Western Australian Numbered Acts Western Australian Numbered Acts[s. 165]
1. Term of appointment — representative
of the community
(1) Subject to this
Act, a member of the Complaints Committee appointed under
section 163(2) —
(a)
holds office for a term of not more than 3 years specified in the
instrument of appointment; and
(b) is
eligible for reappointment.
(2) A member who has
held office as a representative of the community for 6 years in total is
not eligible to hold that office again, or to hold office under
section 169(1)(d).
(1) The Board may from
time to time appoint a member of the Board as deputy chairperson of the
Complaints Committee.
(2) The deputy
chairperson may act as chairperson —
(a) in
the absence of the chairperson of the Complaints Committee;
(b) if
so requested by the chairperson of the Complaints Committee; or
(c)
during a vacancy in the office of chairperson of the Complaints Committee.
(3) While acting as
chairperson of the Complaints Committee the deputy chairperson has, and may
perform, the functions of chairperson.
3. Deputies of representative of the community
(1) One or more
persons may be appointed as deputies of the representative of the community on
the Complaints Committee.
(2) A person appointed
as a deputy representative of the community is to be appointed on terms
applicable to, and is to be selected from persons eligible to be, a
representative of the community.
(3) A person may be
appointed as a deputy representative of the community on both the
Complaints Committee and the Disciplinary Tribunal.
(4) A person appointed
as a deputy representative of the community may act in the place of a
representative of the community at a meeting of the Complaints Committee if
the person has the concurrence of the chairperson of the meeting.
(5) While acting as a
deputy representative of the community, the deputy has and may perform, the
functions of a representative of the community on the Complaints Committee.
(1) The Attorney
General may remove a member of the Complaints Committee from
office —
(a) if
the member is an insolvent under administration within the meaning of the
Corporations Act;
(b) on
the grounds of neglect of duty, misconduct, incompetence or mental or physical
disability impairing the performance of the functions of that member and
proved to the satisfaction of the Attorney General; or
(c) if
the member has been absent from meetings, without leave, for more than 3
consecutive meetings.
(2) A member of the
Complaints Committee appointed by the Attorney General may resign office by
notice in writing delivered to the Attorney General.
(3) A reference in
this clause to a member includes a reference to a deputy member.
The Attorney General
may grant leave of absence to a member of the Complaints Committee on such
terms and conditions as the Attorney General thinks fit.
6. Termination of office may be deferred
Despite the term of
office of a member of the Complaints Committee having expired by effluxion of
time, the member continues in office —
(a)
until the member is reappointed, or a successor is appointed; and
(b) in
any event for the purpose of completing any part-heard proceedings,
unless the Governor
otherwise directs.
7. Remuneration and allowances
A person appointed to
the Complaints Committee as a representative of the community is to be paid
such remuneration and allowances as the Attorney General from time to time,
after consultation with the Minister for Public Sector Management, may
determine.
No act or omission of
a person acting in the place of another under clause 2 or 3 is to be
questioned on the ground that the occasion for acting had not arisen or had
ceased.
(1) At any meeting of
the Complaints Committee a quorum is constituted by 3 members, of
whom —
(a) 2
are persons appointed under section 163(1)(a); and
(b) one
is a representative of the community.
(2) Where an inquiry
under Part 12 is commenced and a member present at that commencement
fails to continue to participate in the proceedings the determination of the
matter may be completed by the remaining members if they constitute a quorum.
(3) Where an inquiry
under Part 12 is commenced and, upon the failure of a representative of
the community to continue to participate in the proceedings, no quorum can be
convened the determination of the matter may be completed by the remaining
members.
10. Complaints Committee not bound by rules of
evidence
The
Complaints Committee is not bound by the rules of evidence but may inform
itself in any manner it considers just.
(1) Meetings of the
Complaints Committee may be convened —
(a) by
the chairperson of the Complaints Committee;
(b) by
the Law Complaints Officer; or
(c) at
such times and places as the Complaints Committee determines.
(2) The chairperson
presides at all meetings of the Complaints Committee at which he or she is
present.
(3) If the chairperson
and deputy chairperson are absent from a meeting of the Complaints Committee
the members present may appoint one of their number to act as chairperson.
(4) A person appointed
under subclause (3) has, and may perform, the functions of chairperson.
(1) The
Complaints Committee may sit and exercise jurisdiction as one or more
Divisions where a quorum is present.
(2) A reference in
this Act, unless the context otherwise requires, to a meeting of the
Complaints Committee includes a reference to a meeting when the
Complaints Committee is constituted as a Division.
(3) A determination
made by the Complaints Committee when sitting as a Division is taken to be a
determination of the Complaints Committee as a whole.
(1) At a meeting of
the Complaints Committee, subject to subclause (2), each member present
is entitled to a deliberative vote.
(2) Any question is to
be determined by a majority of the votes lawfully cast but when the
deliberative votes cast on a question are equally divided the chairperson has
a casting vote.
14. Complaints Committee may determine its own
procedure
Subject to this Act
and the rules, in the exercise of its functions the Complaints Committee may
determine its own procedure and is not required to conduct any proceedings in
a formal manner.
15. Records
(1) The member
presiding at any meeting of the Complaints Committee must cause an accurate
record to be kept of the proceedings.
(2) A register of the
records is to be maintained.
(3) Subject to
subclause (4), the Complaints Committee may cause its records, or
information related to any inquiry or proceeding or as to those records, to be
published.
(4) The
Complaints Committee must ensure that a publication under subclause (3)
is edited to prevent —
(a) the
identification of persons, unless a determination to permit identifying
publication has been made; and
(b) the
revealing of confidential information.