New section 78 (4A) and (4B)
insert
(4A) Also, unless the establishing Act otherwise provides, a person must not be appointed as a member if—
(a) the person is a public servant; and
(b) if the governing board has a maximum of 6 members or less—the appointment would result in more than 1 public servant being a member of the board; and
(c) if the governing board has a maximum of more than 6 members—the appointment would result in more than 2 public servants being members of the board.
(4B) Subsection (4A) does not apply if—
(a) the Minister is satisfied that there are special circumstances justifying the appointment; and
(b) the Legislative Assembly approves, by resolution, the appointment.