9. Membership of the Board
(1) The membership of the Board shall consist of 5 persons appointed by the Governor, of whom ¾
(a) one shall be a person who gives instruction in psychology at a university or other tertiary educational institution in the State, nominated on the occasion of the first appointment under this paragraph entirely at the discretion of the Minister but thereafter nominated by him from amongst persons who are registered under this Act;
(b) one shall be a psychiatrist, as defined in section 3 of the Mental Health Act 1996, appointed on the nomination of the body known as the Australian and New Zealand College of Psychiatrists;
(c) 2 shall be persons appointed on the nomination of the body known as the Australian Psychological Society (W.A. Branch); and
(d) one shall be a person nominated by the Minister, in so far as that is in his opinion practicable, from amongst persons who are legal practitioners (as defined in the Legal Practice Act 2003).
(2) Where a vacancy in the membership of the Board requires to be filled pursuant to subsection (1)(b) or (c) the Minister shall, as the occasion requires, request the relevant body to nominate a person for the purpose of filling that vacancy, and if within thirty days of such a request the Minister has not received from that body the required nomination he may nominate for appointment such person as he thinks fit, having regard to, but not necessarily from amongst, the membership of the body in question.
(3) The performance or exercise of the functions, powers, rights, authorities, duties or obligations of the Board shall not be affected by reason only of there being a vacancy in the office of a member or there being a defect in the appointment or qualification of any person purporting to be a member.
(4) A member of the Board shall not be subject to Part 3 of the Public Sector Management Act 1994, but this subsection does not affect the rights, duties and obligations under that Act of any member who is an officer in the Public Service of the State.
(5) The office of a member of the Board may be held in conjunction with any other appointment or office under the Government of the State.
[Section 9 amended by No. 32 of 1994 s. 3(1); No. 69 of 1996 s. 79; No. 65 of 2003 s. 56.]