Sch 2Local tripartite consultation arrangements

Schedule 2—Local tripartite consultation arrangements Part 2—The Mining and Quarrying Occupational Health and Safety Committee 12—The Committee (1) The Mining and Quarrying Occupational Health and Safety Committee (the Committee) continues in existence. (2) The Committee will consist of 7 persons appointed by the Minister, of whom— (a) 2 will be persons working in the field of occupational health and safety nominated by the advisory committee; and (b) 1 will be a member of the Department who has experience in the mining and quarrying industries; and (c) 1 will be a person nominated by the South Australian Chamber of Mines and Energy, and 1 will be a person nominated by Cement Concrete and Aggregates Australia, to represent the interests of employers involved in the mining and quarrying industries; and (d) 2 will be persons nominated by the United Trades and Labor Council to represent the interests of workers who work in the mining and quarrying industries. (3) The Minister will appoint 1 of the members of the Committee appointed under subclause (2)(a) to be the presiding member of the Committee. (4) The Minister may appoint a suitable person to be a deputy of a member of the Committee and to act as a member of the Committee during any period of absence of the member. (5) A member of the Committee may be appointed for a term (not exceeding 3 years) determined by the Minister and, on the expiration of a term of appointment, is eligible for reappointment. (6) The Minister may, on reasonable grounds, remove a member of the Committee from office at any time. (7) A member of the Committee may resign by written notice addressed to the Minister. (8) 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. (9) Four members of the Committee constitute a quorum of the Committee. (10) In the absence of the presiding member at a meeting of the Committee, the members present may decide who is to preside. (11) A decision carried by at least 4 members of the Committee is a decision of the Committee. (12) Each member present at a meeting of the Committee is entitled to 1 vote on any matter arising for decision at the meeting. (13) The Committee must cause an accurate record to be kept of its proceedings. (14) Subject to this Schedule, the business of the Committee will be conducted in a manner determined by the Committee. (15) A member of the Committee who has a direct or indirect pecuniary interest in a matter under consideration by the Committee— (a) must disclose the nature of the interest to the Committee; and (b) must not take part in any deliberation or decision of the Committee with respect to the matter. Maximum penalty: $2 000. (16) A disclosure under subclause (15) must be recorded in the minutes of the Committee. (17) The Committee may, in connection with the performance of its functions, make use of the services, facilities and staff of RTWSA. 13—Application of funds (1) Money available to the Committee from the Mining and Quarrying Industries Fund under Schedule 9 of the Return to Work Act 2014 may be used for any of the following purposes: (a) to promote and support practices, procedures and arrangements designed to protect workers from silicosis; (b) to support education in the field of occupational health or safety in the mining and quarrying industries; (c) to initiate or support research and studies into occupational health or safety that could benefit workers in the mining and quarrying industries; (d) to promote and support persons or organisations working to prevent, alleviate or treat the kinds of disabilities suffered by workers in the mining and quarrying industries; (e) to support any other kind of activity that could directly or indirectly improve occupational health or safety in the mining and quarrying industries or assist in the rehabilitation of disabled workers in those industries. (2) The Committee has all such powers as are reasonably necessary for the effective performance of its functions (including the power to establish subcommittees and to engage, as may be appropriate, experts or consultants to assist the Committee in the performance of its functions). (3) The Committee must, in making grants of money under this Schedule, give preference to supporting projects directed at improving occupational health or safety in those industries that involve exposure to silica dust and in particular to supporting specialised research and training projects directed at that purpose in South Australia. (4) The Committee must not spend any part of the principal standing to the credit of Part B of the Mining and Quarrying Industries Fund without the specific approval of the Minister and in any case the Committee is not to spend in any financial year more than 20% of the principal that, at the commencement of that financial year, is standing to the credit of that part of the fund. (5) The Committee must after the end of each financial year prepare a report on its operations during that financial year. (6) The report must be submitted to the Minister and laid before both Houses of Parliament by the Minister. 14—Ministerial control The Committee is, in the performance of its functions, subject to the control and direction of the Minister.