Commonwealth Consolidated Acts

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MY HEALTH RECORDS ACT 2012 - SECT 96D

Decisions without meetings

  (1)   The Data Governance Board is taken to have made a decision at a meeting if:

  (a)   without meeting, a majority of the members of the Board entitled to vote on the proposed decision indicate agreement with the decision; and

  (b)   that agreement is indicated in accordance with the method determined by the Board under subsection   (2); and

  (c)   all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.

  (2)   Subsection   (1) applies only if the Board:

  (a)   has determined that it may make decisions of that kind without meeting; and

  (b)   has determined the method by which members are to indicate agreement with proposed decisions.

  (3)   For the purposes of paragraph   (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.

  (4)   The Board must keep a record of decisions made in accordance with this section.

Note:   Section   33B of the Acts Interpretation Act 1901 contains further information about the ways in which members of the Board may participate in meetings.


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