South Australian Consolidated Acts

TRAINING AND SKILLS DEVELOPMENT ACT 2008 - SECT 13

13—Proceedings of Commission

        (1)         The member appointed to chair meetings of the Commission will preside at each meeting of the Commission at which the member is present.

        (2)         If the member appointed to chair meetings of the Commission is absent from a meeting of the Commission, the following provisions apply:

            (a)         if another member has been appointed as that member's deputy and is present at the meeting—the deputy will preside at the meeting;

            (b)         in any other case—a member chosen by the members present at the meeting will preside at the meeting.

        (3)         Subject to subsection (4), a quorum of the Commission consists of half of the total number of its members (ignoring any fraction resulting from the division) plus 1 and must include a member appointed under section 9(3)(a) and a member appointed under section 9(3)(b).

        (4)         If during a meeting of the Commission—

            (a)         a member absents himself or herself from the meeting room (whether because of the member's duty with respect to a conflict of interest or for some other reason) during a discussion or voting in relation to a matter decided or under discussion by the Commission; and

            (b)         as a result of the member's absence, there is no longer a quorum present,

those remaining members constitute a quorum for the purpose of any discussion or voting at that meeting in relation to that matter.

        (5)         A decision carried by a majority of the votes cast by members at a meeting is a decision of the Commission.

        (6)         Each member present at a meeting of the Commission has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.

        (7)         A telephone or video conference between members will, for the purposes of this section, be taken to be a meeting of the Commission at which the participating members are present.

        (8)         A proposed resolution of the Commission becomes a valid decision of the Commission despite the fact that it is not voted on at a meeting of the Commission if—

            (a)         notice of the proposed resolution is given to all members in accordance with procedures determined by the Commission; and

            (b)         a majority of the members express their concurrence in the proposed resolution by letter, fax or other written communication setting out the terms of the resolution.

        (9)         The Commission must cause accurate minutes to be kept of its proceedings.

        (10)         Subject to this Act, the Commission may determine its own procedures.

        (11)         Subject to the directions of the Commission, this section applies to a committee of the Commission in the same way as to the Commission.