Queensland Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WORKERS' COMPENSATION AND REHABILITATION (COAL WORKERS' PNEUMOCONIOSIS) AND OTHER LEGISLATION AMENDMENT ACT 2017 - SECT 39

Amendment of sch 2 (The regulator and local tripartite consultation arrangements and other local arrangements)

39 Amendment of sch 2 (The regulator and local tripartite consultation arrangements and other local arrangements)

Schedule 2
insert—

Part 2A - Affected persons committee

Division 1 - Preliminary

23A Definitions for part In this part—

"affected person" means a person who is affected, directly or indirectly, by a workplace incident that involves death or a serious injury or illness.

"affected persons committee" see section 23B .

"committee member" see section 23D (1).

"workplace incident" means an incident that happens at a workplace, including a workplace to which this Act does not apply.

Division 2 - Establishment and functions

23B Establishment The Persons Affected by Work-related Fatalities and Serious Incidents Consultative Committee (the
"affected persons committee" ) is established.
23C Functions
(1) The primary function of the affected persons committee is to give advice and make recommendations to the Minister about the information and support needs of affected persons.
(2) Without limiting subsection (1) , the affected persons committee may discharge its primary function by—
(a) providing advice about, and contributing to the development and review of, policies, practices and strategies for liaising with and providing information and support to affected persons; and
(b) considering and making recommendations about other matters relating to the information and support needs of affected persons referred to the committee by the Minister.
(3) The regulator must give the affected persons committee the necessary administrative and other support to enable the committee to perform its functions efficiently and effectively.

Division 3 - Membership

23D Membership
(1) The affected persons committee consists of the following members (each a
"committee member" ) appointed by the Minister—
(a) the chairperson;
(b) the deputy chairperson;
(c) at least 4 other members, each of whom represents—
(i) an affected person; or
(ii) a person affected, directly or indirectly, by a relevant incident.
(2) A person may be appointed as the chairperson or deputy chairperson if—
(a) the person has or had a serious injury or illness as a result of a workplace incident or a relevant incident; or
(b) a relative of the person died, or has or had a serious injury or illness, as a result of a workplace incident or a relevant incident.
(3) In appointing a committee member, the Minister must have regard to providing for balanced gender representation in the membership of the committee.
(4) In this section—

"relevant incident" means an incident, other than a workplace incident, involving death or serious injury or illness, if the circumstances of the incident are relevant to securing the health and safety of workers and workplaces.
23E Term of appointment
(1) A committee member holds office for the term, not longer than 3 years, decided by the Minister.
(2) Subsection (1) does not prevent a committee member from being reappointed.
23F Vacancy in office
(1) A committee member’s office becomes vacant if—
(a) the member completes the member’s term of office and is not reappointed; or
(b) the member resigns office by signed notice given to the Minister; or
(c) the member is found guilty of an indictable offence or an offence against this Act; or
(d) the member is absent, without the Minister’s leave and without reasonable excuse, from 3 consecutive ordinary meetings of the affected persons committee; or
(e) the member’s appointment is ended by the Minister under subsection (2) .
(2) The Minister may, at any time, end the appointment of a committee member for any reason or none.
23G Conditions of appointment
(1) A committee member is appointed on a part-time basis.
(2) A committee member is to be paid the remuneration and allowances decided by the Minister.
(3) A committee member holds office on the terms, not otherwise provided for by this Act, decided by the Minister.
(4) A committee member is appointed under this Act and not the Public Service Act 2008 .
23H Leave of absence The Minister may—
(a) approve a leave of absence for a committee member; and
(b) appoint someone else to act in the office of the committee member while the member is absent on leave.

Division 4 - Proceedings

23I Conduct of business Subject to this division, the affected persons committee may conduct its business, including its meetings, in the way it considers appropriate.
23J Quorum A quorum for the affected persons committee is one-half the number of its committee members, or if one-half is not a whole number, the next highest whole number.
23K Meetings
(1) Meetings of the affected persons committee are to be held at the times and places the chairperson decides.
(2) However, the chairperson must call a meeting if asked in writing to do so by—
(a) the Minister; or
(b) at least the number of committee members forming a quorum for the committee.
23L Presiding at meetings
(1) The chairperson presides at all meetings of the affected persons committee at which the chairperson is present.
(2) If the chairperson is absent from a meeting, the deputy chairperson is to preside.
(3) If neither the chairperson nor the deputy chairperson is present at a meeting, the committee member chosen by the members present is to preside.
23M Minutes The affected persons committee must keep minutes of its meetings.

Division 5 - Other matters

23N Disclosure of interests
(1) This section applies to a committee member if—
(a) the member has a direct interest in an issue being considered, or about to be considered, by the affected persons committee; and
(b) the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.
(2) As soon as practicable after the relevant facts come to the committee member’s knowledge, the member must disclose the nature of the interest to a meeting of the affected persons committee.
(3) Unless the affected persons committee otherwise decides, the committee member must not—
(a) be present when the committee considers the issue; or
(b) take part in a decision of the committee about the issue.
(4) The committee member must not be present when the affected persons committee is considering its decision under subsection (3) .
(5) If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not—
(a) be present when the affected persons committee is considering its decision under subsection (3) ; or
(b) take part in making the decision.
(6) Subsection (7) applies if—
(a) because of this section, a committee member is not present at a meeting for considering or deciding an issue, or making a decision under subsection (3) ; and
(b) there would be a quorum if the committee member were present.
(7) The remaining committee members present are a quorum of the affected persons committee for considering or deciding the issue, or making a decision under subsection (3) , for the meeting.
23O Annual report
(1) As soon as practicable, but within 4 months, after the end of each financial year, the affected persons committee must give the Minister a written report about the performance of its functions during the year.
(2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback