Div 3South Australian Public Health Council

Division 3—South Australian Public Health Council 26—Establishment of SAPHC The South Australian Public Health Council (SAPHC) is established. 27—Composition of SAPHC (1) SAPHC consists of— (a) the Chief Public Health Officer ex officio (who will be the presiding member); and (b) 9 other members appointed by the Governor on the nomination of the Minister, of whom— (i) 2 must have experience in local government selected by the Minister from a panel of 5 nominated by the LGA; and (ii) 1 must have qualifications in public health and experience in the administration of public health at the local government level selected by the Minister from a panel of 5 nominated by Environmental Health Australia (South Australia) Incorporated; and (iii) 2 must be persons nominated by the Minister who have qualifications in public health; and (iv) 1 must have experience in the administration of environment protection laws or strategies or in environmental management, selected by the Minister from a panel of 5 nominated by the Presiding Member of the Board of the Environment Protection Authority; and (v) 1 must be a person nominated by the Minister who has experience in the field of health promotion; and (vi) 1 must be a person nominated by the Minister who has experience in the prevention and control of communicable diseases; and (vii) 1 must be a person nominated by the Minister who has experience in non‑government community sector activities relevant to public health. (2) If the Minister, by notice in writing, requests a body to make nominations for the purposes of this section, and the body fails to make the nominations within the time allowed in the notice, a person may be appointed to SAPHC on the Minister's nomination and that member will be taken to have been appointed on the nomination of the body in default. (3) The Governor may appoint a suitable person to be the deputy of a member of SAPHC and the deputy may, in the absence of that member, act as a member of SAPHC. (4) The provisions of this section relating to the qualification and nomination of a member extend to a deputy of that member. 28—Conditions of appointment (1) An appointed member of SAPHC will hold office on conditions determined by the Governor for a term, not exceeding 3 years, specified in the instrument of appointment and will, at the expiration of a term of office, be eligible for reappointment. (2) The Governor may remove an appointed member of SAPHC from office— (a) for breach of, or non‑compliance with, a condition of appointment; or (b) for mental or physical incapacity to carry out duties of office satisfactorily; or (c) for neglect of duty; or (d) for dishonourable conduct. (3) The office of an appointed member of SAPHC 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 found guilty of an indictable 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 by the Governor under subsection (2). (4) On the office of a member of SAPHC becoming vacant, a person must be appointed to that office in accordance with this Act. 29—Allowances and expenses An appointed member of SAPHC is entitled to fees, allowances and expenses approved by the Governor. 30—Validity of acts An act or proceeding of SAPHC is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 31—Functions of SAPHC SAPHC's functions are as follows: (a) to assist and advise the Chief Public Health Officer in relation to— (i) the protection and promotion of public health; and (ii) the development and maintenance of a system of strategic planning for public health at the local, regional and State‑wide levels; and (iii) the development of health plans under this Act; and (iv) strategies to ensure that a sufficiently trained and skilled workforce is in place for the purposes of this Act; and (v) programs to promote public health research in the State; and (vi) the preparation of the biennial report under Division 2; and (vii) the setting of standards and qualifications for authorised officers; (b) any other functions assigned to SAPHC by this or any other Act or by the Minister or the Chief Public Health Officer. 32—Conduct of business (1) The presiding member of SAPHC will, if present at a meeting of SAPHC, preside at the meeting and, in the absence of that member, the members present may elect 1 of their number to preside. (2) 6 members constitute a quorum of SAPHC. (3) A decision carried by a majority of the votes cast by the members of SAPHC present at a meeting of SAPHC is a decision of SAPHC. (4) Each member present at a meeting of SAPHC is entitled to 1 vote on a question arising for decision at the meeting and, in the event of an equality of votes, the person presiding is entitled to a second, or casting, vote. (5) A conference by telephone or other electronic means between the members of SAPHC will, for the purposes of this Act, be taken to be a meeting of SAPHC at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the members of SAPHC for that purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (6) Subject to this Act, the business of SAPHC may be conducted in such way as it determines. 33—Committees and subcommittees (1) SAPHC may establish committees or subcommittees as SAPHC thinks fit to advise SAPHC on any aspect of its functions, or to assist SAPHC in the performance of its functions. (2) A committee or subcommittee established under subsection (1) may, but need not, consist of, or include, members of SAPHC. (3) The procedures to be observed in relation to the conduct of a business of a committee or subcommittee will be— (a) as determined by SAPHC; or (b) insofar as a procedure is not determined by SAPHC—as determined by the relevant committee or subcommittee. 34—Delegation by SAPHC (1) SAPHC may delegate a function or power conferred on SAPHC under this or any other Act— 35—Annual report (1) SAPHC must, on or before 31 October in each year, provide to the Minister a report on its activities for the financial year ending on the preceding 30 June. (2) The Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament. 36—Use of facilities SAPHC may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of a public authority.