32Appointment of Council members

32 Appointment of Council members

(1) The Council members are to be appointed by the Minister by written instrument, on a part‑time basis. (2) The instrument of appointment of a Council member must specify whether the member is appointed as: (a) the Chair; or (b) the member representing the Commonwealth; or (c) a member representing State, Territory and local governments; or (ca) the member representing the interests of workers in Australia; or (cb) the member representing the interests of employers in Australia; or (d) one of the other members. (3) A person is eligible for appointment as a Council member under paragraph 31(a), (d), (e) or (f) only if the Minister is satisfied that: (a) the person has knowledge or experience in one or more of the following: (i) asbestos safety; (ii) public health issues relating to asbestos; (iii) asbestos‑related diseases; (iv) the representation of, or the provision of support to, persons with asbestos‑related diseases and their families; (v) silica safety; (vi) silica‑related diseases; (vii) the representation of, or the provision of support to, persons with silica‑related diseases and their families; (viii) financial management; (ix) corporate governance; or (b) the person: (i) has, or has had, an asbestos‑related disease; or (ii) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, an asbestos‑related disease; or (iii) has, or has had, a silica‑related disease; or (iv) has lived experience as a family member, carer or advocate in providing support to a person who has, or has had, a silica‑related disease. (4) A person is eligible for appointment as a Council member under paragraph 31(d) only if: (a) the person has been nominated for the appointment by an authorised worker body; and (b) the Minister agrees to the person being appointed. (5) If an authorised worker body nominates a person but the Minister does not agree to the person being appointed, an authorised worker body (which may be the same or a different body) may nominate another person for the appointment. (6) The Minister may authorise a body for the purposes of subsections (4) and (5) if the Minister considers that the body represents the interests of workers in Australia. If the Minister does so, the body is an authorised worker body. (7) A person is eligible for appointment as a Council member under paragraph 31(e) only if: (a) the person has been nominated for the appointment by an authorised employer body; and (b) the Minister agrees to the person being appointed. (8) If an authorised employer body nominates a person but the Minister does not agree to the person being appointed, an authorised employer body (which may be the same or a different body) may nominate another person for the appointment. (9) The Minister may authorise a body for the purposes of subsections (7) and (8) if the Minister considers that the body represents the interests of employers in Australia. If the Minister does so, the body is an authorised employer body.