South Australian Consolidated Acts

OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986 - SECT 9

9—Terms and conditions of office

        (1)         An appointed member of the Advisory Committee will hold office on conditions, and for a term (not exceeding 3 years), determined by the Governor and, on the expiration of a term of appointment, is eligible for re-appointment.

        (2)         The Governor may remove an appointed member from office for—

            (a)         breach of, or non-compliance with, a condition of appointment; or

            (b)         mental or physical incapacity to carry out duties of office satisfactorily; or

            (c)         neglect of duty; or

            (d)         dishonourable conduct.

        (3)         The office of an appointed member becomes vacant if the member—

            (a)         dies; or

            (b)         completes a term of office and is not re-appointed; or

            (c)         resigns by written notice addressed to the Minister; or

            (d)         is found guilty of an indictable offence; or

            (e)         is found guilty of an offence against subsection (6); or

            (f)         is removed from office by the Governor under subsection (2).

        (4)         On the office of an appointed member of the Advisory Committee becoming vacant, a person must be appointed, in accordance with this Act, to the vacant office.

        (5)         The Minister must ensure that a vacant office is filled within 6 months after the vacancy occurs.

        (6)         A member of the Advisory Committee who has a direct or indirect personal or pecuniary interest in a matter under consideration by the Advisory Committee—

            (a)         must, as soon as practicable after becoming aware of the interest, disclose the nature and extent of the interest to the Advisory Committee; and

            (b)         must not take part in a deliberation or decision of the Advisory Committee on the matter and must not be present at a meeting of the Advisory Committee when the matter is under consideration.

Maximum penalty: Division 5 fine or imprisonment for two years.

        (7)         Subsection (6) operates subject to the qualification that a member of the Advisory Committee who has made a disclosure under that subsection may, with the permission of a majority of the members of the Advisory Committee who may vote on the matter, attend or remain at the meeting in order to ask or answer questions, or to provide any other information or material that may be relevant to the deliberations of the Advisory Committee, provided that the member then withdraws from the room and does not in any other way take part in any deliberations or vote on the matter.

        (8)         The court by which a person is convicted of an offence against subsection (6) may, on the application of an interested person, make an order avoiding a contract to which the non-disclosure relates and for restitution of property passing under the contract.