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WESTERN AUSTRALIAN FUTURE HEALTH RESEARCH AND INNOVATION FUND ACT 2012 - SECT 4H

4H .         Other provisions relating to advisory group

        (1)         A member of the advisory group under section 4G(3)(c) to (f) —

            (a)         holds office for the period, not exceeding 5 years, specified in their instrument of appointment (subject to any condition specified in that instrument under which the appointment may be ended before that period expires or under which the member may be suspended); and

            (b)         is eligible for reappointment; and

            (c)         unless, or except to the extent that, their instrument of appointment specifies otherwise, is entitled to remuneration and allowances, and may be reimbursed expenses, as determined by the Minister for Health on the recommendation of the Public Sector Commissioner; and

            (d)         otherwise holds office on the conditions specified in their instrument of appointment.

        (2)         The Minister for Health may do the following —

            (a)         determine, as the Minister for Health considers appropriate, any matters relating to the operation or procedure of the advisory group (including (without limitation) its quorum and matters relating to voting);

            (b)         without limiting paragraph (a), designate a member of the advisory group as its chairperson.

        (3)         Subject to subsection (2), the advisory group —

            (a)         may determine its own procedure; and

            (b)         without limiting paragraph (a), may perform its function through sub-groups of its members; and

            (c)         may perform its function despite any vacancy in its membership.

        (4)         Despite subsections (2) and (3), a member of the advisory group under section 4G(3)(a) or (b) is a non-voting member and cannot be the chairperson.

        (5)         If a member of the advisory group under section 4G(3)(c) to (f) is unable or unavailable to act because of suspension, illness, absence or other cause, the Minister for Health may appoint another individual (subject to the requirements of the relevant provision of section 4G(3)(c) to (f)) as an alternate member to act temporarily in the member’s place.

        (6)         While acting in accordance with the appointment, the alternate member is, and has any entitlement of, a member of the advisory group under section 4G(3)(c) to (f).

        (7)         An act or omission of an alternate member cannot be questioned on the ground that the occasion for the appointment or acting had not arisen or had ceased.

        (8)         Subsection (9) applies to an individual who is, or has been, a member of the advisory group.

        (9)         No civil liability attaches to the individual for anything that the individual has done, or omitted to do, in good faith —

            (a)         in the performance, or purported performance, of the advisory group’s function; or

            (b)         otherwise as a member of the advisory group.

        [Section 4H inserted: No. 22 of 2020 s. 9.]



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