service employee or State Service officer is not entitled to remuneration under subclause (1) except with the approval of the Minister administering the State Service Act 2000 .

2.    Holding of other office not a disqualification

A holder of an office who is required by the terms of his or her employment to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

3.    When persons cease to be professional members

(1) A person who is appointed as a professional member for proceedings holds office as a member until –

(a) the proceedings are concluded; or

(b) the person vacates his or her office as a member.

(2) A person appointed as a professional member for proceedings may, by notice in writing to the Chairperson, resign his or her office as a member.

(3) A professional member for proceedings vacates his or her office as a member if –

(a) he or she dies; or

(b) he or she resigns; or

(c) his or her appointment is revoked under subclause (4) ; or

(d) he or she becomes a member of a National Board or a State or Territory Board; or

(e) he or she ceases to be a registered health practitioner in respect of the health profession to which the proceedings relate; or

(f) his or her registration as a health practitioner in respect of the health profession to which the proceedings relate is suspended.

(4) The Chairperson may, by notice in writing to a person, revoke the appointment of the person as a professional member for proceedings if –

(a) the person is, without good reason or without the approval of the Chairperson, absent from a hearing in the proceedings; or

(b) the person becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the person's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(c) the person is convicted, in Tasmania or elsewhere, of –

(i) a crime; or

(ii) an offence punishable by imprisonment for a term of more than 12 months; or

(d) the Chairperson is satisfied that the grounds for a notification about the member that has been received by the member under the National Law are such that the member ought not continue as a member; or

(e) the Chairperson is satisfied that the member is unable to competently perform the duties of a member.

4.    When persons cease to be community members

(1) A person who is appointed as a community member for proceedings holds office as a member until –

(a) the proceedings are concluded; or

(b) the person vacates his or her office as a member.

(2) A person appointed as a community member for proceedings may, by notice in writing to the Chairperson, resign his or her office as a member.

(3) A community member for proceedings vacates his or her office as a member if –

(a) he or she dies; or

(b) he or she resigns; or

(c) his or her appointment is revoked under subclause (4) ; or

(d) he or she becomes a member of a National Board or a State or Territory Board; or

(e) he or she becomes a registered health practitioner.

(4) The Chairperson may, by notice in writing to a person, revoke the appointment of the person as a community member for proceedings if –

(a) the person is, without good reason or without the approval of the Chairperson, absent from a hearing in the proceedings; or

(b) the person becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the person's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(c) the person is convicted, in Tasmania or elsewhere, of –

(i) a crime; or

(ii) an offence punishable by imprisonment for a term of more than 12 months; or

(d) the Chairperson is satisfied that the member is unable to competently perform the duties of a member.