South Australian Numbered Acts

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HEALTH CARE ACT 2008 (NO 3 OF 2008) - SCHEDULE 1

Schedule 1—Health Performance Council

1—Chairperson and Deputy Chairperson

        (1)         The Governor is to appoint 2 of the members of HPC (by their respective instruments of appointment or by other instruments executed by the Governor) as Chairperson and Deputy Chairperson of HPC, respectively.

        (2)         The Governor may remove a member from the office of Chairperson or Deputy Chairperson of HPC at any time.

        (3)         A person holding office as Chairperson or Deputy Chairperson of HPC vacates that office if the person—

            (a)         is removed from that office by the Governor; or

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

            (c)         ceases to be a member of HPC.

2—Deputies

        (1)         The Governor may, from time to time, appoint a suitable person to be the deputy of a member of HPC, and the Governor may revoke any such appointment.

        (2)         In the absence of a member, the member's deputy—

            (a)         is, if available, to act in the place of the member; and

            (b)         while so acting, has all the functions of the member and is taken to be a member.

        (3)         The deputy of a member who is Chairperson or Deputy Chairperson of HPC does not (because of this clause) have the member's functions as Chairperson or Deputy Chairperson.

3—Term of office

        (1)         Subject to this Schedule, a member of HPC holds office for such period (not exceeding 4 years) as may be specified in the member's instrument of appointment and is eligible for reappointment at the expiration of a term of office.

        (2)         However, a member may not hold office for consecutive terms that exceed 8 years in total.

4—Allowances

A member of HPC is entitled to fees, allowances and expenses approved by the Governor.

5—Vacancy in office of member

        (1)         The Governor may remove a member from office—

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

            (b)         for neglect of duty; or

            (c)         for mental or physical incapacity to carry out duties of office satisfactorily; or

            (d)         for dishonourable conduct; or

            (e)         if serious irregularities have occurred in the conduct of HPC's affairs or HPC has failed to carry out its functions satisfactorily and the Minister considers that HPC should be reconstituted for that reason.

        (2)         The office of a member of HPC 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)         becomes an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth; or

            (e)         is convicted in South Australia of an offence that is punishable by imprisonment for a term of 12 months or more, or is convicted elsewhere than in South Australia of an offence that, if committed in South Australia, would be an offence so punishable; or

            (f)         is removed from office under subclause (1).

        (3)         If the office of a member of HPC becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.

6—Procedures of HPC

        (1)         The procedure for the calling of meetings of HPC and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by HPC.

        (2)         The quorum for a meeting of HPC is a majority of its members for the time being.

        (3)         The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson or, in the absence of both, another member elected to chair the meeting by the members present, is to preside at a meeting of HPC.

        (4)         A conference by telephone or other electronic means between the members of HPC will, for the purposes of this Act, be taken to be a meeting of HPC at which the participating members are present if—

            (a)         notice of the conference is given to all members in the manner determined by the members of HPC for that purpose; and

            (b)         each participating member is capable of communicating with every other participating member during the conference.

7—Committees and subcommittees

        (1)         HPC may establish committees or subcommittees as HPC thinks fit to advise HPC on any aspect of its functions, or to assist HPC in the performance of its functions.

        (2)         A committee or subcommittee established under subclause (1) may, but need not, consist of, or include, members of HPC.

        (3)         The procedures to be observed in relation to the conduct of business of a committee or a subcommittee will be—

            (a)         as prescribed by regulation; or

            (b)         insofar as the procedure is not prescribed by regulation—as determined by HPC; or

            (c)         insofar as the procedure is not prescribed by regulation or determined by HPC—as determined by the relevant committee or subcommittee.



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