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Health Practitioner Regulation National Law (South Australia) Act 2010
Subdiv 5Authority's procedures
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Subdivision 5—Authority's procedures
36—Authority's procedures
(1) Subject to this Act, 3 members constitute a quorum of the Authority.
(2) A meeting of the Authority (other than for the purposes of hearing and determining proceedings under Division 6) will be chaired by the presiding member or, in his or her absence, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Authority must choose 1 of their number to preside at the meeting.
(3) A decision carried by a majority of the votes cast by members of the Authority at a meeting is a decision of the Authority.
(4) Each member present at a meeting of the Authority has 1 vote on any question arising for decision and, except in hearing and determining proceedings under Division 6, the member presiding at the meeting may exercise a casting vote if the votes are equal.
(5) A conference by telephone or other electronic means between the members of the Authority will, for the purposes of this section, be taken to be a meeting of the Authority at which the participating members are present if—
(a) notice of the conference is given to all members in the manner determined by the Authority 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 Authority becomes a valid decision of the Authority despite the fact that it is not voted on at a meeting of the Authority if—
(a) notice of the proposed resolution is given to all members of the Authority in accordance with procedures determined by the Authority; and
(b) a majority of the members express concurrence in the proposed resolution by letter, telegram, telefax, fax, email or other written communication setting out the terms of the resolution.
(7) However, subsections (5) and (6) do not apply in relation to the hearing and determination of proceedings under Division 6 by the Authority as constituted for the purposes of proceedings under that Division.
(8) The Authority must have accurate minutes kept of its meetings.
(9) Subject to this Act, the Authority may determine its own procedures.
37—Conflict of interest etc under Public Sector provisions
A member of the Authority 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 the matter that is shared in common with pharmacists generally or a substantial section of pharmacists in this State.