Health Practitioner Regulation National Law (NSW) No 86a
Historical version for 1 July 2010 to 31 December 2010 (accessed 28 November 2014 at 05:17) Current version
Schedule 1

Schedule 1 Constitution and procedure of Advisory Council

(Section 22)

Part 1 General

1   Definitions

In this Schedule—

Chairperson means the Chairperson of the Advisory Council.

member means a member of the Advisory Council.

Part 2 Constitution

2   Terms of office of members

Subject to this Schedule, a member holds office for the period (not exceeding 3 years) specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for reappointment.

3   Remuneration

A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Ministerial Council may from time to time determine with respect to the member.

4   Vacancy in office of member

(1)  The office of a member becomes vacant if the member—
(a)  completes the member’s term of office; or
(b)  resigns the office by instrument in writing addressed to the Chairperson of the Ministerial Council; or
(c)  is removed from office by the Chairperson of the Ministerial Council under this clause; or
(d)  dies.
(2)  The Chairperson of the Ministerial Council may remove a member from office if—
(a)  the member has been found guilty of an offence (whether in a participating jurisdiction or elsewhere) that, in the opinion of the Chairperson of the Ministerial Council, renders the member unfit to continue to hold the office of member; or
(b)  the member ceases to be a registered health practitioner as a result of the member’s misconduct, impairment or incompetence; or
(c)  the Advisory Council recommends the removal of the member, on the basis that the member has engaged in misconduct or has failed or is unable to properly exercise the member’s functions as a member.
(3)  In addition, the Chairperson of the Ministerial Council may remove the Chairperson of the Advisory Council from office as a member if the Chairperson of the Advisory Council becomes a registered health practitioner.

5   Extension of term of office during vacancy in membership

(1)  If the office of a member becomes vacant because the member has completed the member’s term of office, the member is taken to continue to be a member during that vacancy until the date on which the vacancy is filled (whether by reappointment of the member or appointment of a successor to the member).
(2)  However, this clause ceases to apply to the member if—
(a)  the member resigns the member’s office by instrument in writing addressed to the Chairperson of the Ministerial Council; or
(b)  the Chairperson of the Ministerial Council determines that the services of the member are no longer required.
(3)  The maximum period for which a member is taken to continue to be a member under this clause after completion of the member’s term of office is 6 months.

6   Disclosure of conflict of interest

(1)  If—
(a)  a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Advisory Council; and
(b)  the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter;
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Advisory Council.
(2)  Particulars of any disclosure made under this clause must be recorded by the Advisory Council in a book kept for the purpose.
(3)  After a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the Advisory Council otherwise determines—
(a)  be present during any deliberation of the Advisory Council with respect to the matter; or
(b)  take part in any decision of the Advisory Council with respect to the matter.
(4)  For the purposes of the making of a determination by the Advisory Council under subclause (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not—
(a)  be present during any deliberation of the Advisory Council for the purpose of making the determination; or
(b)  take part in the making of the determination by the Advisory Council.
(5)  A contravention of this clause does not invalidate any decision of the Advisory Council.

Part 3 Procedure

7   General procedure

The procedure for the calling of meetings of the Advisory Council and for the conduct of business at those meetings is, subject to this Law, to be as determined by the Advisory Council.

8   Quorum

The quorum for a meeting of the Advisory Council is a majority of its members for the time being.

9   Presiding member

The Chairperson (or, in the absence of the Chairperson, a person elected by the members of the Advisory Council who are present at a meeting of the Advisory Council) is to preside at a meeting of the Advisory Council.

10   Transaction of business outside meetings or by telecommunication

(1)  The Advisory Council may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Advisory Council for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Advisory Council.
(2)  The Advisory Council may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
(3)  For the purposes of—
(a)  the approval of a resolution under subclause (1); or
(b)  a meeting held in accordance with subclause (2);
the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Advisory Council.
(4)  Papers may be circulated among the members for the purposes of subclause (1) by facsimile, email or other transmission of the information in the papers concerned.

11   First meeting

The Chairperson may call the first meeting of the Advisory Council in any manner the Chairperson thinks fit.
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