New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 20B)
In this Schedule:
"Chairperson" means the Chairperson of the Committee.
"Committee" means the Medical Services Committee established under section
20B.
"member" means the Chairperson or any other member of the Committee.
(1) A person nominated by a nominating body mentioned in section 20B (2) may, but need not, be a member of the nominating body or (where the nominating body is the committee or other executive body of a larger body) a member of the larger body.
(2) Where a nomination of a person for appointment as a member is not made within the time (being not less than 21 days) or in the manner specified by the Minister by order in writing notified to the body entitled to make the nomination, the Minister may make the appointment in the absence of the nomination, and the person so appointed shall be deemed to have been duly nominated by that body.
(1) If a nominating body mentioned in section 20B (2) wishes to relinquish its power to nominate under that subsection:(a) it may relinquish the power by causing an instrument in writing to that effect to be served on the Minister,(b) it may, but need not, specify in that instrument one of the remaining nominating bodies as the body to be the nominating body in its place,(c) if the relinquishing body does not specify a nominating body under paragraph (b), the Committee may specify a body (which may, but need not, be one of the remaining nominating bodies) as the body to be the nominating body in the place of the relinquishing body, and(d) the body specified under paragraph (b) or (c) shall be deemed to be mentioned in section 20B (2) in place of the relinquishing body and to have nominated any person already nominated by the relinquishing body.
(2) If at any time a nominating body mentioned in section 20B (2) does not exist by the name so mentioned:(a) the Committee may specify a body (which may, but need not, be one of the remaining nominating bodies) as the body to be the nominating body in the place of the firstmentioned body, and(b) the body specified under paragraph (a) shall be deemed to be mentioned in section 20B (2) in place of the firstmentioned body and to have nominated any person already nominated by the firstmentioned body.
(3) In this clause, "nominating body" does not include the Committee.
(1) Subject to this Schedule, a member shall hold office for the period of 4 years specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.
(2) A person may not be appointed as a member for more than 3 consecutive terms.
(1) If the person nominated by the Committee as Chairperson is already a member:(a) the person shall, on being appointed as Chairperson, be deemed to have vacated the office of member to which the person was previously appointed, and(b) the person’s term as member so terminated and the person’s term as Chairperson so commencing shall together, for the purposes only of clause 4 (2), be deemed to be one single term.
(2) The Chairperson is a member of the Committee.
(3) The Chairperson may be referred to as the Chairman or the Chairwoman, as the case may require.
(1) A member may appoint any medical practitioner to be a substitute to act as a member in the place of the firstmentioned member during any absence of the member from a meeting of the Committee.
(2) Subject to this Schedule, a substitute acting as a member under subclause (1) shall have and may exercise all the functions of a member and shall be deemed to be a member.
(3) A member may not appoint another member to be a substitute, and a substitute may not appoint another person to be a substitute under this clause.
(4) A substitute appointed by the Chairperson does not have, by virtue of this clause, the function of presiding at a meeting of the Committee.
In the event of the office of any member becoming vacant, a person shall, subject to this Act, be appointed to fill the vacancy.
(1) A member shall be deemed to have vacated office if:(a) the member dies,(b) the member resigns the office by instrument in writing addressed to the Minister,(c) the member ceases to be registered as a medical practitioner, or(d) the body which nominated the member withdraws the nomination under subclause (2).
(2) The body which nominated a member may, by instrument in writing addressed to the Minister, withdraw the nomination, whether before or after the appointment of the member.
No matter or thing done by the Committee or a member shall, if the matter or thing was done in good faith for the purpose of exercising any function conferred on the Committee or member by or under this or any other Act, subject any member personally to any action, liability, claim or demand whatever.
(1) The procedure for the calling of meetings of the Committee and for the conduct of business at those meetings shall, subject to this Act, be as determined by the Committee.
(2) At any meeting of the Committee, and at meetings between the Committee and the Minister or officers of the department, the Committee may invite one or more advisers (who may, but need not, be medical practitioners) to be present, and any such adviser or advisers may be present at and participate in, but not vote at, any such meeting.
Six members shall form a quorum and any duly convened meeting of the Committee at which a quorum is present shall be competent to transact any business of the Committee and shall have and may exercise all the functions of the Committee.
(1) The Chairperson or, in the absence of the Chairperson, another member elected for the purpose at the meeting by the Committee shall preside at a meeting of the Committee.
(2) The person presiding at a meeting of the Committee has neither an original nor a casting vote.
A decision supported by a majority of the members present at a meeting of the Committee at which a quorum is present shall be the decision of the Committee.