HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SCHEDULE 5C
HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SCHEDULE 5C
SCHEDULE 5C – Provisions relating to the members and procedure of Councils [NSW[#93]
Note : This Schedule is an additional New South Wales provision.
Part 1 - (Repealed)
Part 2 - Members of Councils [NSW[#93]
10 President and Deputy President of Council [NSW[#93]
(1) Of the members of a Council--(a) one who is registered in the health profession for which the Council is established must be appointed as President of the Council; and(b) one must be appointed as Deputy President of the Council.
(2) The appointments are to be made in and by the relevant instrument of appointment as a member of the Council, or by another instrument executed by the Governor.
(3) A person who is the President or Deputy President vacates office as President or Deputy President if the person--(a) is removed from that office by the Governor under subclause (4); or(b) resigns that office by instrument in writing addressed to the Minister; or(c) ceases to be a member.
(4) The Governor may remove a member from the office of President or Deputy President.
11 Acting members and acting President [NSW[#93]
(1) The Minister may, from time to time, appoint a person to act in the office of a member of a Council during the illness or absence of the member, and the person, while so acting, has and may exercise all the functions of the member and is taken to be a member.
(2) The Deputy President may act in the office of President during the illness or absence of the President, and while so acting has and may exercise all the functions of the President and is taken to be the President.
(3) The Minister may, from time to time, appoint a member to act in the office of President during the illness or absence of both the President and Deputy President, and the member, while so acting, has and may exercise all the functions of the President and is taken to be the President.
(4) A person is not eligible to be appointed under subclause (1) to act in the office of a member of the Council required to be a registered health practitioner nominated by a particular body unless the person is a member of that body.
(5) The Minister may remove any person from any office to which the person was appointed under this clause.
(6) A person while acting in the office of a member is entitled to be paid the remuneration (including travelling and subsistence allowances) decided by the Minister from time to time.
(7) For the purposes of this clause, a vacancy in the office of a member, the President or the Deputy President is taken to be an absence from office of the member, President or Deputy President.
12 Terms of office [NSW[#93]
(1) Subject to this Schedule, a member of a Council holds office for the period, not exceeding 3 years, specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.
(2) A person may not hold office as a member of a Council for consecutive terms of office totalling more than 9 years (excluding any period served because of the operation of clause 8 (2) (a) of Schedule 5A).
13 Remuneration [NSW[#93]
(1) A member of a Council is entitled to be paid the remuneration (including travelling and subsistence allowances) decided by the Minister from time to time.
(2) A member of a Council is, while sitting on an inquiry, entitled to be paid at a rate decided by the Minister.
(3) A Council may pay a member of the Council who performs any service for the Council the amount the Minister considers appropriate.
14 Filling of vacancy in office of member [NSW[#93]
If the office of any member of a Council becomes vacant, a person must be nominated by the Minister to fill the vacancy.
15 Casual vacancies [NSW[#93]
(1) A member of a Council vacates office if the member--(a) dies; or(b) absents himself or herself from 4 consecutive meetings of the Council of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Minister or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister 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) becomes a mentally incapacitated person; or(e) is convicted in this jurisdiction of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in this jurisdiction of an offence that, if committed in this jurisdiction, would be an offence so punishable; or(f) ceases to have any qualification necessary for his or her appointment as a member, other than the nomination of a particular person or body; or(g) resigns the office by instrument in writing addressed to the Minister; or(h) is removed from office by the Governor under subclause (2) or (3).
(2) The Governor may remove a member from office.
(3) Without limiting subclause (2), the Governor may remove from office a member who contravenes the provisions of clause 16.
16 Disclosure of financial interests [NSW[#93]
(1) A member of a Council who has a direct or indirect financial interest--(a) in a matter that is being considered, or is about to be considered, at a meeting of the Council; or(b) in a thing being done or about to be done by the Council;must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Council.
(2) A disclosure by a member at a meeting of a Council that the member--(a) is a member, or is in the employment, of a specified company or other body; or(b) is a partner, or is in the employment, of a specified person; or(c) has some other specified interest relating to a specified company or other body or a specified person;is taken to be a sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure.
(3) A Council must cause particulars of any disclosure made under this clause to be recorded in a book kept for the purpose and that book must be open at all reasonable hours for inspection by any person on payment of the fee decided by the Council from time to time.
(4) After a member has, or is taken to have, disclosed the nature of an interest in any matter or thing pursuant to this clause, the member must not, unless the Council otherwise determines--(a) be present during any deliberation of the Council, or take part in any decision of the Council, with respect to that matter; or(b) exercise any functions under this Law with respect to that thing.
(5) Even if a member contravenes the provisions of this clause, the contravention does not invalidate any decision of the Council or the exercise of any function under this Law.
(6) This clause does not apply to or in respect of an interest of a member in a matter or thing which arises merely because the member is a registered health practitioner.
(7) A reference in this clause to a meeting of the Council includes a reference to a meeting of a committee of the Council.
17 Effect of certain other Acts [NSW[#93]
(1) Part 4 of the Government Sector Employment Act 2013 does not apply to or in respect of the appointment of a member of a Council 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 Law as a member.
(3) The office of a member is not for the purposes of any Act, an office or place of profit under the Crown.
Part 3 - Procedure of Councils [NSW[#93]
18 General procedure [NSW[#93]
The procedure for the calling of meetings of a Council and for the conduct of business at those meetings is, subject to this Law, as decided by the Council.
19 Quorum [NSW[#93]
(1) Except as otherwise provided by this Law, the quorum for a meeting of the Council is the number equal to half of the number of its members or, if half is not a whole number, the next highest whole number.
(2) If a Council has more than 4 members, the quorum for a meeting of the Council for the purpose of dealing with a complaint about a registered health practitioner or student by inquiry is 3.
20 Presiding member [NSW[#93]
(1) The President or, in the absence of the President, the Deputy President or in the absence of both of them, another member of a Council elected to chair the meeting by the members present, must preside at a meeting of the Council.
(2) The person presiding at any meeting of a Council has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
21 Voting [NSW[#93]
A decision supported by a majority of the votes cast at a meeting of a Council at which a quorum is present is the decision of the Council.
22 Minutes [NSW[#93]
A Council must cause full and accurate minutes to be kept of the proceedings of each meeting of the Council.