Queensland Numbered Acts

PUBLIC SAFETY BUSINESS AGENCY AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 5

5 Replacement of pt 2, div 3 (Membership of the agency)

Part 2, division 3—
omit, insert—

Division 3 - Constitution of agency

8 Constitution The agency consists of—

(a) the board; and

(b) the chief operating officer; and

(c) the staff of the agency.

Division 3A - Board of Management

Subdivision 1 - Establishment and functions

8A Establishment The Board of Management (the
"board" ) of the Public Safety Business Agency is established as the agency’s governing body.

8B Functions

(1) The board’s functions are—

(a) to provide leadership and oversight to the agency; and

(b) to review and monitor the agency’s performance of its functions; and

(c) to make and review policies about the administration of this Act; and

(d) to coordinate the provision of support services, and any programs provided by the agency, to public safety entities.

(2) In performing its functions, the board must give effect to any direction of the Minister relevant to the functions.

Subdivision 2 - Board members

8C Board members The board consists of the following members—

(a) the police commissioner;

(b) the fire commissioner;

(c) a person (the
"appointed member" ) appointed by the Governor in Council on the Minister’s recommendation.

8D Appointed member

(1) The Minister may recommend a person for appointment as the appointed member only if the Minister is satisfied the person is appropriately qualified to perform the functions of a board member.

(2) A person’s appointment as the appointed member is for the period, of not more than 3 years, stated in the person’s instrument of appointment, but the person may be reappointed.

(3) However, a person’s appointment as the appointed member ends if the appointed member’s office becomes vacant under section 8F during the period of the person’s appointment.

8E Conditions of appointment

(1) The appointed member is to be paid the remuneration and allowances decided by the Governor in Council.

(2) However, if the appointed member is a public service employee, the employee is not entitled to remuneration as a board member unless the remuneration—

(a) relates to the employee’s attendance at a meeting of the board outside the employee’s normal work hours; and

(b) is approved by the Governor in Council.

(3) The appointed member holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.

8F Vacancy in office of appointed member

(1) The office of the appointed member becomes vacant—

(a) if the appointed member—

(i) resigns office by signed notice to the Minister giving at least 1 month’s notice; or

(ii) is convicted of an indictable offence; or

(iii) is an insolvent under administration under the Corporations Act , section 9; or

(iv) is removed from office by the Governor in Council under subsection (2); or

(b) if the appointed member is suspended by the Minister under subsection (4)—during the period of the suspension.

(2) The Governor in Council may, at any time, remove the appointed member from office on the Minister’s recommendation.

(3) The Minister may recommend the appointed member’s removal from office only if the Minister is satisfied the appointed member—

(a) has been guilty of misconduct; or

(b) is incapable of performing the member’s duties; or

(c) has neglected the member’s duties or performed the duties incompetently.

(4) The Minister may suspend the appointed member for up to 60 days, by signed notice to the appointed member, if—

(a) there is an allegation of misconduct against the appointed member; or

(b) the Minister is satisfied a matter has arisen in relation to the appointed member that may be grounds for removal under this section.

8G Chairperson

(1) The Governor in Council must appoint a commissioner as the first chairperson of the board.

(2) Each year on the anniversary of the appointment of the first chairperson, the role of chairperson rotates to the other commissioner.

(3) In this section—

"commissioner" means—

(a) the police commissioner; or

(b) the fire commissioner.

Subdivision 3 - Board business

8H Conducting business The board may conduct its business, including its meetings, in the way the board considers appropriate.

8I Committees The board may appoint committees to advise the board on particular subjects.