Western Australian Consolidated Acts

OCCUPATIONAL SAFETY AND HEALTH ACT 1984 - SECT 13

13 .         Meetings of the Commission

        (1)         The chairperson may at any time and shall when so requested by the Minister or by not less than 5 members of the Commission convene a meeting of the Commission to be held at a time and place to be determined by the chairperson.

        (2)         The Commission shall meet at least 6 times a year at intervals of not more than 3 months.

        (3)         The chairperson shall preside at any meeting of the Commission at which he or she is present.

        (4)         If both the chairperson and the deputy chairperson are absent from a meeting of the Commission, the members present shall elect by secret ballot one of their number to preside at that meeting and that member shall have, in addition to the powers of a member of the Commission, the powers of the chairperson under this section.

        (5)         At a meeting of the Commission 7 members constitute a quorum.

        (6)         Subject to subsection (6a), at a meeting of the Commission — 

            (a)         only members appointed under section 6(2)(d) are entitled to vote; and

            (b)         where any question requiring a vote arises the question shall be decided by a majority of the votes of the members appointed under section 6(2)(d) if, and only if, not less than 6 of those members also constitute such majority.

        (6a)         If — 

            (a)         on a vote at a meeting of the Commission, a majority of the votes of members appointed under section 6(2)(d) is constituted by 5 of those members; and

            (b)         on a vote at a subsequent meeting of the Commission on the same question, a majority of the votes is constituted by 5 of those members,

                the chairperson may, at that subsequent meeting, cast a vote to be included in the majority vote.

        (7)         Subject to the presence of a quorum the Commission may act notwithstanding any vacancy in its membership.

        (8)         A member of the Commission who has a pecuniary interest whether direct or indirect in any matter to be considered by the Commission shall declare the nature of that interest at every meeting at which the matter is considered.

        (9)         Subject to this Act, the Commission may determine its own procedures.

        (10)         It is the duty of the Commission to work for the attainment of the objects of this Act by achieving a consensus, as far as this is practicable, among its members.

        [Section 13 amended by No. 30 of 1995 s. 12; No. 51 of 2004 s. 102(1).]