Workers’ Compensation and Rehabilitation Act 2003

A WorkCover director who has a material personal interest in a matter that is being considered by WorkCover’s board must not—

vote on the matter; or

vote on a proposed resolution (a related resolution) under subsection (2) in relation to the matter (whether in relation to the director or another director); or

be present while the matter, or a related resolution, is being considered by the board; or

otherwise take part in any decision of the board in relation to the matter or a related resolution.

Subsection (1) does not apply to the matter if the board has at any time passed a resolution that—

specifies the director, the interest and the matter; and

states that the directors voting for the resolution are satisfied that the interest should not disqualify the director from considering or voting on the matter.

A quorum is present during a consideration of a matter by the board only if at least 2 directors are present who are entitled to vote on any motion that may be moved in relation to the matter.

The Minister may, by signing consent to a proposed resolution, deal with a matter if the board can not deal with it because of subsection (3).