Victorian Consolidated Legislation

Heritage Act 1995 - SCHEDULE 1

MEMBERSHIP AND PROCEDURE OF BODIES

1. Chairperson and Deputy Chairperson



(1) The Minister must appoint one of the members of the Heritage Council to be
Chairperson.

(2) The Minister must appoint one of the members of the Heritage Council to be
Deputy Chairperson.

(3) If the Chairperson is absent or unable to perform his or her duties as
Chairperson, the Deputy Chairperson must act as Chairperson and, while acting
as Chairperson, has all the powers and duties of the Chairperson.

2. Terms of appointment



(1) A member of the Heritage Council holds office for a period, not exceeding
3 years, specified in the instrument of his or her appointment.

(2) A member of the Heritage Council is eligible for re-appointment.

(3) The instrument of appointment of a member of the Heritage Council may
specify terms and conditions of appointment.

(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies
to a member in respect of the office of member.







3. Resignation and removal



(1) A member of the Heritage Council may resign the office of member by
writing signed by the member and addressed to the Governor in Council.

(2) The Governor in Council may at any time remove a member of the Heritage
Council from office.

4. Fees and allowances

A member of the Heritage Council, other than a member who is an officer or
employee of the public service, is entitled to receive the fees, travelling
and other allowances from time to time fixed by the Minister in respect of a
member or the Chairperson.

5. Alternate members



(1) The Governor in Council, on the recommendation of the Minister, may
appoint an alternate member for each member of the Heritage Council.

(2) An alternate member must be appointed in the same manner as the member for
whom he or she is the alternate member.

(3) An alternate member may act in place of the member for whom he or she is
the alternate member if-

   (a)  the member is absent or unable to perform the duties of his or her
        office; or

   (b)  the member and the alternate member agree that the alternate member is
        to act in the member's place; or

   (c)  the member's position is vacant.

(4) If subclause (3)(c) applies, the alternate member must not act in that
position for longer than 6 months.

(5) An alternate member has all the functions of the member when acting in the
place of that member.

6. Terms and conditions for alternate members



(1) An alternate member holds office for the term specified in his or her
instrument of appointment, being a period of not more than 3 years.

(2) An alternate member may resign his or her office by writing signed by the
alternate member and addressed to the Governor in Council.

(3) The Governor in Council may at any time remove an alternate member of the
Heritage Council from office and appoint another person in his or her place.

(4) An alternate member, other than an alternate member who is an officer or
employee of the public service, is entitled to receive the fees, travelling
and other allowances from time to time fixed by the Minister in respect of
that alternate member.

7. Procedure at meetings



(1) The Chairperson or, in the absence of the Chairperson, the Deputy
Chairperson, must preside at a meeting of the Heritage Council at which he or
she is present.





(2) If neither the Chairperson or the Deputy Chairperson are present at a
meeting, the members present may elect a member to preside at the meeting.

(3) The person presiding at a meeting has a deliberative vote and a second or
casting vote.

(4) A quorum of the Heritage Council consists of 6 members.

(5) An act or decision of the Heritage Council is not invalid only because of
a defect or irregularity in or in connection with the qualification or
appointment of a member of the Heritage Council or, in the case of a person
qualified or appointed to act as an alternate member, because the occasion for
that person's so acting had not arisen or had ceased.

(6) Subject to this Act, the Heritage Council may regulate its own
proceedings.

8. Minutes of meetings

The Heritage Council must-

   (a)  cause minutes of proceedings and decisions at each meeting of the
        Heritage Council to be kept; and

   (b)  give a copy of those minutes to the Minister as soon as practicable
        after each meeting.



PART 2-COMMITTEES

9. Procedure



(1) A quorum of a committee is constituted by 3 members of the Heritage
Council.





(2) A committee must appoint one of its members as chairperson, and the
chairperson must preside at all meetings of the committee at which he or she
is present and if the chairperson is not present, the members present must
elect one of their number to preside at the meeting.

(3) Subject to this Act, a committee may regulate its own proceedings.

10. Fees and allowances for committee members

A member of a committee of the Heritage Council, other than a member who is an
officer or employee of the public service, is entitled to receive the fees,
travelling and other allowances from time to time approved by the Minister in
respect of a member or the Chairperson.

PART 3-ADVISORY COMMITTEES

11. Procedure



(1) A quorum of an advisory committee consists of a majority of the members of
the advisory committee for the time being.

(2) Subject to this Act, an advisory committee may regulate its own
proceedings.

12. Remuneration

A member of an advisory committee, other than a member who is an officer or
employee of the public service, is entitled to be paid the fees and travelling
and other allowances from time to time approved by the Minister on the advice
of the Heritage Council.





PART 4-DISCLOSURE OF INTERESTS

13. Disclosure of interests



(1) In this clause a person to whom this clause applies means-

   (a)  a member of the Heritage Council;

   (b)  the Executive Director;



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   (d)  a member of a committee of the Heritage Council;

   (e)  a member of an advisory committee established under section 10.

(2) A person to whom this clause applies who has a direct or indirect
pecuniary interest-

   (a)  in a contract or proposed contract with the Heritage Council; or

   (b)  in a matter being considered or proposed to be considered by the
        Heritage Council-

must, as soon as practicable after the relevant facts have come to his or her
knowledge, disclose the nature of his or her interest at a meeting of the
Heritage Council.

(3) Subclause (2) does not apply to an interest which is held as a member in
common with other members of a company which has at least 20 members.

(4) A disclosure made under subclause (2) must be recorded in the minutes of
the meeting at which it is made.

(5) A person who makes a disclosure under subclause (2) must not-

   (a)  take any further part in any consideration or discussion of the
        contract, proposed contract or other matter; or

   (b)  take part in any vote on the contract, proposed contract or other
        matter; or

   (c)  be counted for the purposes of a quorum.

(6) A person to whom this clause applies who makes a full and accurate
disclosure under subclause (2) and who complies with subclause (5)(a) and (b)
is not in breach of any duty owed by him or her to the Heritage Council by
reason of his or her pecuniary interest in the contract, proposed contract or
other matter about which the disclosure was made.

14. No pecuniary interest in certain circumstances

A member of the Heritage Council does not have any direct or indirect
pecuniary interest by reason only of the fact that-

   (a)  he or she has been appointed from a list of names submitted by a body;
        and

   (b)  that body has a direct or indirect pecuniary interest in a place or
        object which is the subject of a contract or proposed contract with
        the Heritage Council or in any other matter being considered or
        proposed to be considered by the Heritage Council.

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