Div 5SafeWork SA Advisory Committee

Division 5—SafeWork SA Advisory Committee 12A—Establishment of committee (1) The SafeWork SA Advisory Committee is established. (2) The advisory committee consists of 15 members of whom— (a) the following will be ex officio members: (i) the Minister; (ii) the regulator; (iii) the person for the time being holding, or acting in, the position of Chief Executive of the Department; (iv) the person for the time being holding, or acting in, the position of Chief Executive Officer of RTWSA; and (b) the following will be appointed by the Minister: (i) the presiding member; (ii) 4 members who, in the opinion of the Minister, are suitable to represent the interests of employees (following consultation with the United Trades and Labour Council of South Australia); (iii) 4 members who, in the opinion of the Minister, are suitable to represent the interests of employers (following consultation with the South Australian Employer's Chamber of Commerce and Industry and other associations representing the interests of employers); (iv) 1 member who, in the opinion of the Minister, is suitable to represent the interests of victims and their families; (v) 1 member who, in the opinion of the Minister, is suitable to represent the interests of work health and safety professionals. (3) Subject to subsection (4), a member of the advisory committee may appoint a suitable person to act as an alternate member and a person so appointed may, in the member's absence, act as a member of the committee. (4) A member of the advisory committee (other than the Minister) may only appoint someone under subsection (3) with the approval of the Minister. 12B—Terms and conditions of office (1) Subject to this section, an appointed member of the advisory committee will be appointed for a term not exceeding 3 years and will, on the expiration of a term of office, be eligible for reappointment. (2) A member of the advisory committee is entitled to fees, allowances and expenses approved by the Governor. (3) A member may be removed from office by the Minister if the member— (a) becomes mentally or physically incapable of carrying out satisfactorily their functions; or (b) is guilty of neglect of duty or dishonourable conduct; or (c) having been appointed as an officer or employee of an organisation representing the interests of a particular class of person, ceases to be an officer or employee of that organisation. (4) The office of an appointed member 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 removed from office under subsection (3). (5) On the office of an appointed member becoming vacant, a person must be appointed in accordance with this Act to the vacant office. 12C—Functions (1) The advisory committee has the following functions: (a) to provide advice and recommendations on work health and safety matters to the regulator and the Minister, either on its own initiative or on request; (b) to consider and advise on ways to improve communication, consultation and collaboration between work health and safety stakeholders; (c) to consider and advise on compliance and education campaigns by the regulator; (d) to make recommendations in relation to approved codes of practice; (e) any other functions determined by the Minister or prescribed by the regulations. (2) For the purpose of performing its functions, the advisory committee may, with the approval of the Minister— (a) establish subcommittees (which may, but need not, consist of or include members of the advisory committee) to advise the advisory committee on any aspects of its functions, or to assist in the performance of its functions; and (b) conduct public meetings, discussions and inquiries on questions arising before the committee, and may do any other thing that is necessary for, or incidental to, the performance of its functions. 12D—Procedures at meetings (1) The presiding member (or their alternate member appointed under section 12A(3)) will preside at meetings of the advisory committee or, in their absence, a member chosen by those present will preside. (2) Subject to subsection (3), the advisory committee may act notwithstanding vacancies in its membership. (3) Subject to subsection (4), 8 members constitute a quorum of the advisory committee and no business may be transacted at a meeting of the committee unless a quorum is present. (4) A quorum will only be taken to be present if— (a) at least 1 member present is a member described in section 12A(2)(b)(ii); and (b) at least 1 member present is a member described in section 12A(2)(b)(iii). (5) Each member present at a meeting of the advisory committee is entitled to 1 vote on a matter 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. (6) A decision carried by a majority of the votes cast by the members present at a meeting of the advisory committee is a decision of the committee. (7) Subject to this Act, the advisory committee may determine its own procedures. 12E—Conflict of interest 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 employees generally or employers generally, or a substantial section of employers or employees. 12F—Confidentiality A member of the advisory committee who, as a member of the committee, acquires information that— (a) the member knows to be of a confidential nature; or (b) the committee classifies as confidential information, must not disclose the information without the approval of the Minister. 12G—Use of staff and facilities (1) The advisory committee may, with the agreement of the Minister, make use of the services of the staff, equipment or facilities of the Department. (2) The advisory committee may, with the agreement of a relevant agency or instrumentality, make use of the services of staff, equipment or facilities of any other agency or instrumentality of the Crown.