South Australian Numbered Acts

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FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SECT 18

18—Advisory Board

        (1)         The Minister must establish the Fire and Emergency Services Advisory Board (the "Advisory Board").

        (2)         The Advisory Board has the following functions:

            (a)         to provide to the Commission and the emergency service organisations advice on matters relating to prevention, preparedness, response and recovery as part of emergency management;

            (b)         to provide to the Minister, the Commission and the emergency service organisations advice on other matters within the emergency services sector, particularly in relation to matters affecting volunteers;

            (c)         to provide advice to—

                  (i)         the Minister on any matter referred by the Minister;

                  (ii)         the Commission on any matter referred by the Commission;

                  (iii)         an emergency services organisation on any matter referred by the organisation.

        (3)         The Advisory Board consists of the following members appointed by the Minister:

            (a)         1 member appointed to be the presiding member of the Advisory Board; and

            (b)         1 member appointed on the joint nomination of the Chief Officer of SAMFS and UFU, being a person who is, under the organisational structures of SAMFS, a retained firefighter ; and

            (c)         2 members appointed on the nomination of the South Australian Volunteers Fire-Brigades Association; and

            (d)         2 members appointed on the nomination of S.A.S.E.S. Volunteers' Association Incorporated; and

            (e)         1 member appointed on the nomination of the LGA; and

            (f)         1 member appointed on the nomination of the UFU.

        (4)         The presiding member must be a person who, in the opinion of the Minister, is independent of the Commission, the emergency services organisations, and the associations that represent the interests of members of the emergency services organisations.

        (5)         At least 1 member of the Advisory Board must be a woman and at least 1 member must be a man.

        (6)         A member of the Advisory Board will be appointed on conditions determined by the Minister for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment.

        (7)         The Minister may remove a member of the Advisory Board from office—

            (a)         for breach of, or non-compliance with, a condition of appointment; or

            (b)         for misconduct; or

            (c)         for being absent from 4 or more consecutive meetings of the Advisory Board without leave of the Board; or

            (d)         for failure or incapacity to carry out official duties satisfactorily.

        (8)         The office of a member of the Advisory Board becomes vacant if the member—

            (a)         dies; or

            (b)         completes a term of office and is not reappointed; or

            (c)         resigns by written notice to the Minister; or

            (d)         is removed from office under subsection (7).

        (9)         The Minister may appoint a suitable person to be the deputy of a member of the Advisory Board and that person may, in the absence of that member, act as a member of the Advisory Board.

        (10)         The procedures to be observed in relation to the conduct of the business of the Advisory Board will be—

            (a)         as prescribed by the regulations;

            (b)         insofar as the procedure is not determined under paragraph (a)—as determined by the Minister;

            (c)         insofar as the procedure is not determined under paragraph (a) or (b)—as determined by the Advisory Board.

        (11)         4 members of the Advisory Board constitute a quorum of the Board.

        (12)         However, the member of the Advisory Board appointed under subsection (3)(f) will not have a vote at a meeting of the Advisory Board.

        (13)         If—

            (a)         the Advisory Board provides written advice to the Minister; and

            (b)         the Advisory Board, at the time of providing that advice or at some later time, by notice in writing to the Minister, requests that a copy of the advice be tabled in Parliament,

then the Minister must, within 6 sitting days after receiving the request, have copies of the advice laid before both Houses of Parliament.

        (14)         The Governor may, by regulation, provide for any other matter that may be relevant to the processes or activities of the Advisory Board.



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