Part 11The Minister's Advisory Committee

Part 11—The Minister's Advisory Committee 171—Advisory Committee (1) The Minister's Advisory Committee is established. (2) The Advisory Committee consists of 9 members appointed by the Governor of whom— (a) 3 (who must include at least 2 medical practitioners) will be appointed on the Minister's nomination made after consultation with 1 or more professional associations representing medical practitioners, including the Australian Medical Association (South Australia) Incorporated; and (b) 3 (who must include at least 1 suitable representative of registered employers and at least 1 suitable representative of self‑insured employers) will be appointed on the Minister's nomination made after consulting with associations representing employers, including the South Australian Employers' Chamber of Commerce and Industry Inc; and (c) 3 will be appointed on the Minister's nomination made after consultation with associations representing employees, including the United Trades and Labor Council. (3) A member of the Advisory Committee will be appointed on conditions, and for a term (not exceeding 3 years), determined by the Governor and, on the expiration of a term of appointment, is eligible for re-appointment. (4) A member of the Advisory Committee is entitled to fees, allowances and expenses approved by the Governor. (5) The fees, allowances and expenses are payable out of the Compensation Fund. (6) The Governor may remove a member from office for— (a) breach of, or non-compliance with, a condition of appointment; or (b) mental or physical incapacity to carry out duties of office satisfactorily; or (c) neglect of duty; or (d) dishonourable conduct. (7) The office of a member becomes vacant if the member— (a) dies; or (b) completes a term of office and is not re-appointed; or (c) resigns by written notice addressed to the Minister; or (d) is removed from office by the Governor under subsection (6). (8) On the office of a member of the Advisory Committee becoming vacant, a person must be appointed, in accordance with this Act, to the vacant office. (9) One member of the Committee must be appointed by the Governor to preside at meetings of the Committee (who will be referred to in this Act as the presiding member of the Committee). (10) An appointment under subsection (9) must be made from among the members appointed under subsection (2)(a). 172—Functions of Advisory Committee (1) The functions of the Advisory Committee are— (a) to investigate or advise the Minister (on its own initiative or at the request of the Minister) about any matter relating to early intervention, recovery, return to work or compensation with respect to injured workers; and (b) to advise the Minister (on its own initiative or at the request of the Minister) on— (i) proposals to make amendments to this Act, or to make regulations under this Act; or (ii) other legislative proposals that may affect the operation of this Act; and (c) to carry out other functions assigned to the Advisory Committee by the Minister or under another provision of this Act. (2) The Advisory Committee may conduct public meetings and discussions and may, with the approval of the Minister, conduct inquiries, on questions arising before the Advisory Committee. (3) The Advisory Committee may on its own initiative, and must at the direction of the Minister, consult and cooperate with the Corporation, other government authorities at a State or national level, representatives of industrial associations and other persons or bodies. (4) The Advisory Committee may, with the approval of the Minister, establish subcommittees to assist the Committee. (5) A subcommittee may, but need not, consist of, or include, members of the Advisory Committee. 173—Proceedings etc of Advisory Committee (1) The Advisory Committee may meet on such occasions as it thinks fit and must meet at the request or in accordance with any direction of the Minister. (2) Six members of the Advisory Committee constitute a quorum of the Committee. (3) The presiding member of the Advisory Committee will, if present at a meeting of the Committee, preside at the meeting and, in the absence of the presiding member, a member chosen by the members present will preside. (4) A decision carried by a majority of the votes of the members present at a meeting of the Advisory Committee is a decision of the Committee. (5) Each member present at a meeting of the Advisory Committee is entitled to 1 vote on a matter arising for decision by the Committee and, if the votes are equal, the person presiding at the meeting has a second or casting vote. (6) The Advisory Committee must ensure that accurate minutes are kept of its proceedings. (7) The Advisory Committee may open its proceedings to the public unless the proceedings relate to commercially sensitive matters or to matters of a private confidential nature. (8) Subject to this Act, the proceedings of the Advisory Committee will be conducted as the Committee determines. 174—Related provisions (1) A member of the Advisory Committee who, as a member of the Committee, acquires information that— (a) the member knows to be of a commercially sensitive nature, or of a private confidential nature; or (b) the Committee classifies as confidential information, must not divulge the information without the approval of the Committee. (2) A member of the Advisory Committee 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 that is shared in common with employers generally or employees generally, or a substantial section of employers or employees.