7Members to act in public interest

7 Members to act in public interest (1) A member of the Agency Board is to act impartially and in the public interest in the exercise of the member’s functions as a member. (2) Accordingly, a member of the Agency Board is to put the public interest before the interests of particular health practitioners or any body or organisation that represents health practitioners. 8 Disclosure of conflict of interest (1) If— (a) a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the Agency Board; and (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter; the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Agency Board. (2) Particulars of any disclosure made under this clause must be recorded by the Agency Board in a book kept for the purpose. (3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Ministerial Council or the Agency Board otherwise determines— (a) be present during any deliberation of the Agency Board with respect to the matter; or (b) take part in any decision of the Agency Board with respect to the matter.

(4) For the purposes of the making of a determination by the Agency Board under subclause (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not— (a) be present during any deliberation of the Agency Board for the purpose of making the determination; or (b) take part in the making of the determination by the Agency (5) A contravention of this clause does not invalidate any decision of the

Part 3 Procedure Part 3 Procedure 9 General procedure The procedure for the calling of meetings of the Agency Board and for the conduct of business at those meetings is, subject to this Law, to be as determined by the Agency Board. 10 Quorum The quorum for a meeting of the Agency Board is a majority of its members for the time being. 11 Chief executive officer may attend meetings The chief executive officer of the National Agency may attend meetings of the Agency Board and may participate in discussions of the Agency Board, but is not entitled to vote at a meeting. 12 Presiding member (1) The Chairperson (or, in the absence of the Chairperson, a person elected by the members of the Agency Board who are present at a meeting of the Agency Board) is to preside at a meeting of the Agency (2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote. 13 Voting A decision supported by a majority of the votes cast at a meeting of the Agency Board at which a quorum is present is the decision of the

Procedure Part 3 Clause 14 14 Transaction of business outside meetings or by telecommunication (1) The Agency Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Agency Board for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Agency (2) The Agency Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members. (3) For the purposes of— (a) the approval of a resolution under subclause (1); or (b) a meeting held in accordance with subclause (2); the Chairperson and each member have the same voting rights as they have at an ordinary meeting of the Agency Board. (4) Papers may be circulated among the members for the purposes of subclause (1) by facsimile, email or other transmission of the information in the papers concerned. 15 First meeting The Chairperson may call the first meeting of the Agency Board in any manner the Chairperson thinks fit. 16 Defects in appointment of members A decision of the Agency Board is not invalidated by any defect or irregularity in the appointment of any member (or acting member) of the Agency Board.