Div 3Constitution of board

Division 3—Constitution of board 10—Establishment of Board (1) The Commission is administered by a board established as the governing body of the Commission under this Division. (1a) In acting under subsection (1), the Board is responsible for— (a) establishing the strategic direction of the Commission; and (b) ensuring that the functions of the Commission are effectively exercised in accordance with this or any other Act; and (c) developing an annual budget for the Commission and monitoring results against the Commission's budget on a regular basis; and (d) monitoring and assessing the performance and outcomes of the Commission against its statutory, strategic and other responsibilities, goals and objectives. (2) An act done or decision made by the Board (including by exercising any power of the Commission under this or any other Act) is an act or decision of the Commission. 11—Constitution of Board (1) The Board consists of the following members: (a) the presiding member, being a member appointed by the Governor who is not an officer, member or employee of an emergency services organisation; and (ab) the person for the time being holding the position of Chief Executive of the Commission under Division 4; and (b) the Chief Officer of SAMFS; and (c) the Chief Officer of SACFS; and (d) the Chief Officer of SASES; and (e) 5 members appointed by the Governor of whom— (i) 1 must be a person appointed on the nomination of the Country Fire Service Volunteers Association; and (ii) 1 must be a person appointed on the nomination of S.A.S.E.S. Volunteers Association Incorporated; and (iia) 1 must be a person appointed on the nomination of UFU; and (iii) 2 must be persons appointed on the nomination of the Minister, each being a person who, in the opinion of the Minister, is qualified for appointment to the board because of his or her knowledge of, or experience in, one or more of the fields of commerce, economics, finance, accounting, law or public administration and each being a person who has suitable volunteer experience as determined under regulations made for the purposes of this provision. (2) At least 1 member of the Board must be a woman and at least 1 member must be a man. (3) The Governor may appoint a suitable person to be the deputy of a member of the Board (including an ex officio member of the Board) and that person may, in the absence of that member, act as a member of the Board. 12—Terms and conditions of membership (1) A member of the Board, other than an appointed member, holds office ex officio. (2) An appointed member of the Board will be appointed on conditions determined by the Governor and for a term, not exceeding 5 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (3) The Governor may remove an appointed member of the Board from office— (a) for breach of, or non-compliance with, a condition of appointment; or (b) for misconduct; or (c) for being absent from 4 or more consecutive meetings of the Board without leave of the Board; or (d) for failure or incapacity to carry out official duties satisfactorily. (4) The office of an appointed member of the Board becomes vacant if the member— (c) resigns by written notice to the Minister; or (d) is removed from office under subsection (3). 13—Vacancies or defects in appointment of members (1) An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. (2) On the office of an appointed member of the Board becoming vacant, a person must be appointed in accordance with this Act to the vacant office. 14—Proceedings (1) The presiding member will, if present at a meeting of the Board, preside at that meeting, and in the absence of that member, the members present (and voting) will decide who is to preside. (2) 5 members of the Board constitute a quorum of the Board. (3) Each member of the Board present at a meeting of the Board has 1 vote on a matter arising for decision at the meeting and, if these votes are equal, the member of the Board presiding at the meeting does not have a second or casting vote. (5) A conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Board for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (6) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if— (a) notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and (b) a majority of the members of the Board express concurrence in the proposed resolution by letter, facsimile transmission, e-mail or other written communication setting out the terms of the resolution. (7) The Board must have accurate minutes kept of its meetings. (8) Subject to this Act, the Board may determine its own procedures. 15—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter by virtue of being a member of an emergency services organisation.