Western Australian Numbered Acts

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WORKERS COMPENSATION AND INJURY MANAGEMENT ACT 2023 (NO. 21 OF 2023) - SECT 455

455 .         Casual vacancies, resignation and removal from office

        (1)         In this section —

        misconduct includes conduct that —

            (a)         brings WorkCover WA into disrepute; or

            (b)         otherwise renders the person unfit to hold office even though the conduct does not relate to a duty of the office.

        (2)         The office of an appointed member becomes vacant if the appointed member —

            (a)         dies, resigns or is removed from office under this section; or

            (b)         is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

            (c)         is convicted of an offence punishable by imprisonment for more than 12 months; or

            (d)         is convicted of an offence under section 472(1) or (2) or  504(1).

        (3)         An appointed member may at any time resign from office by written notice given to the Minister.

        (4)         Subject to subsection (5), the resignation takes effect on the day on which the notice of resignation is received by the Minister.

        (5)         If the notice of resignation specifies a day on which it is to take effect that is later than the day on which the notice of resignation is received by the Minister, the resignation takes effect on the day specified in the notice of resignation.

        (6)         The Minister may remove an appointed member from office —

            (a)         on the grounds of neglect of duty; or

            (b)         on the grounds of misconduct or incompetence; or

            (c)         on the grounds of mental or physical incapacity, other than temporary illness, impairing the performance of the member’s duties; or

            (d)         on the grounds of absence without leave from 3 consecutive meetings of the Board of which the member has had notice; or

            (e)         for any other reasonable cause, regardless of when the events or circumstances giving rise to that cause occurred.



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