New South Wales Consolidated Acts

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SCHEDULE 5E

SCHEDULE 5E – Provisions relating to Assessment Committee [NSW]

Note--: This Schedule is an additional New South Wales provision.

Part 1 - Preliminary [NSW]

1 Definition [NSW]

In this Schedule--

"Committee" means an Assessment Committee.

Part 2 - Members [NSW]

2 Chairperson of Committee [NSW]

One of the members referred to in section 172B(1)(a) must be appointed by the Council as the Chairperson of the Committee.

3 Term of office [NSW]

Subject to this Schedule, a member of a Committee holds office for the period, not exceeding 4 years, specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.

4 Remuneration [NSW]

A member of a Committee is entitled to be paid the remuneration (including travelling and subsistence allowances) decided by the Minister from time to time.

5 Filling of vacancy in office of member [NSW]

If the office of any member of a Committee becomes vacant, a person is, subject to this Law, to be appointed to fill the vacancy.

6 Casual vacancies [NSW]

(1) A member of a Committee is taken to have vacated office if the member--

(a) dies; or

(b) absents himself or herself from 4 consecutive meetings of the Committee of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Council or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Council for being absent from those meetings; or

(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(d) becomes a mentally incapacitated person; or

(e) is convicted in this jurisdiction of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in this jurisdiction of an offence that, if committed in this jurisdiction, would be an offence so punishable; or

(f) resigns the office by instrument in writing addressed to the Council; or

(g) is removed from office by the Council under subclause (3).

(2) Without limiting subclause (1), a member who is appointed under section 172B(1)(a) and who ceases to be a registered health practitioner is taken to have vacated office.

(3) The Council may remove a member from office.

Part 3 - Procedure of the Committee [NSW]

7 General procedure [NSW]

The procedure for the calling of meetings of a Committee and for the conduct of business at those meetings is, subject to this Law, to be as decided by the Committee.

8 Quorum [NSW]

The quorum for a meeting of a Committee is 3 members.

9 Voting [NSW]

A decision supported by a majority of the votes cast at a meeting of a Committee at which a quorum is present is the decision of the Committee.

10 Presiding member [NSW]

(1) The Chairperson of a Committee or, in the absence of the Chairperson, another member of the Committee elected to chair the meeting by the members present, presides at a meeting of the Committee.

(2) The person presiding at any meeting of a Committee has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.