164Membership of Council

164 Membership of Council

164 Membership of Council

(1) The Council must consist of the following members appointed by the Minister—

(a) 1 or more persons nominated by each of the following bodies to represent employers—

(i) the NSW Minerals Council, for employers in the coal sector,

(ii) the NSW Minerals Council, for employers in the metalliferous sector,

(iii) Cement Concrete & Aggregates Australia,

(b) 1 or more persons nominated by each of the following bodies to represent employees—

(i) the Mining and Energy Union,

(ii) the Australian Workers Union, New South Wales Branch,

(c) the Secretary of the Department or a representative of the Department nominated by the Secretary,

(d) 1 or more persons who, in the Minister’s opinion—

(i) are independent of the bodies referred to in paragraph (a) or (b), and

(ii) have expertise that would assist the Council.

(2) The Minister must appoint a person appointed under subsection (1)(d) as Chairperson of the Council.

(3) The secretary of the Council must be an officer of the Department appointed by the Secretary.

(4) Equal numbers of persons must be appointed under subsection (1)(a) and (b).

(5) The Minister may refuse to accept the nomination of a candidate.

(6) The Minister may appoint a person the Minister considers suitable to represent the interests of a body referred to in subsection (1)(a) or (b) as a member of the Council if the body—

(a) fails to nominate a candidate within 60 days after being requested by the Minister, or

(b) nominates a candidate within the 60-day period but the candidate’s nomination is not accepted by the Minister.

s 164: Am 2023 No 40, Sch 5[1].