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INDUSTRIAL RELATIONS ACT 1996 - SCHEDULE 3

SCHEDULE 3 – Provisions relating to members and procedure of Industrial Committees

(Section 201)

1 Definitions

In this Schedule--

"Committee" means an Industrial Committee (including an Industrial Committee established for the purposes of Chapter 6).

"nominee member of a Committee" means a member of the Committee other than the Chairperson.

2 Allowances for nominee members

A nominee member of a Committee is not entitled to remuneration as such a member but is entitled to be paid such travelling and subsistence allowances as the Minister may from time to time determine in respect of the member.

3 Deputy nominee members

(1) Such number of deputies as the Industrial Registrar determines are to be appointed for each nominee member of a Committee in the same way as the member.
(2) A deputy, while representing a member in the absence of the member, is to be taken to be the member.
(3) This Act applies to a deputy representing a member of a Committee in the same way as it applies to the member.

4 Vacation of office by nominee members

(1) The office of a nominee member of a Committee becomes vacant if--
(a) the member dies, or
(b) the member resigns the office by instrument in writing addressed to the Industrial Registrar, or
(c) the nominator of the member withdraws the nomination by giving notice to that effect to the Industrial Registrar, or
(d) the Committee is dissolved or expires.
(2) If a nominee member of a Committee ceases to hold the office, the Industrial Registrar may appoint an appropriately qualified person to the vacant office. The regulations may make provision for or with respect to the nomination of any such person for appointment to the vacant office.

5 Oaths

The regulations may make provision for the oaths to be taken by members of a Committee.

6 Notices of appointment or termination

The Industrial Registrar is to cause a notice of the appointment of a member to a Committee or the termination of any such appointment to be published on the NSW industrial relations website.

7 Continuation of hearing

A Committee to which an appointment is made to fill a vacancy in its membership may, as constituted with the new member, continue to hear, and may determine, any matter under consideration by it at the time the vacancy occurred.

8 Procedure and powers of Committees

(1) Part 5 of Chapter 4 applies to proceedings before a Committee in the same way as it applies to proceedings before the Commission, subject to such exceptions and modifications as are prescribed by the regulations.
(2) A Committee is not to award costs under the provisions as so applied unless the decision is supported by its Chairperson.

9 Meetings of Committees

(1) Meetings of a Committee are, subject to the rules of the Commission, to be convened by the Industrial Registrar.
(2) The conduct of business at a meeting of a Committee is, subject to the rules of the Commission, to be determined by the Committee.
(3) The Chairperson of a Committee is to preside at a meeting of the Committee.
(4) Each member of a Committee present at a meeting, except the Chairperson, has one vote and--
(a) if the votes for and against a motion are unequal, the decision according to the majority of the votes is the decision of the Committee, or
(b) if the votes for and against a motion are equal, the Chairperson is to decide the question and the decision of the Chairperson is the decision of the Committee.
(5) Any question before a Committee as to the admissibility of evidence is to be decided by the Chairperson of the Committee, and the decision of the Chairperson is final.
(6) The Chairperson may refer to the Commission for determination or directions any question or matter arising at a meeting of the Committee.



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