South Australian Numbered Acts South Australian Numbered Acts(1) The office of a member of a Local First Nations Voice becomes vacant if the member—
(a) dies; or
(b) completes a term of office and is not re-elected; or
(c) resigns by written notice to the Governor; or
(d) is sentenced to serve a period of imprisonment for an offence; or
(e) is found guilty of a serious offence; or
(f) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or
(g) is removed from office by the Governor under subsection (2)
.
(2) The Governor may, on the recommendation of the State First Nations Voice made at the written request of a Local First Nations Voice, remove a member of that Local First Nations Voice from office—
(a) for misconduct or conduct that may bring the Local First Nations Voice into disrepute; or
(b) for breach of, or non-compliance with, a condition of office; or
(c) for failure to comply with the duty under section 19
; or
(d) for breach of, or non-compliance with, the code of conduct under section 20
; or
(e) if the member has become bankrupt or has applied to take the benefit of a law for the relief of insolvent debtors; or
(f) if the member has, because of mental or physical incapacity, failed to carry out duties of the position satisfactorily.
(3) A Local First Nations Voice may only make a written request under subsection (2)
in accordance with a resolution passed by a majority of members of the Local First Nations Voice.
(4) Subject to subsection (5)
, the following rules apply to the filling of a casual vacancy that occurs in the office of a member:
(a) if the vacancy occurs within 18 months after the member's election, and there was more than 1 candidate at the election, the Governor must appoint the person of the appropriate gender who received the next highest number of votes at that election;
(i) there was only 1 candidate at the member's election; or
(ii) the person with the next highest number of votes is no longer suitable, or is unavailable or unwilling to be appointed; or
(iii) the vacancy occurs later than 18 months after that election,
a supplementary election to fill the vacant office must be held.
(5) If a casual vacancy occurs in the office of a member less than 12 months before the next scheduled election of members (not being a supplementary election) the Local First Nations Voice may determine not to fill the vacancy for the remainder of the period until the next election.
(6) A member appointed to a vacant office under subsection (4)
holds office for the balance of the term of the member's predecessor.
(7) An act or proceeding of a Local First Nations Voice is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.