Queensland Consolidated Acts

HOSPITAL AND HEALTH BOARDS ACT 2011 - SCHEDULE 1

SCHEDULE 1 – Conduct of business by boards

1 Application of sch 1

This schedule applies to the conduct of business by a board.

2 Conduct of business by board

The board may conduct its business, including its meetings, in the way it considers appropriate.

3 Times and places of meetings

(1) Meetings of the board are to be held at the times and places the chair decides.

(2) However, the chair must call a meeting if asked, in writing, to do so by the Minister or at least the number of members forming a quorum for the board.

4 Quorum

A quorum for a meeting of the board is one-half the number of its members, or if one-half is not a whole number, the next highest whole number.

5 Presiding at meetings

(1) The chair is to preside at all meetings of the board at which the chair is present.

(2) If the chair is not present at a meeting, the deputy chair is to preside.

(3) If neither the chair nor deputy chair is present at a meeting, a member of the board chosen by the members is to preside.

6 Conduct of meetings

(1) A question at a meeting of the board is decided by a majority of the votes of the members present.

(2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.

(3) A member present at the meeting who abstains from voting is taken to have voted for the negative.

(4) The board may hold meetings, or permit members to take part in meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen.

Example of use of technology—

teleconferencing

(5) A member who takes part in a meeting of the board under subsection (4) is taken to be present at the meeting.

(6) A resolution is validly made by the board, even if it is not passed at a meeting of the board, if—

(a) a majority of the board members gives written agreement to the resolution; and

(b) notice of the resolution is given under procedures approved by the board.

7 Minutes

(1) The board must keep—

(a) minutes of its meetings; and

(b) a record of any resolutions made under section 6 (6) of this schedule.

(2) Subsection (3) applies if a resolution is passed at a meeting of the board by a majority of the members present.

(3) If asked by a member who voted against the passing of the resolution, the board must record in the minutes of the meeting that the member voted against the resolution.

8 Committees

(1) The board—

(a) may establish committees of the board for effectively and efficiently performing its functions; and

(b) must establish the committees prescribed under a regulation.

(2) A committee may include a person who is not a member of the board.

(3) The board is to decide the terms of reference of a committee.

(4) The functions of a committee are to—

(a) advise and make recommendations to the board about matters, within the scope of the board’s functions, referred by the board to the committee; and

(b) exercise powers delegated to it by the board.

Note—

Section 30 states that a board may delegate powers to a committee of the board if all of the members of the committee are board members.

(5) A committee must keep a record of the decisions it makes when exercising a power delegated to it by the board.

(6) The board may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings.

(7) A member of a committee is entitled to the fees and allowances fixed by the Governor in Council for performing his or her functions as a committee member.

9 Disclosure of interests

(1) This section applies to a member of the board or committee (the
"interested person" ) if—

(a) the interested person has a direct or indirect interest in an issue being considered, or about to be considered, by the board or committee; and

(b) the interest could conflict with the proper performance of the person’s duties about the consideration of the issue.

(2) As soon as practicable after the relevant facts come to the interested person’s knowledge, the person must disclose the nature of the interest to a board or committee meeting.

(3) Unless the board or committee otherwise directs, the interested person must not—

(a) be present when the board or committee considers the issue; or

(b) take part in a decision of the board or committee about the issue.

(4) The interested person must not be present when the board or committee is considering whether to give a direction under subsection (3) .

(5) If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not—

(a) be present when the board or committee is considering whether to give a direction under subsection (3) about the interested person; or

(b) take part in making the decision about giving the direction.

(6) If—

(a) because of this section, a board or committee member is not present at a board or committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and

(b) there would be a quorum if the member were present;

the remaining persons present are a quorum of the board or committee for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.

(7) A disclosure under subsection (2) must be recorded in the minutes of the board or committee.