SCHEDULE 2 - Members and Meetings of Scientific Advisory Committee and Community Review Committee

Sections 8 (7) and 9 (4)

1.    Interpretation

In this Schedule, Committee means the Scientific Advisory Committee or the Community Review Committee.

2.    Term of office

A member of a Committee is to be appointed for such term, not exceeding 3 years, as is specified in the instrument of appointment and, if otherwise qualified, is eligible for re-appointment for a term, not exceeding 3 years, specified in the instrument of re-appointment.

3.    Provisions relating to members

Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his or her time to the duties of his or her office, that provision does not operate to disqualify him or her from holding that office and also the office of a member of a Committee.

4.    Remuneration, &c., of members

A member of a Committee is to be paid such remuneration, expenses and allowances as the Minister may determine, but no such determination applies in respect of a member of the Committee who holds office in the State Service unless the Minister administering the State Service Act 2000 approves of the determination.

5.    State Service Act 2000 not to apply

The provisions of the State Service Act 2000 do not apply to, or in respect of, the appointment of a member of a Committee and a member of the Committee is not, in his or her capacity as such a member, subject to the provisions of that Act during his or her term of office.

6.    Appointment of substitute to act during absence of member of Committee

(1) The Minister may appoint any person (including a member of a Committee other than the chairperson of the Committee) to act in the office of the chairperson or appoint any person to act in the office of a member of the Committee other than the chairperson while the chairperson or that member of the Committee, as the case may be, is absent from office through illness or any other cause.

(2) A member of a Committee other than the chairperson is, for the purposes of subclause (1) , taken to be absent from his or her office if the member is acting in the office of chairperson under subclause (1) .

(3) A member of a Committee is, for the purposes of subclause (1) , taken to be absent from his or her office if there is a vacancy in that office which has not been filled in accordance with clause 8 .

(4) A person is not concerned to inquire whether or not any occasion has arisen requiring or authorising a person to act in the office of a member of a Committee and all things done or omitted to be done by that person while so acting are as valid, and have the same consequences, as if they had been done or omitted to be done by that member.

7.    Vacation of office

(1) The office of a member of a Committee becomes vacant –

(a) when the member dies; or

(b) if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration or estate for their benefit; or

(c) if the member is absent from 3 consecutive ordinary meetings of the Committee of which reasonable notice has been given to him or her, either personally or in the ordinary course of post, unless on leave granted by the Minister or unless, before the expiration of 3 weeks after the last of those meetings, the member is excused by the Minister for his or her absence from those meetings; or

(d) if the member is convicted in Tasmania of a crime or offence which is punishable by imprisonment for a period of not less than 12 months, or if the member is convicted elsewhere than in Tasmania of an offence which, if committed in Tasmania, would be a crime or an offence so punishable; or

(e) if the member resigns his or her office by writing under his or her hand addressed to the Minister and the Minister accepts the resignation; or

(f) if the member is removed from office by the Minister under subclause (2) .

(2) The Minister may remove from office a member of a Committee if the Minister is satisfied that the member –

(a) has voted at any meeting of the Committee in respect of any matter in which the member was at the time interested (otherwise than as a member of the public or as an elector of, or rate-payer to, any municipality, or as a shareholder in a company in which there were at that time more than 20 members and of which the member was not at that time a director or officer); or

(b) is unable to perform adequately or competently the duties of the member's office.

(3) A member of a Committee must not be removed from office otherwise than in accordance with this clause.

8.    Filling of casual vacancies

On the occurrence of a vacancy in the office of a member of a Committee otherwise than by the expiration of the term for which the member was appointed, the Minister may appoint a person to the vacant office for the balance of his or her predecessor's term of office.

9.    Protection of members of Committee

A member of a Committee is not personally liable for an honest act or omission in the performance or the purported performance of functions, or exercise or purported exercise of powers, under this Act.

10.    Validity of proceedings, &c.

(1) An act or proceeding of a Committee is not invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Committee.

(2) All acts and proceedings of a Committee are, notwithstanding the subsequent discovery of any defect in the appointment of any member of the Committee or that any person was disqualified from acting as, or incapable of being, a member of the Committee, as valid as if the member had been duly appointed and was qualified to act, or capable of being, a member and as if the Committee had been fully constituted.

11.    Presumptions

In any proceedings by or against a Committee, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Committee; or

(b) any resolution of the Committee; or

(c) the appointment of any member of the Committee; or

(d) the presence of a quorum at any meeting of the Committee.

12.    Convening of meetings of Committee

Meetings of a Committee may be convened by the chairperson of the Committee or by any 3 members of the Committee.

13.    Procedure at meetings

(1) At any meeting of the Community Review Committee, 5 members form a quorum.

(1A) At any meeting of the Scientific Advisory Committee, 4 members form a quorum.

(2) Questions arising at a meeting of a Committee are to be determined by a majority of votes of the members of the Committee present and voting.

(3) A Committee may obtain information from any person so as to assist it in the discharge of its functions.

(4) A Committee must keep full and accurate minutes of the proceedings at each of its meetings.

14.    Chairing of meetings

The chairperson of a Committee or, in the absence of the chairperson, the person acting in the office of chairperson is to preside at a meeting of the Committee.

15.    General procedure

The procedure for the calling of, and for the conduct of business at, meetings of a Committee is, subject to any procedure that is specified in this Schedule, to be as determined by the Committee.