Part 5Provisions about committee members

Part 5 Provisions about committee members

10.87 Purpose of Part

This Part makes provision about the members of a Complaints Resolution Committee and the Determination Review Panel.

10.87A Interpretation of this Part

Unless the contrary intention appears, a reference in this Part to a member includes a reference to the Commissioner for Complaints.

10.88 Term of appointment

(1) A member is appointed for the term stated in the member’s appointment.

(2) A member, other than the Commissioner for Complaints, holds office on a part‑time basis.

Note For Commissioner for Complaints, see subsections 10.77 (3A) and 10.77A (2).

10.89 Disclosure of interests

(1) This section applies to a member of the committee if:

(a) the member has a direct or indirect financial or other interest in an issue being considered, or about to be considered, by the committee; and

(b) the interest could conflict with the proper performance of the member’s duties in relation to the committee’s consideration of the issue.

(2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the committee.

(3) The disclosure must be recorded in the committee’s minutes and, unless the committee decides otherwise, the member must not:

(a) be present when the committee considers the issue; or

(b) take part in a decision of the committee on the issue.

(4) Another member who also has a direct or indirect financial or other interest in the issue must not:

(a) be present when the committee is considering its decision under subsection (3); or

(b) take part in making the decision.

(5) This section applies to a member of the Determinations Review Panel in the same way as it applies to a member of the committee.

10.90 Impartiality of members

(1) A member of the committee is not subject to the direction of anyone else in relation to anything done as a member.

(2) This section applies to a member of the Determinations Review Panel in the same way as it applies to a member of the committee.

10.91 Duty of confidentiality

(1) A member of a committee, or a person who attends a meeting of the committee at the invitation of the chairperson, must not disclose or communicate to anyone else:

(a) any of the deliberations or determinations of the committee; or

(b) any information or evidence given to the committee.