TasTAFE (Skills and Training Business) Act 2021

Division 5 of Part 2

Part 1 Preliminary

1. Interpretation In this Schedule –

committee means a committee, including the audit and risk management committee, established under Division 5 of Part 2;

member means a member of a committee.

committee means a committee, including the audit and risk management committee, established under Division 5 of Part 2;

committee

member means a member of a committee.

member

Part 2 Membership of committees

2. Term of office A member is appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment and may be reappointed.

3. Holding other office The holder of an office who is required by the terms of his or her employment to devote the whole of his or her time to the duties of that office is not disqualified from –

holding that office and also the office of a member; or

accepting any remuneration payable to a member.

4. Application of State Service Act 2000

The State Service Act 2000 does not apply in relation to a member in his or her capacity as a member.

Nothing in subclause (1) prevents a person from holding the office of member in conjunction with State Service employment.

5. Remuneration and conditions of appointment

A member is entitled to be paid such remuneration and allowances as the Minister determines.

A member who is a State Service officer or State Service employee is not entitled to remuneration or allowances under this clause except with the approval of the Minister administering the State Service Act 2000.

A member holds office on such conditions in relation to matters not provided for by this Act as are specified in the member's instrument of appointment.

6. Validation of proceedings, &c. An act or proceeding of a committee, or of a person acting under any direction of a committee, is not invalidated solely on the basis that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the office of a member or a defect in the appointment of a member.

7. Presumptions In any proceeding by or against a committee, unless evidence is given to the contrary, proof is not required of –

the constitution of the committee; or

the appointment of any member.

Part 3 Meetings of Committee

8. Quorum and voting at meetings

At a meeting of a committee, a quorum is constituted by a majority of the total number of members appointed.

A meeting of a committee at which a quorum is present is competent to transact any business of the committee.

9. Minutes A committee is to keep accurate minutes of its meetings.

10. Disclosure of interests

If a member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by a committee, the member must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest to the committee.

Fine not exceeding 100 penalty units.

Fine not exceeding 100 penalty units.

Unless a committee otherwise determines, a member who has made a disclosure under subclause (1) in relation to a matter must not –

be present during any deliberation of the committee in relation to the matter; or

take part in any decision of the committee in relation to the matter.

For the purpose of making a determination under subclause (2), the member to whom the determination relates must not –

be present during any deliberation of the committee for the purpose of making the determination; or

take part in making the determination.

Subclause (1) does not apply –

in respect of a contract for goods or services supplied by TasTAFE if those goods or services are ordinarily supplied by TasTAFE and are supplied on the same terms as they are ordinarily supplied to other persons in the same situation; or

in respect of an interest that arises only because the member is also a State Service officer or State Service employee.

11. General procedure Except as provided by this Act, a committee may regulate its own proceedings.

12. Presumptions In any proceeding by or against a committee, unless evidence is given to the contrary, proof is not required of –

any resolution of the committee; or

the presence of a quorum at any meeting of the committee.