Div 2General duties and coordination of activities

Division 2—General duties and coordination of activities 15—General duties (1) It is expected that a person or body that— (a) seeks to obtain an authorisation under this Act; or (b) performs, exercises or discharges a function, power or duty under this Act; or (c) takes the benefit of this Act or is otherwise involved in a process provided by this Act, will— (d) act in a cooperative and constructive way; and (e) be honest and open in interacting with other entities under this Act; and (f) be prepared to find reasonable solutions to issues that affect other interested parties or third parties. (2) Without limiting subsection (1), a person or body performing, exercising or discharging a function, power or duty under this Act must— (a) exercise professional care and diligence; and (b) act honestly and in an impartial manner; and (c) be responsible and accountable in its conduct; and (d) comply with any code of conduct, service benchmark or other requirement that applies in relation to the person or body. (3) The Minister may, after taking into account the advice of the Commission, establish and maintain service benchmarks for the purposes of this section. (4) The principles and benchmarks under this section— (a) do not give rise to substantive rights or liabilities; but (b) may lead to action being taken on account of a breach of a code of conduct or professional standard that applies in relation to a relevant person or body. 16—Responsibility to coordinate activities (1) It is expected that any State or local government body or agency will, in the performance, exercise or discharge of a function, power or duty (including in a case arising under another Act), insofar as may be appropriate and relevant in the circumstances, seek to develop and implement policies that are consistent with the schemes established by this Act and will cooperate with any person or body involved in the administration of this Act. (2) The Commission may, as it thinks fit, furnish to the Minister a report on any failure by a body or agency to comply with the requirements of subsection (1). Part 3—Administration Division 1—State Planning Commission Subdivision 1—Establishment and constitution of Commission 17—Establishment of Commission (1) The State Planning Commission is established. (2) The Commission is a body corporate. (3) The Commission is an instrumentality of the Crown. (4) The Commission is subject to the general control and direction of the Minister. (5) However, the Minister may not give a direction where— (a) the Commission is making or required to make a recommendation; or (b) the Commission is providing or required to provide advice to the Minister; or (c) the Commission is required to give effect to an order of a court; or (d) the Commission has a discretion in relation to the granting of a development authorisation. (6) The Commission must, in the performance of its functions, take into account— (a) a particular government policy; or (b) a particular principle or matter, specified by the Minister (subject to any relevant principle of law). 18—Constitution of Commission (1) Subject to this section, the Commission consists of— (a) at least 4 and not more than 6 persons appointed by the Governor on the nomination of the Minister; and (b) a public sector employee (other than the Chief Executive) who is responsible, under a Minister, for assisting in the administration of this Act, designated by the Minister by notice in the Gazette (ex officio). (2) The Minister must, when nominating persons for appointment as members of the Commission, seek to ensure that, as far as is practicable, the members of the Commission collectively have qualifications, knowledge, expertise and experience in the following areas: (a) economics, commerce or finance; (b) planning, urban design or architecture; (c) development or building construction; (d) the provision of or management of infrastructure or transport systems; (e) social or environmental policy or science; (f) local government, public administration or law. (3) In making a nomination that is relevant to the operation of subsection (2)(f) insofar as it relates to local government, the Minister must take reasonable steps to consult with the LGA before the nomination is made. (4) The Minister will appoint 1 member of the Commission to chair the meetings of the Commission. (5) The Governor may, on the recommendation of the Minister, appoint a suitable person to be a deputy of an appointed member of the Commission and to act as a member of the Commission during any period of absence of the appointed member. 19—Special provision relating to constitution of Commission (1) The Commission may appoint 1 or 2 persons to act as additional members of the Commission for the purposes of dealing with any matter arising under this Act. (2) The following provisions apply in connection with subsection (1): (a) a person appointed under that subsection must be selected from a list of persons established by the Minister for the purposes of that subsection; (b) the Minister should, in establishing the list under paragraph (a), seek to obtain a wide range of expertise relevant to the classes of matters that might (in the opinion of the Minister after consultation with the Commission) be suited to being assessed by the Commission as constituted after an appointment or appointments have been made under that subsection; (c) a person will be appointed to, and remain on, the list under paragraph (a) on terms and conditions determined by the Minister and, at the expiration of a term of appointment, is eligible for reappointment; (d) the Commission must make an appointment or appointments under that subsection in a prescribed case; (e) a person appointed under that subsection is not to be considered to be an appointed member of the Commission under the other sections of this Subdivision. 20—Conditions of membership (1) An appointed member of the Commission is appointed on conditions determined by the Governor on the recommendation of the Minister and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (2) The Governor may, on the recommendation of the Minister, remove an appointed member of the Commission from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (3) The office of an appointed member of the Commission becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is convicted of an indictable offence or is sentenced to imprisonment for an offence; or (e) becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or (f) is removed from office under subsection (2). 21—Allowances and expenses An appointed member of the Commission is entitled to fees, allowances and expenses determined by the Governor on the recommendation of the Minister.