Div 1Radiation Protection Committee

Division 1—Radiation Protection Committee 8—Radiation Protection Committee (1) The Radiation Protection Committee established by the Radiation Protection and Control Act 1982 continues in existence. (2) The Committee consists of not more than 9 members appointed by the Governor on the nomination of the Minister. (3) One of the persons nominated by the Minister must be a person selected by the Minister for Health to represent the interests of the Minister for Health on the Committee. (4) The Minister must, when nominating persons for appointment as members of the Committee, seek to ensure that, as far as is practicable, the members of the Committee collectively have qualifications, knowledge, expertise and experience in the following areas: (a) radiology or diagnostic radiography; (b) nuclear medicine; (c) radiation oncology or radiotherapy; (d) industrial or scientific uses of radiation; (e) health or medical physics; (f) mining; (g) environmental science; (h) public health. (5) The Governor will appoint 1 member of the Committee (the presiding member) to preside at its meetings and another member (the deputy presiding member) to preside at meetings in the absence of the presiding member. 9—Terms and conditions of office (1) A member of the Committee will be appointed on conditions determined by the Governor 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 appoint a suitable person to be a deputy of a member of the Committee and that person, while acting in the absence of that member, will be taken to be a member of the Committee with all the powers, rights and duties of the member of whom the person is deputy. (3) The Governor may remove a member of the Committee from office for— (a) breach of, or non‑compliance with, any conditions of appointment; or (b) misconduct; or (c) failure or incapacity to carry out official duties satisfactorily. (4) The office of a member of the Committee becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice addressed 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 (3). (5) On the office of a member of the Committee becoming vacant, a person will be appointed in accordance with this Act to the vacant office, but if the office of a member becomes vacant before the expiration of a term of appointment, the successor will be appointed only for the balance of the term. 10—Functions The Committee has the following functions: (a) to advise the Minister in relation to the formulation of regulations under this Act; (b) to advise the Minister on the formulation of radiation protection codes and standards; (c) to provide technical advice to the Minister on radiation protection and safety relating to human health and the environment; (d) to provide technical advice to the Minister for Health on matters related to the application or use of radiation for medical purposes; (e) to investigate and report on any other matters relevant to the administration of this Act at the request of the Minister or of its own motion; (f) to perform any other function assigned to the Committee by or under this Act. 11—Validity of acts An act or proceeding of the Committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 12—Proceedings (1) Subject to this Act, a quorum at a meeting of the Committee consists of a number ascertained by dividing the total number of members by half, ignoring any fraction resulting from the division, and adding 1. (2) A meeting of the Committee will be chaired by the presiding member or, in the absence of the presiding member, 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 Committee 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 Committee at a meeting is a decision of the Committee. (4) Each member present at a meeting of the Committee is entitled to 1 vote on any matter arising for decision. (5) A conference between members constituting a quorum by telephone or audio-visual means is a valid meeting of the Committee if— (a) notice of the conference is given to all members in the manner determined by the Committee for that purpose; and (b) the system of communication allows a participating member to communicate with any other participating member during the conference. (6) A resolution of the Committee— (a) of which prior notice was given to members in accordance with procedures determined by the Committee; and (b) in which at least the majority of members of the Committee expressed their concurrence in writing or by electronic communication, will be taken to be a decision of the Committee made at a meeting of the Committee. (7) The Committee must have accurate minutes kept of its proceedings. (8) Subject to subsection (9), the Committee must publish the minutes of its meetings on a website determined by the Minister that is accessible by the public free of charge. (9) The Committee may omit, redact or delete, from minutes published under subsection (8), any information that would make the minutes an exempt document under the Freedom of Information Act 1991. (10) Subject to this Act, the Committee may determine its own procedures. 13—Sub‑committees (1) The Minister may establish sub‑committees of the Committee to assist the Committee or the Minister in the performance of functions of the Committee or Minister under this Act. (2) A sub‑committee will consist of such members of the Committee or other persons as may be appointed to the sub‑committee by the Minister. (3) A sub‑committee must not act of its own motion but only in relation to matters referred to it by the Committee. (4) Subject to this Act, the procedure for meetings of sub‑committees will be determined by the presiding member of the Committee. 14—Application of Public Sector (Honesty and Accountability) Act The Public Sector (Honesty and Accountability) Act 1995 applies to a member of a sub‑committee of the Committee as if the sub‑committee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister. 15—Provision of services (1) The Minister may appoint an officer of the public service of the State to be the secretary to the Committee. (2) The Department may provide the Committee with administrative assistance and facilities for the performance of its functions under this Act.