Victorian Numbered Acts Victorian Numbered ActsSCHEDULE 1
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Sections 57 and 60
CONSTITUTION AND PROCEDURE OF INDUSTRY COUNCILS
In this Schedule—
"Council" means the Transport Industry Council or the Forestry Industry Council.
Subject to this Part, a member of a Council holds office for the period (not exceeding 3 years) specified in his or her instrument of appointment, and is eligible for re-appointment.
A member of a Council (other than a member who is an employee within the meaning of the Public Administration Act 2004 ) is entitled to be paid the fees and allowances (if any) that are fixed from time to time by the Minister.
(1) The Minister may appoint an eligible person to act as member—
(a) during a vacancy in the office of a member; or
(b) during an absence (for any reason) from office of a member; or
(c) during a period in which a member is unable (for any reason) to perform the duties of office.
(2) In the case of an acting member appointed for a member who was appointed from an organisation mentioned in sections 56(1)(b) or (c) or 59(1)(b) or (c), the acting member must, if possible, be appointed from the same organisation or another organisation nominated by it.
(3) The Minister may—
(a) determine the terms and conditions of appointment of an acting member; and
(b) terminate the appointment at any time.
(4) While acting in a member's place, the acting member—
(a) has all the powers and must perform all the duties of the member; and
(b) is entitled to be paid the fees and allowances (if any) to which the member would have been entitled.
(5) An acting member is eligible for re-appointment.
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(1) A member may resign from the office of member by writing signed by the member and delivered to the Minister.
(2) The Minister may remove a member from office at any time.
(3) The office of a member also becomes vacant if the member—
(a) becomes an insolvent under administration within the meaning of the Corporations Act; or
(b) is convicted in Victoria of an offence punishable by imprisonment for 12 months or more or elsewhere of an offence that, if committed in Victoria, would be punishable by imprisonment for 12 months or more; or
(c) becomes incapable of performing the duties of a member; or
(d) is absent, without leave first being granted by the relevant Council, for 4 consecutive meetings of that Council of which reasonable notice has been given to the member personally or by post, fax or e-mail.
(1) The Public Administration Act 2004 does not apply to a member in respect of the office of member.
(2) If by or under any Act provision is made—
(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office; or
(b) prohibiting the person from engaging in employment outside the duties of that office—
the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.
(3) For the avoidance of doubt, the office of member is not to be taken to be an office or place of profit under the Crown for the purposes of section 55(d) , 80A(5A)(a) or 83(4) of the Constitution Act 1975 or section 13A(5A)(a) or (5C) of the County Court Act 1958 .
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(1) The chairperson, or in his or her absence, the acting chairperson, or in the absence of both of them, a member elected by the members present, must preside at a meeting of the relevant Council.
(2) The quorum of a Council is 5 members.
(3) Subject to sub-clause (4), a question arising at a meeting is determined by a majority of votes and the person presiding has a deliberative vote and, in the case of an equality of votes, a second or casting vote.
(4) The Council members appointed under sections 56(1)(b) and 59(1)(b) do not have voting rights.
(5) A Council must ensure that accurate minutes are kept of each meeting.
(6) A Council may transact any of its business at a meeting at which the members or any of them participate by telephone, closed-circuit television or in any similar way.
(7) Subject to this Act, a Council may regulate its own procedure.
(1) If—
(a) a member of a Council has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Council; and
(b) the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter—
the member, as soon as practicable after becoming aware of the relevant facts, must disclose the nature of the interest at a meeting of the Council.
(2) A disclosure under sub-clause (1) must be recorded in the minutes of the meeting and, unless the Council otherwise determines, the member—
(a) must not be present during any deliberation of the Council in relation to the matter; and
(b) must not take part in any decision of the Council in relation to the matter.
(3) For the purpose of the making of a
determination of the Council under sub-clause (2) in relation to a member who
has made a disclosure under sub-clause (1), a member who has a direct or
indirect pecuniary interest in the matter to which the disclosure
relates—
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(a) must not be present during any deliberation of the Council in relation to the matter; and
(b) must not take part in any decision of the Council in relation to the matter.
(4) Sub-clauses (1) and (2) do not apply in relation to a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions.
(1) If—
(a) a Council has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and
(b) at least 5 of the members sign a document containing a statement that they are in favour of the resolution in the terms set out in the document—
a resolution in those terms is deemed to have been passed at a meeting of the Council held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign on the same day, on the day on which the last of those members signs the document.
(2) For the purposes of sub-clause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document.
(3) If a resolution is deemed by this clause to have been passed at a meeting of the Council, each member must as soon as practicable be advised of the matter and given a copy of the resolution.
(4) The members referred to in sub-clause (1)(b) must not include a member who, because of clause 7(4) or 8, is not entitled to vote on the resolution.
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An act or decision of a Council is not invalid only because—
(a) of a vacancy in its membership; or
(b) of a defect or irregularity in the appointment of any of its members (acting or otherwise); or
(c) in the case of an acting member, the occasion for the member so acting had not arisen or had ceased.
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