South Australian Current Acts South Australian Current ActsSchedule 2—Local tripartite consultation arrangements
Part 2—The Mining and Quarrying Occupational Health and Safety
Committee
(1) The Mining and
Quarrying Occupational Health and Safety Committee (the Committee ) continues
in existence.
(2) The Committee will
consist of 7 persons appointed by the Minister, of whom—
(a) 2
will be persons working in the field of occupational health and safety
nominated by the advisory committee; and
(b) 1
will be a member of the Department who has experience in the mining and
quarrying industries; and
(c) 1
will be a person nominated by the South Australian Chamber of Mines and
Energy, and 1 will be a person nominated by Cement Concrete and Aggregates
Australia, to represent the interests of employers involved in the mining and
quarrying industries; and
(d) 2
will be persons nominated by the United Trades and Labor Council to represent
the interests of workers who work in the mining and quarrying industries.
(3) The Minister will
appoint 1 of the members of the Committee appointed under
subclause (2)(a) to be the presiding member of the Committee.
(4) The Minister may
appoint a suitable person to be a deputy of a member of the Committee and to
act as a member of the Committee during any period of absence of the member.
(5) A member of the
Committee may be appointed for a term (not exceeding 3 years) determined by
the Minister and, on the expiration of a term of appointment, is eligible for
reappointment.
(6) The Minister may,
on reasonable grounds, remove a member of the Committee from office at any
time.
(7) A member of the
Committee may resign by written notice addressed to the Minister.
(8) An act or
proceeding of the Committee is not invalid by reason only of a vacancy in its
membership or a defect in the appointment of a member.
(9) Four members of
the Committee constitute a quorum of the Committee.
(10) In the absence of
the presiding member at a meeting of the Committee, the members present may
decide who is to preside.
(11) A decision
carried by at least 4 members of the Committee is a decision of the Committee.
(12) Each member
present at a meeting of the Committee is entitled to 1 vote on any matter
arising for decision at the meeting.
(13) The Committee
must cause an accurate record to be kept of its proceedings.
(14) Subject to this
Schedule, the business of the Committee will be conducted in a manner
determined by the Committee.
(15) A member of the
Committee who has a direct or indirect pecuniary interest in a matter under
consideration by the Committee—
(a) must
disclose the nature of the interest to the Committee; and
(b) must
not take part in any deliberation or decision of the Committee with respect to
the matter.
Maximum penalty: $2 000.
(16) A disclosure
under subclause (15) must be recorded in the minutes of the Committee.
(17) The Committee
may, in connection with the performance of its functions, make use of the
services, facilities and staff of RTWSA.
(1) Money available to
the Committee from the Mining and Quarrying Industries Fund under
Schedule 9 of the Return to Work Act 2014 may be used for any of
the following purposes:
(a) to
promote and support practices, procedures and arrangements designed to protect
workers from silicosis;
(b) to
support education in the field of occupational health or safety in the mining
and quarrying industries;
(c) to
initiate or support research and studies into occupational health or safety
that could benefit workers in the mining and quarrying industries;
(d) to
promote and support persons or organisations working to prevent, alleviate or
treat the kinds of disabilities suffered by workers in the mining and
quarrying industries;
(e) to
support any other kind of activity that could directly or indirectly improve
occupational health or safety in the mining and quarrying industries or assist
in the rehabilitation of disabled workers in those industries.
(2) The Committee has
all such powers as are reasonably necessary for the effective performance of
its functions (including the power to establish subcommittees and to engage,
as may be appropriate, experts or consultants to assist the Committee in the
performance of its functions).
(3) The Committee
must, in making grants of money under this Schedule, give preference to
supporting projects directed at improving occupational health or safety in
those industries that involve exposure to silica dust and in particular to
supporting specialised research and training projects directed at that purpose
in South Australia.
(4) The Committee must
not spend any part of the principal standing to the credit of Part B of
the Mining and Quarrying Industries Fund without the specific approval of the
Minister and in any case the Committee is not to spend in any financial year
more than 20% of the principal that, at the commencement of that financial
year, is standing to the credit of that part of the fund.
(5) The Committee must
after the end of each financial year prepare a report on its operations during
that financial year.
(6) The report must be
submitted to the Minister and laid before both Houses of Parliament by the
Minister.
The Committee is, in the performance of its functions, subject to the control
and direction of the Minister.