SCHEDULE 1 - Members and Procedure of Health Service Establishments Advisory Committee

Section 6(5)

1.    Chairperson of Advisory Committee

(1) One of the members is to be appointed, in the member’s instrument of appointment or a subsequent instrument executed by the Secretary, as Chairperson of the Advisory Committee.

(2) The Secretary may remove a member from the office of Chairperson.

(3) A person who is a member and Chairperson is taken to have vacated office as Chairperson if the person –

(a) is removed from that office by the Secretary under this clause; or

(b) resigns that office by instrument in writing addressed to the Secretary; or

(c) ceases to be a member.

2.    Deputies for members

(1) The Secretary may, from time to time, appoint a person to be the deputy of a member of the Advisory Committee (including the Chairperson).

(2) A person must not be appointed as a deputy of any member unless the person has the same qualifications as that member for appointment.

(3) A deputy may act in the office of the member for whom he or she is the deputy during the illness or absence of that member and, while so acting, has all the functions of the member.

(4) The Secretary may remove at any time a deputy from any office to which the deputy was appointed under this clause.

(5) A deputy while acting in the office of a member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Secretary may from time to time determine in respect of the deputy.

(6) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.

3.    Term of office

A member is to, subject to this Schedule, hold office for such term, not exceeding 3 years, as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for reappointment.

4.    Remuneration

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

5.    Vacation of office

(1) A member is taken to have vacated office if the member –

(a) dies; or

(b) absents himself or herself from 4 consecutive meetings of the Advisory Committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Committee or unless, before the expiration of a period of 4 weeks after the last of those meetings, the member is excused by the Committee for being absent from those meetings; or

(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(d) is being treated for a mental health condition or under guardianship; or

(e) is convicted in Tasmania of an offence which is punishable by imprisonment for 12 months or more or is convicted elsewhere than in Tasmania of an offence which if committed in Tasmania would be an offence so punishable; or

(f) resigns the office by instrument in writing addressed to the Secretary; or

(g) is removed from office by the Secretary under subclause (2) .

(2) The Secretary may remove a member from office at any time.

6.    Filling of vacancy in office of member

If the office of any member becomes vacant, a person must, subject to this Act, be appointed to fill the vacancy.

7.    Effect of certain other Acts

(1) The State Service Act 2000 does not apply to or in respect of the appointment of a member and a member is not, as a member, subject to that Act.

(2) If by or under any other Act provision is made –

(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office; or

(b) prohibiting the person from engaging in employment outside the duties of that office –

that provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.

(3) The office of a member is not for the purposes of any Act to be taken not to be an office or place of profit under the Crown.

8.    Liability of members, &c.

Any matter or thing done by the Advisory Committee, or by any member or person acting under the direction of the Committee, if the matter or thing was done in good faith for the purpose of executing this or any other Act, does not subject a member or a person so acting personally to any action, liability, claim or demand.

9.    General procedure

The procedure for the calling of meetings of the Advisory Committee and for the conduct of business at those meetings must, subject to this Act, be as determined by the Committee.

10.    Quorum

The quorum for a meeting of the Advisory Committee is a majority of the members for the time being appointed by the Secretary.

11.    Presiding member

(1) The Chairperson or, in the absence of the Chairperson, another member elected to chair the meeting by the members present must preside at a meeting of the Advisory Committee.

(2) The person presiding at any meeting of the Advisory Committee has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

12.    Voting

A decision supported by a majority of the votes cast at a meeting of the Advisory Committee at which a quorum is present is taken to be the decision of the Advisory Committee.

13.    First meeting of Advisory Committee

The Secretary must call the first meeting of the Advisory Committee in such manner as the Secretary thinks fit.