Health Practitioner Regulation National Law (NSW) No 86a
Historical version for 1 July 2010 to 31 December 2010 (accessed 20 December 2014 at 19:43) Current version
Schedule 4

Schedule 4 National Boards

(Section 33)

Part 1 General

1   Definitions

In this Schedule—

Chairperson means the Chairperson of a National Board.

community member means a member of a National Board appointed as a community member.

member means a member of a National Board.

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 a 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)  is absent, without leave first being granted by the Chairperson of the Board, from 3 or more consecutive meetings of the National Board of which reasonable notice has been given to the member personally or by post; or
(e)  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 member ceases to be eligible for appointment to the office that the member holds on the National Board; or
(d)  the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with member’s creditors or makes an assignment of the member’s remuneration for their benefit; or
(e)  the National Board 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.

5   Vacancies to be advertised

(1)  Before the Ministerial Council appoints a member of a National Board, the vacancy to be filled is to be publicly advertised.
(2)  The National Agency may assist the Ministerial Council in the process of appointing members of a National Board, including in the advertising of vacancies.
(3)  It is not necessary to advertise a vacancy in the membership of a National Board before appointing a person to act in the office of a member.
Note. The general interpretation provisions applicable to this Law under section 6 confer power to appoint acting members of a National Board.

6   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.

7   Members to act in public interest

(1)  A member of a National Board is to act impartially and in the public interest in the exercise of the member’s functions as a member.
(2)  Accordingly, a member of a National Board is to put the public interest before the interests of particular health practitioners or any entity that represents health practitioners.

8   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 National Board; 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 National Board.
(2)  Particulars of any disclosure made under this clause must be recorded by the National Board 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 National Board otherwise determines—
(a)  be present during any deliberation of the National Board with respect to the matter; or
(b)  take part in any decision of the National Board with respect to the matter.
(4)  For the purposes of the making of a determination by the National Board 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 National Board for the purpose of making the determination; or
(b)  take part in the making of the determination by the National Board.
(5)  A contravention of this clause does not invalidate any decision of the National Board.
(6)  This clause applies to a member of a committee of a National Board and the committee in the same way as it applies to a member of the National Board and the National Board.

Part 3 Functions and powers

9   Requirement to consult other National Boards

If a National Board (the first Board) proposes to make a recommendation to the Ministerial Council about a matter that may reasonably be expected to be of interest to another National Board (the other Board), the first Board must—
(a)  consult with the other Board about the proposed recommendation; and
(b)  if the first Board makes the recommendation to the Ministerial Council, advise the Council about any contrary views expressed by the other Board about the recommendation.

10   Boards may obtain assistance

A National Board may, for the purposes of exercising its functions, obtain the assistance of or advice from a local registration authority or another entity having knowledge of matters relating to the health profession for which it is established.

11   Committees

A National Board may establish committees to do any of the following—
(a)  to develop registration standards for the health profession for which the Board is established;
(b)  to develop codes or guidelines for the health profession for which the Board is established;
(c)  to exercise any other functions of the Board or to provide assistance or advice to the Board in the exercise of its functions.

Part 4 Procedure

12   General procedure

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

13   Quorum

The quorum for a meeting of the National Board is a majority of its members for the time being, at least one of whom is a community member.

14   Presiding member

(1)  The Chairperson (or, in the absence of the Chairperson, a person elected by the members of the National Board who are present at a meeting of the National Board) is to preside at a meeting of the National Board.
(2)  The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

15   Voting

A decision supported by a majority of the votes cast at a meeting of the National Board at which a quorum is present is the decision of the National Board.

16   Transaction of business outside meetings or by telecommunication

(1)  The National Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the National Board 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 National Board.
(2)  The National Board 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 National Board.
(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.

17   First meeting

The Chairperson may call the first meeting of the National Board in any manner the Chairperson thinks fit.

18   Defects in appointment of members

A decision of the National Board or of a committee of the National Board is not invalidated by any defect or irregularity in the appointment of any member (or acting member) of the National Board or of a committee of the National Board.
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