Schedule 2—Health Advisory Councils
1—Term of office
Subject to this Schedule, a member of a HAC holds office for such period (not
exceeding 3 years) as may be determined by the constitution or rules of the
HAC and is eligible for reappointment at the expiration of a term of office.
2—Vacancy in office of member
(1) The Minister may
remove a member from office—
breach of, or non-compliance with, a condition of appointment; or
neglect of duty; or
mental or physical incapacity to carry out duties of office satisfactorily; or
dishonourable conduct; or
serious irregularities have occurred in the conduct of the HAC's affairs or
the HAC has failed to carry out its functions satisfactorily and the Minister
considers that the HAC should be reconstituted for that reason; or
any other ground specified by the constitution or rules of the HAC.
(2) The office of a
member of a HAC becomes vacant if the member—
completes a term of office and is not reappointed; or
resigns by written notice to the Minister; or
becomes an insolvent under administration within the meaning of the
Corporations Act 2001 of the Commonwealth; or
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
removed from office under subclause (1).
(3) If the office of a
member of a HAC becomes vacant, a person may, subject to this Act, be
appointed to fill the vacancy.
3—Duties of members
A member of a HAC that has not been incorporated under this Act will be taken
to be an advisory body member within the ambit of Part 2 Division 4 of
the Public Sector Management Act 1995 despite the fact that the HAC is
not comprised of members appointed by the Governor or a Minister.
The Minister must appoint a member of a HAC to be the presiding member of the
(1) The procedure for
the calling of meetings of a HAC and for the conduct of business at those
meetings is, subject to this Act and the constitution or rules of the HAC, to
be as determined by the HAC.
(2) A conference by
telephone or other electronic means between the members of a HAC will, for the
purposes of this Act, be taken to be a meeting of the HAC at which the
participating members are present if—
notice of the conference is given to all members in the manner determined by
the members of the HAC for that purpose; and
participating member is capable of communicating with every other
participating member during the conference.
6—Committees and subcommittees
(1) A HAC may
establish committees or subcommittees as the HAC thinks fit to advise the HAC
on any aspect of its functions, or to assist HPC in the performance of its
(2) A committee or
subcommittee established under subclause (1) may, but need not, consist
of, or include, members of the HAC.
(3) The procedures to
be observed in relation to the conduct of business of a committee or a
subcommittee will be—
determined by the HAC; or
insofar as the procedure is not determined by the HAC—as determined by
the relevant committee or subcommittee.
A reference in this Schedule to a member of a HAC will, in the case of a HAC
that has been incorporated under this Act, be taken to be a reference to a
member of the governing body of a HAC (unless the contrary intention appears).