South Australian Numbered Acts

OCCUPATIONAL HEALTH, SAFETY AND WELFARE (SAFEWORK SA) AMENDMENT ACT 2005 (NO 41 OF 2005) - SECT 5

5—Substitution of Part 2

Part 2—delete the Part and substitute:

Part 2—The SafeWork SA Advisory Committee

Division 1—Establishment of Advisory Committee

7—Establishment of Advisory Committee

The SafeWork SA Advisory Committee is established.

Division 2—The Advisory Committee's membership

8—Composition of the Advisory Committee

        (1)         The Advisory Committee consists of 11 members of whom—

            (a)         9 will be appointed by the Governor and of these—

                  (i)         1 will be the presiding member appointed on the recommendation of the Minister; and

                  (ii)         4 will be persons who, in the opinion of the Minister, are suitable to represent the interests of employers (1 being a person considered by the Minister to be suitable to represent the interests of the public sector as an employer), appointed on the recommendation of the Minister after the Minister has consulted with Business SA, and with associations representing the interests of employers determined to be appropriate by the Minister; and

                  (iii)         4 will be persons who, in the opinion of the Minister, are suitable to represent the interests of employees (1 being a person considered by the Minister to be suitable to represent the interests of employees in the public sector), appointed on the recommendation of the Minister after the Minister has consulted with the United Trades and Labor Council, and with other associations representing the interests of employees determined to be appropriate by the Minister; and

            (b)         1 will be the Director ( ex officio ); and

            (c)         1 will be the Chief Executive of WorkCover ( ex officio ).

        (2)         In proposing persons for appointment to the Advisory Committee, an organisation or association consulted under subsection (1) should seek to promote gender balance, and diversity, in the membership of the Advisory Committee.

        (3)         Subject to subsection (4), the Minister may appoint a suitable person to be a deputy of a member of the Advisory Committee and to act as a member of the Advisory Committee during any period of absence of the member.

        (4)         During the absence of the presiding member of the Advisory Committee, the Director will act in the position of the presiding member (and if the Director is unavailable then a member of the Advisory Committee appointed by the remaining members will act in the position of presiding member).

9—Terms and conditions of office

        (1)         An appointed member of the Advisory Committee will hold office on conditions, and for a term (not exceeding 3 years), determined by the Governor and, on the expiration of a term of appointment, is eligible for re-appointment.

        (2)         The Governor may remove an appointed member from office for—

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

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

            (c)         neglect of duty; or

            (d)         dishonourable conduct.

        (3)         The office of an appointed member becomes vacant if the member—

            (a)         dies; or

            (b)         completes a term of office and is not re-appointed; or

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

            (d)         is found guilty of an indictable offence; or

            (e)         is found guilty of an offence against subsection (6); or

            (f)         is removed from office by the Governor under subsection (2).

        (4)         On the office of an appointed member of the Advisory Committee becoming vacant, a person must be appointed, in accordance with this Act, to the vacant office.

        (5)         The Minister must ensure that a vacant office is filled within 6 months after the vacancy occurs.

        (6)         A member of the Advisory Committee who has a direct or indirect personal or pecuniary interest in a matter under consideration by the Advisory Committee—

            (a)         must, as soon as practicable after becoming aware of the interest, disclose the nature and extent of the interest to the Advisory Committee; and

            (b)         must not take part in a deliberation or decision of the Advisory Committee on the matter and must not be present at a meeting of the Advisory Committee when the matter is under consideration.

Maximum penalty: Division 5 fine or imprisonment for two years.

        (7)         Subsection (6) operates subject to the qualification that a member of the Advisory Committee who has made a disclosure under that subsection may, with the permission of a majority of the members of the Advisory Committee who may vote on the matter, attend or remain at the meeting in order to ask or answer questions, or to provide any other information or material that may be relevant to the deliberations of the Advisory Committee, provided that the member then withdraws from the room and does not in any other way take part in any deliberations or vote on the matter.

        (8)         The court by which a person is convicted of an offence against subsection (6) may, on the application of an interested person, make an order avoiding a contract to which the non-disclosure relates and for restitution of property passing under the contract.

10—Allowances and expenses

        (1)         An appointed member of the Advisory Committee is entitled to fees, allowances and expenses approved by the Governor.

        (2)         The amount of any fees, allowances or expenses paid under subsection (1) will be recoverable from the Compensation Fund under the Workers Rehabilitation and Compensation Act 1986 under a scheme established or approved by the Treasurer.

11—Validity of acts and immunity of members

        (1)         An act or proceeding of the Advisory Committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

        (2)         No personal liability attaches to a member of the Advisory Committee for an act or omission by the member or the Advisory Committee in good faith in performance, exercise or discharge, or purported performance, exercise or discharge, of the member's or the Advisory Committee's functions, powers or duties under this Act.

        (3)         A liability that would, but for subsection (2), lie against a member of the Advisory Committee will lie instead against the Crown.

Division 3—Proceedings

12—Proceedings

        (1)         Six members of the Advisory Committee, of whom—

            (a)         1 is the presiding member, or the Director acting in the absence of the presiding member (unless the Director is unavailable); and

            (b)         at least 2 are members appointed to represent the interests of employers; and

            (c)         at least 2 are members appointed to represent the interests of employees,

constitute a quorum of the Advisory Committee.

        (2)         When a matter arises for decision at a meeting of the Advisory Committee—

            (a)         the members appointed to represent the interests of employers or employees will each have a deliberative vote; and

            (b)         if those deliberative votes are equal, the person presiding at the meeting does not have a casting vote.

        (3)         The members of the Advisory Committee holding office under section 8(1)(b) and (c) do not have a vote on any matter arising for decision at a meeting of the Advisory Committee.

        (4)         A decision carried by a majority of the votes cast under subsection (2)(a) is a decision of the Advisory Committee.

        (5)         A telephone or video conference between members of the Advisory Committee constituted in accordance with procedures determined by the Advisory Committee will, for the purposes of this section, be taken to be a meeting of the Advisory Committee at which the participating members are present.

        (6)         A resolution of the Advisory Committee—

            (a)         of which notice was given to all members of the Advisory Committee in accordance with procedures determined by the Advisory Committee; and

            (b)         in which a majority of the members of the Advisory Committee who would be entitled to vote under subsection (2) if the matter were before a meeting of the Advisory Committee have expressed their concurrence in writing or in some other manner determined by the Advisory Committee,

will be taken to be a decision of the Advisory Committee made at a meeting of the Advisory Committee.

        (7)         The Advisory Committee must cause an accurate record to be kept of its proceedings.

        (8)         Subject to this Act, the proceedings of the Advisory Committee will be conducted in a manner determined by the Advisory Committee.

Division 4—Functions and powers

13—Functions of the Advisory Committee

        (1)         The functions of the Advisory Committee are—

            (a)         to keep the administration and enforcement of this Act, and any other legislation relevant to occupational health, safety and welfare, under review, and to make recommendations for change as the Advisory Committee thinks fit; and

            (b)         to advise the Minister (on its own initiative or at the request of the Minister) on—

                  (i)         legislation, regulations, codes, standards and policies relevant to occupational health, safety and welfare; and

                  (ii)         national and international developments in the field of occupational health, safety and welfare; and

                  (iii)         the establishment of public inquiries and legislative and other reviews concerning issues associated with occupational health, safety and welfare; and

            (c)         to provide a forum for ensuring consultation and co-operation between WorkCover, associations representing the interests of employees or employers, industry associations, Government agencies and other public authorities, and other interested persons or bodies, in relation to occupational health, safety or welfare matters; and

            (d)         to prepare, adopt, promote or endorse prevention strategies, standards, codes, guidelines or guidance notes, and to recommend practices, to assist people in connection with occupational health, safety and welfare; and

            (e)         to promote education and training with respect to occupational health, safety and welfare, to develop, support, accredit, approve or promote courses or programmes relating to occupational health, safety or welfare, and to accredit, approve or recognise education providers in the field of occupational health, safety and welfare; and

            (f)         to keep the provision of services relevant to occupational health, safety and welfare under review; and

            (g)         to collect, analyse and publish information and statistics relating to occupational health, safety or welfare; and

            (h)         to commission or sponsor research in relation to any matter relevant to occupational health, safety or welfare; and

                  (i)         to initiate, co-ordinate or support projects and activities that promote public discussion or comment in relation to the development or operation of legislation, codes of practice and other material relevant to occupational health, safety or welfare; and

            (j)         to promote occupational health, safety or welfare programs, and to make recommendations with respect to the making of grants in support of projects and activities relevant to occupational health, safety or welfare; and

            (k)         to consult and co-operate with relevant national, State and Territory authorities; and

            (l)         to report to the Minister on any matter referred to the Advisory Committee by the Minister; and

            (m)         as it thinks fit, to consider any other matter relevant to occupational health, safety or welfare; and

            (n)         to carry out other functions assigned to the Advisory Committee by or under this or any other Act.

        (2)         The Advisory Committee may, with the approval of the Minister—

            (a)         perform functions conferred on the Advisory Committee by or under a law of the Commonwealth, another State or a Territory;

            (b)         confer (subject to conditions or limitations (if any) specified by the Minister) functions of the Advisory Committee on an authority established by or under a law of the Commonwealth, another State or a Territory.

        (3)         The Advisory Committee should seek—

            (a)         to ensure that South Australia takes advantage of initiatives that are recognised as being at the forefront of occupational health, safety and welfare practices; and

            (b)         to achieve a high level of consistency between occupational health, safety and welfare standards and requirements under this Act and corresponding standards and requirements under the laws of the Commonwealth, the other States and the Territories (insofar as to do so is in the best interests of the State).

        (4)         The Advisory Committee should, as far as reasonably practicable, ensure that information provided for use in the workplace is in a language and form appropriate for those expected to make use of it.

        (5)         If the Minister receives a recommendation from the Advisory Committee under this Act, the Minister should, within 2 months, respond in writing to the Advisory Committee in relation to the recommendation.

        (6)         The Advisory Committee may establish such committees and subcommittees as it thinks fit (which may, but need not, consist of, or include, members of the Advisory Committee) to advise it on, or to assist it with respect to, any aspect of its functions under this Act.

        (7)         The Advisory Committee has the power to do anything necessary, expedient or incidental to the performance of its functions.

Division 5—Use of staff and facilities

14—Use of staff and facilities

        (1)         The Advisory Committee may, by agreement with the Minister responsible for an administrative unit in the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.

        (2)         The Advisory Committee may, by agreement with the relevant agency or instrumentality, make use of the services of the staff, equipment or facilities of any other agency or instrumentality of the Crown.

Division 6—Related matters

15—Confidentiality

A member of the Advisory Committee who, as a member of the Advisory Committee, acquires information that—

            (a)         the member knows to be of a commercially sensitive nature, or of a private confidential nature; or

            (b)         the Advisory Committee classifies as confidential information,

must not divulge the information without the approval of the Advisory Committee.

Maximum penalty: Division 6 fine.

16—Annual report

        (1)         The Advisory Committee must, on or before 30 September in each year, provide to the Minister a report on the work of the Advisory Committee, and on other matters relevant to the operation and administration of this Act, for the financial year ending on the preceding 30 June.

        (2)         A report under this section may be incorporated into the annual report of the Department.

        (3)         The Minister must cause a copy of a report prepared under subsection (1) to be laid before both Houses of Parliament within 12 sitting days after the report is received by the Minister.