South Australian Numbered Acts

HEALTH CARE ACT 2008 (NO 3 OF 2008) - SCHEDULE 2

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—

            (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 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

            (f)         on 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—

            (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 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.

4—Presiding member

The Minister must appoint a member of a HAC to be the presiding member of the HAC.

5—Procedures

        (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—

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

            (b)         each 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 functions.

        (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—

            (a)         as determined by the HAC; or

            (b)         insofar as the procedure is not determined by the HAC—as determined by the relevant committee or subcommittee.

7—Interpretation

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).