SCHEDULE 3 - Provisions with respect to meetings of board

Section 590(5)

1.    Interpretation

In this Schedule –

meeting does not include a hearing under Chapter 4 .

2.    Convening of meetings

(1) The chairperson of the Board, after giving each member of the Board reasonable notice of a meeting –

(a) may convene a meeting at any time; and

(b) must convene a meeting when requested to do so by 2 or more other members.

(2) If the chairperson of the Board is absent from duty or otherwise unable to perform the duties of the office, a meeting may be convened, after reasonable notice of the meeting has been given, by –

(a) two or more members of the Board; or

(b) a person authorised by the Board to do so.

(3) For the purposes of subclauses (1) and (2) , what constitutes reasonable notice is to be determined by the Board.

3.    Presiding at meetings

(1) The chairperson of the Board is to preside at all meetings of the Board at which he or she is present.

(2) If the chairperson of the Board is not present at a meeting of the Board, a member of the Board elected by the members present at the meeting is to preside.

4.    Quorum and voting at meetings

(1) Four members of the Board, one of whom must be a person referred to in section 590(1)(d) (Membership of Board), constitute a quorum at a duly convened meeting of the Board.

(2) Notwithstanding subclause (1) , three members of the Board, two of whom must be persons referred to in section 590(1)(a) , (b) or (c) and one of whom must be a person referred to in section 590(1)(d) , constitute a quorum at a duly convened meeting of the Board for the purpose of dealing with a matter under section 456 (Procedure for less serious complaint).

(3) A meeting of the Board under subclause (1) at which a quorum is present is competent to transact any business of the Board for which the meeting is convened.

(4) A meeting of the Board under subclause (2) at which a quorum is present is competent to transact any business of the Board for which the meeting is convened.

(5) At a meeting of the Board –

(a) the member of the Board presiding has a deliberative vote only; and

(b) a question is decided by a majority of votes of the members present and voting; and

(c) if there is an equality of votes of the members present and voting, the matter stands adjourned until the next meeting.

5.    Conduct of meetings

(1) Subject to this Act, the Board may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.

(2) The Board may permit members of the Board to participate in a particular meeting or all meetings by –

(a) telephone; or

(b) video conference; or

(c) any other means of communication approved by the Board.

(3) A member of the Board who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.

(4) Without limiting subclause (1) , the Board may allow a person to attend a meeting for the purpose of advising or informing it on any matter.

6.    Minutes

The Board is to keep accurate minutes of its meetings.

7.    Disclosure of interests

(1) If a member of the Board has or acquires an interest (whether pecuniary or otherwise) that would conflict with the proper performance of the member's functions in relation to a matter being considered, or about to be considered, by the Board, the member must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest to the Board.

(2) Unless the Board otherwise determines, a member of the Board who has made a disclosure under subclause (1) in relation to a matter must not –

(a) be present during any deliberation of the Board in relation to the matter; or

(b) take part in any decision of the Board in relation to the matter.

(3) For the purpose of the making by the Board of a determination under subclause (2) , the member to whom the determination relates must not –

(a) be present during any deliberation of the Board for the purpose of making the determination; or

(b) take part in making the determination.

8.    Meetings to be open to public

(1) Except as provided in subclauses (2) , (3) and (4) , a meeting of the Board is to be open to the public.

(2) The Board may determine that a meeting convened in relation to, or part of a meeting that is to deal with, the investigation of a complaint is not to be open to the public.

(3) A meeting of the Board convened for the purposes of section 456 (Procedure for less serious complaint) is not to be open to the public.

(4) The Board may do any or all of the following at a meeting if it considers that there are reasonable grounds to do so:

(a) make an order excluding any person from the meeting;

(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings at the meeting or prohibiting the reporting or other disclosure of particular information in respect of the meeting.

(5) Without limiting the range of grounds that may be relevant for the purposes of subclause (4) , the Board may exercise its power under that subclause if –

(a) it is dealing with privileged information or information that has been communicated to the Board in confidence; or

(b) it is dealing with information concerning the personal affairs, finances or business arrangements of an Australian legal practitioner or any other person; or

(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of an Australian legal practitioner or any other person.

9.    Report to Minister

The Board, if requested to do so by the Minister, must furnish the Minister with any information the Minister may require in relation to the proceedings of the Board.

10.    General procedure

Except as provided by this Act, the Board may regulate its own proceedings.

11.    Presumptions

In any proceeding by or against the Board, unless evidence is given to the contrary, proof is not required of –

(a) any resolution of the Board; and

(b) the presence of a quorum at any meeting of the Board.