Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 5 and 8]
[Heading amended by No. 19 of 2010 s. 4.]
(1) The Governor
shall, on the recommendation of the Minister, appoint a member as Chairperson
to preside over the proceedings of the Council.
(2) A person may be
appointed under subclause (1) on terms that require the fulltime
employment of that person in the performance of the duties of the office.
(3) The Council shall
from time to time appoint (for a term fixed by the Council) one of its members
to preside as Deputy Chairperson in the absence or incapacity of the
Chairperson, but if neither the Chairperson or the Deputy Chairperson is
present the members of the Council who are present at a meeting, whether or
not a person who is the deputy of the Chairperson or of the Deputy Chairperson
is present, shall select a Deputy Chairperson to preside over those
proceedings and the person so selected has, whilst so acting, the functions
and entitlements of the Chairperson.
(4) Where a member who
is appointed or selected as a Deputy Chairperson is performing the functions
of the Chairperson, the deputy of that member may act in the place of the
member.
(1) On the nomination
of the body or person by which or whom the member is nominated, the Minister
may appoint a deputy to any member, other than the Executive Officer, who
shall, subject to clause 1(3), act in the place of the member on the
Council when the person who is the member can not so act.
(2) The Minister may
appoint a deputy to the Executive Officer to act in the place of the Executive
Officer when that person is unable to carry out any function required by this
Act.
(3) While a person is
acting in the place of a member on the Council or a committee, under
clause 1(4) or this clause, that person is deemed to be a member, and has
all the functions and entitlements of that member.
(4) The Minister may
make such arrangements as the Minister considers appropriate for the receipt
of nominations for the purposes of an appointment under subclause (1),
and any such appointment may be made —
(a) for
a period; or
(b) in
relation to particular circumstances,
specified in the
instrument of appointment.
(5)
Where —
(a) a
member and the deputy of that member can not, or do not, act in that capacity;
or
(b) a
member can not or does not so act and no deputy has been nominated,
the Minister may
appoint a person who in the opinion of the Minister is representative of the
same interests as that member to act in place of that member, and while so
acting the appointee shall be deemed to be the deputy of the member.
(6) The appointment of
a person under this clause to act in the place of a member may be terminated
at any time by the Minister.
(7) No act or omission
of a person acting under this clause in place of a member shall be questioned
on the ground that the occasion for so acting had not arisen or had ceased.
(1) Except as
otherwise provided by this Act —
(a) a
nominated member holds office for such term, not exceeding 3 years, as is
specified in the instrument of appointment; and
(b) may
be reappointed.
(2) On the occasion of
the first appointments to the Council, the term of office of one-half of the
nominated members shall not exceed 18 months.
(3) The Executive
Officer shall hold office as a member —
(a)
subject to subclause (4), for such term as may be specified in the
instrument of appointment —
(i)
by reference to the office or employment which that
person holds at the time of appointment; or
(ii)
otherwise;
or
(b) if
no term is so specified, until such time as is determined by the Minister.
(4) Where a person
appointed as the Executive Officer ceases to comply with the requirements of
section 8(3)(a), that person thereby ceases to hold that office.
(5) Where the office
of a nominated member becomes vacant otherwise than under clause 5, a
nominated member continues in office until a successor comes into office,
notwithstanding that the term for which that member was appointed has expired.
(6) Where an office of
nominated member becomes vacant otherwise than by effluxion of time a person
appointed to the vacancy shall hold office only for the balance of the term of
the person whose vacancy is filled.
(7) When the office of
a member becomes vacant, the Minister shall ensure that a person is appointed
to that vacant office in accordance with this Act.
4 . Remuneration and leave of members
(1) A member, and any
person appointed to a committee or requested to attend a meeting of the
Council or a committee, is entitled to be paid from the funds of the
Council —
(a)
unless the person is an officer of the Public Service, such remuneration; and
(b) such
allowances,
as may be determined
by the Minister after consultation with the Public Sector Commissioner.
(2) The Council may
grant leave of absence to a member on such terms and conditions as, subject to
any direction given by the Minister, the Council determines.
[Clause 4 amended by No. 39 of 2010
s. 89.]
5 . Premature vacation of office
(1) The office of a
nominated member becomes vacant if —
(a) the
member —
(i)
resigns that office by written notice addressed to the
Minister; or
(ii)
dies; or
(b) the
member is, according to the Interpretation Act 1984 section 13D, a
bankrupt or a person whose affairs are under insolvency laws; or
(c) the
member is absent without leave of the Council from 3 consecutive meetings
of the Council of which the member was given notice; or
(d) the
member is removed from office by the Governor on the recommendation of the
Minister —
(i)
for neglect of duty, misbehaviour, or incompetence;
(ii)
by reason of impairment, within the meaning of
Part IVA of the Equal Opportunity Act 1984 , affecting the
performance of the duties of the member;
(iii)
by reason of the member having acquired, since the date
of appointment, a personal or pecuniary interest incompatible with the
required perception of the status of a member; or
(iv)
on the grounds that the member has not retained the
confidence of the body or person by which or whom the member was nominated.
(2) In
subclause (1)(d)(i), misbehaviour shall be construed as including having
a direct personal or pecuniary interest (other than an interest to which
clause 6(6) applies) in a matter to which this Act relates and which is
not disclosed to the Council or a relevant committee.
[Clause 5 amended by No. 18 of 2009
s. 44(3).]
6 . Personal or pecuniary interests
(1) If a matter
arising before the Council or a committee (other than a question of general
principle) affects the personal or pecuniary interests of a person directly,
that person is ineligible to vote on that matter unless —
(a)
subclause (6) applies;
(b) a
direction given by the Minister under subclause (3) applies; or
(c) the
Council or that committee, as the case may be, otherwise determines under
subclause (3),
and, if ineligible,
shall abstain from voting.
(2) A member, and any
person appointed to a committee or requested to attend a meeting of the
Council or a committee, who has a direct personal or pecuniary interest, not
being an interest to which subclause (6) applies, in a matter being
considered or about to be considered by the Council or a committee shall
before, or as soon as practicable after, the matter arises for
consideration —
(a)
disclose fully, as soon as possible after the relevant facts have come to the
knowledge of that person, the nature of the interest at a meeting of the
Council or that committee, as the case requires; and
(b)
subsequently, where the person is present at any meeting of the Council or a
committee where the relevant matter is to be considered, declare shortly the
nature of the interest and where and when it was disclosed fully under this
subclause.
(3) A disclosure under
subclause (2) shall be recorded in the minutes of the meeting of the
Council or the committee concerned, as the case requires, and the person
having the interest shall not, unless the Minister otherwise directs or the
Council or that committee, as the case may be, otherwise
determines —
(a) be
present during any deliberation; or
(b) take
part in any decision,
of the Council or that
committee with respect to the matter to which the disclosure relates.
(4) For the purpose of
the making of a determination by the Council or the committee concerned, as
the case requires, under subclause (3) in relation to a person who has
made a disclosure under subclause (2), the person who has the interest in
the matter to which the disclosure relates shall not —
(a) be
present during any deliberation of the Council or that committee for the
purpose of making that determination; or
(b) take
part in the making of that determination by the Council or that committee.
(5) A person who
contravenes subclause (1), (2), (3) or (4) commits an offence.
Penalty: $5 000.
(6) The Minister may,
on being satisfied on the application of any person that the nature and extent
of any interest of that person has been fully disclosed to the Minister,
direct in writing that the interest is an interest to which this clause, other
than this subclause and subclauses (7) and (8), shall not apply.
(7) Where the Minister
gives a direction under subclause (6), the person having that interest
shall lodge a copy of the direction with the Executive Officer, who shall
report the direction, but not the nature or extent of any interest disclosed,
to the next meeting of the Council.
(8) Any question as to
whether or not an interest is of the nature and extent disclosed under
subclause (6) may be determined by the Minister.
(9) The requirements
of this clause do not apply in a case where the interest of the person
consists only of being —
(a) a
member or creditor of a corporation that is interested in a contract or
proposed contract related to the matter arising; or
(b) a
member of a body by which that person was nominated for the purposes of this
Act,
if the interest of
that person may properly be regarded as not being both a material personal and
also a pecuniary interest of the person.
(10) For the purposes
of this clause, a general notice given to the Council or the committee by a
person to the effect that the person is an officer of or associated with a
specified corporation, firm or body and is to be regarded as having a
pecuniary interest in any contract that may, after the date of the notice, be
made with that corporation, firm or body shall be deemed to be a sufficient
disclosure of that interest if —
(a) the
notice states the nature and extent of the interest of the person in the
corporation or firm or body; and
(b) the
extent of the interest of that person in the corporation, firm or body is not
greater than is stated in the notice.
[Clause 6 amended by No. 78 of 1995
s. 147.]
(1) The first meeting
of the Council shall be convened by the Minister and thereafter meetings shall
be held at the times and places determined by the Council but the Chairperson
or any 4 members may, on reasonable notice being given as far as is
practicable to all members, call a meeting at any time.
(2) At a meeting of
the Council, 6 members eligible to vote constitute a quorum.
(3) Subject to
subsection (2), the Council may act notwithstanding vacancies in its
membership.
(4) The Chairperson,
or in the absence of the Chairperson a person appointed or selected as Deputy
Chairperson under clause 1(3), shall preside at a meeting of the Council
and shall have a deliberative vote, but in the case of an equality of votes
shall not, unless subclause (6) applies, have a casting vote.
(5) Subject to
subclause (6), questions arising at a meeting of the Council shall be
decided, in open voting, by a majority of the votes of the members present and
eligible to vote.
(6) If the votes cast
on a question are equally divided the question shall remain unresolved until a
subsequent meeting of the Council, but if the votes cast on the question at
that subsequent meeting are again equally divided the question shall be
decided on the casting vote of the person presiding.
(7) For the purposes
of determining the existence of a majority or quorum in accordance with
section 54 of the Interpretation Act 1984 a member, or person
appointed to a committee, who is precluded under clause 6 from taking
part in any deliberation or decision at a meeting with respect to a matter
shall be deemed to be absent from the meeting while that matter is being
deliberated or decided.
(8) The Council may
request a person whom the Council considers may assist it with professional or
technical advice on any matter to attend a meeting of the Council or a
committee and contribute to the discussion of that matter, but any such person
shall not take part in any decision with respect to that matter, or be counted
for the purpose of determining the existence of a quorum.
(9) The Council shall
cause accurate minutes to be kept of the proceedings at its meetings, and make
them available for inspection by, or by a person on behalf of, the Minister.
(10) Subject to this
Act, the proceedings of the Council shall be conducted as it thinks fit but,
if regulations made or directions given by the Minister relate to any such
matter, in accordance with those regulations or directions.
8 . Unanimous resolution may be passed without
meeting
(1) A resolution of
the Council, in writing and signed or assented to by each member by letter,
telegram, telex, electronic mail or facsimile transmission, shall be as valid
and effectual as if it had been passed at a meeting of the Council.
(2) The Executive
Officer shall report the passing of a resolution under subsection (1) to
the next meeting of the Council.
(1) A committee shall,
as soon as is practicable after receiving notification of any matter referred
to it by the Council, consider the matter and give to the Council a written
report as to the advice or findings of the committee in relation to the matter
within such period as the Council directs.
(2) Subject to this
Act, each committee may determine its own procedures.
10 . Protection of members etc.
(1) A person
who —
(a) is a
member;
(b) is
appointed to a committee;
(c) is
requested to attend a meeting of the Council or a committee;
(d) is
authorised by a delegation or further delegation under section 11 to
perform a function on behalf of the Council; or
(e) is
otherwise a person engaged in the administration or enforcement of this Act,
is not personally
liable for any act done or omitted to be done in good faith by the Council, a
committee or that person when so acting or attending.
(2) No proceedings,
civil or criminal, shall be taken or lie against any person for any act,
matter or thing done or omitted to be done, or required to be done or omitted
to be done —
(a) by a
person purportedly for the purposes of the administration of this Act; or
(b) in
reliance on or pursuant to any order, direction, or requirement apparently
given, issued or made in accordance with the provisions of this Act,
unless it was
negligent, malicious or lacked reasonable and probable cause.
11 . Annual report on reproductive technology
(1) The report to be
furnished by the Council to the CEO on the use of reproductive technology in
the State and the operations of the Council in the preceding year ending
30 June shall be so furnished by such date as, in the opinion of the CEO,
will enable the CEO to submit an annual report to the Minister not later than
30 September in each year.
(2) The report to be
furnished by the Council to the CEO, and the annual report to be
submitted to the Minister, under subclause (1) —
(a)
shall set out —
(i)
any significant developments in the use of, or in the
procedures or techniques used in, reproductive technology during the year,
whether in the State or elsewhere;
(ii)
details of research specifically approved by, or being
conducted with the prior approval of, the Council during that year;
(iii)
in statistical terms, the activities of persons licensed
under this Act and carried on during that year; and
(iv)
any discernible social trends that became apparent during
that year and are, or may be, attributable to the use of reproductive
technology;
(b)
shall contain particulars of —
(i)
any contravention of this Act, or of any terms, condition
or direction relating to a licence or exemption; and
(ii)
any other matter within the responsibilities of the
Council or the CEO,
that is, in the
opinion of the Council or of the CEO, of significance to the public interest;
and
(c)
shall, if that is practicable, be combined with any annual report that may be
required to be submitted in relation to this Act under Part 5 of the
Financial Management Act 2006 .
[Clause 11 amended by No. 28 of 2006
s. 270; No. 77 of 2006 Sch. 1 cl. 88.]
