HEALTH SERVICES ACT 1997 - SCHEDULE 6
HEALTH SERVICES ACT 1997 - SCHEDULE 6
SCHEDULE 6 – Provisions relating to members and procedure of Ambulance Service Advisory Board
1 Definitions
In this Schedule--
"appointed member" means a member other than the chief executive of the
Ambulance Service of NSW.
"member" means any member of the Advisory Board.
2 Chairperson of Advisory Board
(1) Of the appointed members of the Advisory Board, one is, in and by the relevant instrument of appointment as such a member, or by another instrument executed by the Health Secretary, to be appointed as Chairperson of the Advisory Board.
(2) The Health Secretary may remove an appointed member from the office of Chairperson of the Advisory Board.
(3) A person who is an appointed member and Chairperson of the Advisory Board is to be taken to have vacated office as Chairperson if the person--(a) is removed from that office by the Health Secretary under this clause, or(b) resigns that office by instrument in writing addressed to the Health Secretary, or(c) ceases to be a member.
3 Acting members and acting Chairperson
(1) The Health Secretary may, from time to time, appoint a person to act in the office of a member during the illness or absence of the member, and the person, while so acting, has all the functions of the member and is to be taken to be a member.
(2) The Health Secretary may, from time to time, appoint a member to act in the office of Chairperson of the Advisory Board during the illness or absence of the Chairperson, and the member, while so acting, has all the functions of the Chairperson and is to be taken to be the Chairperson.
(3) The Health Secretary may remove any person from any office to which the person was appointed under this clause.
(4) For the purposes of this clause, a vacancy in the office of a member or the Chairperson of the Advisory Board is to be taken to be an absence from office of the member or Chairperson, as the case may be.
4 Term of office
An appointed member holds office, subject to this Schedule, for such period not exceeding 4 years as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.
5 Vacancy in office of member
(1) An appointed member is to be taken to have vacated office if the member--(a) dies, or(b) completes a term of office and is not re-appointed, or(c) resigns the office by instrument in writing addressed to the Health Secretary, or(c1) is removed from office by the Health Secretary under this clause, or(d) absents himself or herself from 4 consecutive meetings of the Advisory Board of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Board or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Board for being absent from those meetings, or(e) 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(f) becomes a mentally incapacitated person, or(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or upwards or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.
(2) The Health Secretary may remove an appointed member from office at any time, for any reason or no reason and without notice.
6 Disclosure of pecuniary interests
(1) A member--(a) who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Advisory Board, and(b) whose interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter,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 Advisory Board.
(2) A disclosure by a member at a meeting of the Advisory Board 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 to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under this clause.
(3) Particulars of any disclosure made under this clause are to be recorded by the members in a book kept for the purpose and that book is to be open at all reasonable hours to inspection by any person on payment of the fee determined by the members.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Health Secretary or the other members otherwise determine--(a) be present during any deliberation of the Advisory Board with respect to the matter, or(b) take part in any decision of the Board with respect to the matter.
(5) For the purposes of the making of a determination by the members under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not--(a) be present during any deliberation of the other members for the purpose of making the determination, or(b) take part in the making by the other members of the determination.
(6) A contravention of this clause does not invalidate any decision of the Advisory Board.
7 Effect of certain other Acts
(1) If by or under any 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,the provision does not operate to disqualify the person from holding that office and also the office of an appointed member or from accepting and retaining any remuneration payable to the person under this Act as such a member.
(2) The office of an appointed member is not, for the purposes of any Act, an office or place of profit under the Crown.
8 Remuneration
An appointed member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Health Secretary may from time to time determine in respect of the member.
9 Liability of members etc
A matter or thing done or omitted to be done by the Advisory Board, a member or any person acting under the direction of the Board does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this Act, subject the member or a person so acting personally to any action, liability, claim or demand.
10 General procedure
The procedure for the calling of meetings of the Advisory Board and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Board.
11 Quorum
The quorum for a meeting of the Advisory Board is a majority of the members for the time being.
12 Presiding member
(1) The Chairperson of the Advisory Board or, in the absence of the Chairperson, another member elected as Chairperson for the meeting by the members present is to preside at a meeting of the Board.
(2) The person presiding at any meeting of the Advisory Board has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
13 Voting
A decision supported by a majority of the votes cast at a meeting of the Advisory Board at which a quorum is present is the decision of the Board.
14 First meeting of Advisory Board
The Health Secretary is to call the first meeting of the Advisory Board in such manner as the Health Secretary thinks fit.