Australian Capital Territory Current Acts Australian Capital Territory Current ActsSchedule 3 DI fund advisory committee
In this schedule:
"chair" means the chair of the committee.
"committee" means the DI fund advisory committee.
"member "means a member of the committee.
3.2 Establishment of DI fund advisory committee
The DI fund advisory committee is established.
(1) The committee has the following functions:
(a) to keep informed of the operations of the DI fund to provide the advice mentioned in paragraph (b);
(b) if the Minister or the DI fund manager asks for advice in relation to the DI fund—to provide the advice requested.
(2) The committee may exercise any other function given to it under this Act or any other territory law.
Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act
, s 196 and dict, pt 1, def entity ).
(1) The committee consists of—
(a) the DI fund manager; and
(b) the director-general; and
(c) 3 members appointed by the Minister.
Note For laws about appointments, see the Legislation Act
, pt 19.3.
(2) The Minister must appoint the following members:
(a) 1 member that the Minister is satisfied represents the interests of employers;
(b) 1 member that the Minister is satisfied represents the interests of workers;
(c) 1 member that the Minister is satisfied represents the interests of insurers.
(3) An appointment under subsection (2) must not be for longer than 3 years.
3.5 When DI fund manager not member of committee
The DI fund manager is not a member of the committee if it is considering the manager's conduct under this Act.
3.6 Ending of members' appointments
The Minister may end the appointment of a member (other than the DI fund manager or director-general)—
(a) if the member contravenes a territory law; or
(b) for misbehaviour; or
(c) if the member becomes bankrupt or executes a personal insolvency agreement; or
(d) if the member is convicted, or found guilty, in Australia of an offence punishable by imprisonment for at least 1 year; or
(e) if the member is convicted, or found guilty, outside Australia of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
(f) if the member exercises the member's functions other than in accordance with section 3.8 (Honesty, care and diligence of members); or
(g) if the member fails to take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member's functions; or
(h) if the member contravenes section 3.11 (Disclosure of interests by members); or
(i) if the member is absent, other than on leave approved by the Minister, from 3 consecutive meetings of the committee; or
(j) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member's functions.
Note A person's appointment also ends if the person resigns (see Legislation Act
, s 210).
The committee chair is the director-general.
3.8 Honesty, care and diligence of members
In exercising the functions of a member, a member must exercise the degree of honesty, care and diligence required to be exercised by a director of a corporation in relation to the affairs of the corporation.
3.9 Conflicts of interest by members
A member must take all reasonable steps to avoid being placed in a position where a conflict of interest arises during the exercise of the member's functions.
3.10 Agenda to require disclosure of interest item
(1) The agenda for each meeting of the committee must include an item requiring any material interest in an issue to be considered at the meeting to be disclosed to the meeting.
(2) In this section:
"material interest"—see section 3.11 (4).
3.11 Disclosure of interests by members
(1) If a member has a material interest in an issue being considered, or about to be considered, by the committee, the member must disclose the nature of the interest at a committee meeting as soon as practicable after the relevant facts come to the member's knowledge.
Note Material interest is defined in s (4). The definition of indirect interest in s (4) applies to the definition of material interest .
(2) The disclosure must be recorded in the committee's minutes and, unless the committee otherwise decides, the member must not—
(a) be present when the committee considers the issue; or
(b) take part in a decision of the committee on the issue.
Example
Jane, Jerome and Kimberley are members of the committee. They have an interest in an issue being considered at a committee meeting and they disclose the interest as soon as they become aware of it. Jerome's and Kimberley's interests are minor but Jane has a direct financial interest in the issue.
The committee considers the disclosures and decides that because of the nature of the interests:
• Jerome may be present when the committee considers the issue but not take part in the decision
• Kimberley may be present for the consideration and take part in the decision.
The committee does not make a decision allowing Jane to be present or take part in the committee's decision. Accordingly, because Jane has a material interest, she cannot be present for the consideration of the issue or take part in the decision.
(3) Any other member who also has a material interest in the issue must not be present when the committee is considering its decision under subsection (2).
(4) In this section:
"associate", of a person, means—
(a) the person's business partner; or
(b) a close friend of the person; or
(c) a family member of the person.
"executive officer", of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation's management, whether or not the person is a director of the corporation.
"indirect interest"—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:
(a) an associate of the person;
(b) a corporation if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;
(c) a subsidiary of a corporation mentioned in paragraph (b);
(d) a corporation if the person, or an associate of the person, is an executive officer of the corporation;
(e) the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust;
(f) a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership;
(g) someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.
"material interest"—a member has a material interest in an issue if the member has—
(a) a direct or indirect financial interest in the issue; or
(b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the member's functions in relation to the committee's consideration of the issue.
3.12 Reporting of disclosed committee interests to Minister
(1) Not later than 3 months after the day a material interest is disclosed under section 3.11 (1), the committee chair must report to the Minister in writing about—
(a) the disclosure; and
(b) the nature of the interest disclosed; and
(c) any decision by the committee under section 3.11 (2).
(2) The chair must also give the Minister, not later than 31 days after the end of each financial year, a statement that sets out the information given to the Minister in reports under subsection (1) that relate to disclosures made during the previous financial year.
(3) The Minister must give a copy of the statement to the relevant Assembly committee not later than 31 days after the day the Minister receives the statement.
(4) In this section:
"material interest "means—see section 3.11 (4).
"relevant Assembly committee" means a standing committee of the Legislative Assembly nominated, in writing, by the Speaker for subsection (3).
3.13 Protection of members from liability
(1) A member is not civilly liable for anything done or omitted to be done honestly and without recklessness—
(a) in the exercise of a function under this Act; or
(b) in the reasonable belief that the act or omission was in the exercise of a function under this Act.
(2) Any liability that would, apart from subsection (2), attach to a member attaches instead to the Territory.
3.14 Time and place of committee meetings
(1) The committee is to meet when and where it decides.
(2) However, the committee must meet at least once every 3 months.
(3) The chair—
(a) may at any time call a meeting of the committee; and
(b) must call a meeting if asked by the Minister or at least 2 members.
(4) The chair must give the members reasonable notice of the time and place of a meeting called by the chair.
3.15 Presiding member at committee meetings
(1) The chair presides at all meetings of the committee at which the chair is present.
(2) If the chair is absent, the member chosen by the members present presides.
3.16 Quorum at committee meetings
Business may be carried on at a meeting of the committee only if the following members are present:
(a) the director-general or the DI fund manager;
(b) at least 2 members appointed by the Minister.
3.17 Voting at committee meetings
(1) At a meeting of the committee each member (other than the DI fund manager) has a vote on each question to be decided.
(2) A question is decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has a deciding vote.
3.18 Conduct of committee meetings etc
(1) The committee may conduct proceedings (including its meetings) as it considers appropriate.
(2) A meeting may be held using a method of communication, or a combination of methods of communication, that allows a committee member taking part to hear what each other member taking part says without the members being in each other's presence.
Examples
a phone link, a satellite link, an internet or intranet link
(3) A member who takes part in a meeting conducted under subsection (2) is taken, for all purposes, to be present at the meeting.
(4) A resolution is a valid resolution of the committee, even if it is not passed at a meeting of the committee, if all members agree to the proposed resolution in writing or by electronic communication.
Example of electronic communication
(5) The committee must keep minutes of its meetings.