1Short title
This Act may be cited as the Road Safety Council Act 2002.
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Bill homepageThis Act may be cited as the Road Safety Council Act 2002.
This Act comes into operation on a day fixed by proclamation except as otherwise stated in subsection (2).
Section 12(4) comes into operation when the Road Traffic Amendment Act 2000 section 44 comes into operation unless that is before it would come into operation under subsection (1).
In this Act, unless the contrary intention appears —
Account means the account called the “Road Trauma Trust Account” that is referred to in section 12;
Council means the Road Safety Council referred to in section 4;
officer includes a person employed in a department of the Public Service;
public officer means a Council member appointed under section 6(1), other than under section 6(1)(a), (b), or (c);
road has the same meaning as it has in the Road Traffic (Administration) Act 2008 section 4.
[Section 3 amended: No. 77 of 2006 Sch. 1 cl. 151(1); No. 8 of 2012 s. 171.]
There is to be a body called the Road Safety Council.
The Council’s functions are —
to identify measures —
to improve the safety of roads in the State; and
to reduce the deaths of people, the injuries to people, and the damage to property, resulting from incidents occurring on roads in the State;
and
to recommend to relevant bodies and persons the action that should be taken to implement those measures; and
to coordinate the implementation of those measures by relevant bodies and persons; and
to evaluate and monitor the effectiveness of those measures; and
to evaluate and monitor the safety of roads in the State; and
to recommend to the Minister how money standing to the credit of the Account should be spent to implement those measures and to facilitate the performance of the Council’s functions; and
to make recommendations to the Minister in compliance with directions given by the Minister under section 6A.
[Section 5 amended: No. 30 of 2011 s. 4.]
The Minister may give a written direction to the Council —
specifying a proposal for how money standing to the credit of the Account should be spent to implement one or more measures of a kind referred to in section 5(a); and
requiring the Council to make a recommendation to the Minister as to whether or not money standing to the credit of the Account should be spent in accordance with the proposal.
The Council must give effect to a direction given by the Minister under subsection (1) by recommending to the Minister that money standing to the credit of the Account —
should or should not be spent in accordance with the proposal specified in the direction; or
should be spent in accordance with the proposal if that proposal is modified as recommended by the Council.
The Minister must cause a copy of each direction given under subsection (1) to be laid before each House of Parliament within 14 days after the direction is given.
[Section 6A inserted: No. 30 of 2011 s. 5.]
The Council is to consist of 12 members appointed by the Minister, being —
a person to be the chairman of the Council; and
a person to represent users of roads; and
a person to represent local government, nominated by the Western Australian Local Government Association; and
a person employed in the department of the Public Service principally assisting the Minister in the administration of this Act whose duties relate to road safety; and
a person nominated under subsection (2) by the Minister administering the Road Traffic (Administration) Act 2008; and
a person nominated under subsection (3) by the Minister administering the Police Act 1892; and
a person nominated under subsection (4) by the Minister administering the School Education Act 1999; and
a person nominated under subsection (4) by the Minister administering the Public Health Act 2016; and
a person nominated under subsection (4) by the Minister administering the Main Roads Act 1930; and
a person nominated under subsection (5) by the Minister administering the Transport Co‑ordination Act 1966; and
a person nominated under subsection (6) by the Minister administering the Planning and Development Act 2005; and
a person nominated under subsection (7) by the Minister administering the Insurance Commission of Western Australia Act 1986.
For the purposes of subsection (1)(e) the person nominated by the relevant Minister must be either —
the CEO as defined in the Road Traffic (Administration) Act 2008 section 4; or
an officer in the department of the Public Service principally assisting in the administration of the Road Traffic (Authorisation to Drive) Act 2008 whose functions relate to the licensing of drivers; or
an officer in the department of the Public Service principally assisting in the administration of the Road Traffic (Vehicles) Act 2012 whose functions relate to the granting of licences in respect of vehicles.
For the purposes of subsection (1)(f) the person nominated by the relevant Minister must be either the Commissioner of Police or an officer in the Police Force or in the department of the Public Service principally assisting that Minister in the administration of the Police Act 1892 whose duties relate to road safety.
For the purposes of subsection (1)(g) to (i) the person nominated by the relevant Minister must be either the chief executive officer of the department of the Public Service principally assisting that Minister in the administration of the relevant Act or an officer in that department whose duties relate to road safety.
For the purposes of subsection (1)(j) the person nominated by the relevant Minister must be either the chief executive officer of the department of the Public Service principally assisting that Minister in the administration of the Transport Co‑ordination Act 1966 or an officer in that department whose duties relate to transport planning.
For the purposes of subsection (1)(k) the person nominated by the relevant Minister must be either the chief executive officer of the department of the Public Service principally assisting that Minister in the administration of the Planning and Development Act 2005 or an officer in that department whose duties relate to urban and regional planning.
For the purposes of subsection (1)(l) the person nominated by the relevant Minister must be either the managing director of the Insurance Commission of Western Australia or an officer of the Commission whose duties relate to road safety.
[Section 6 amended: No. 49 of 2004 s. 13; No. 38 of 2005 s. 15; No. 8 of 2012 s. 172; No. 19 of 2016 s. 101 and s. 324.]
The Minister may appoint a person as a deputy for a Council member, other than the chairman.
If a Council member could only be appointed on the nomination of a person, only someone nominated by that person can be appointed as a deputy for the member.
If section 6 restricts who could be appointed, or nominated for appointment, as the member, only someone who would be eligible to be appointed, or nominated for appointment, as the member can be appointed, or nominated for appointment, as the member’s deputy.
The deputy of a Council member may act as the member at a meeting of the Council if the member is absent or if no‑one is appointed as the member.
Whenever it is necessary to appoint a Council member or a deputy on the nomination of a person, the Minister is to request the person, in writing, to submit the person’s written nomination and the Minister is not to make the appointment until the nomination is received.
If the Minister is the person whose nomination would otherwise be required for an appointment, the requirement for a nomination does not apply but the Minister can only appoint someone who would have been eligible to be nominated.
A Council member who is not a public officer, or the deputy of such a member —
is appointed for a term, not exceeding 3 years, determined by the Minister and specified in the instrument appointing the member or deputy;
may resign by written notice given to the Minister.
A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.
The Minister may revoke the appointment of a Council member who is not a public officer, or of a deputy of such a member, if the member or deputy —
becomes incapable of carrying out satisfactorily the duties of a Council member; or
is absent without the leave of the Council from 3 consecutive meetings of the Council of which he or she has had notice; or
is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws.
A Council member who is a public officer, or the deputy of such a member, ceases to be a member or deputy if he or she ceases to be eligible to be appointed or nominated for appointment as that member or deputy.
The Minister may at any time revoke the appointment of a Council member who is a public officer or of a deputy of such a member but, if another Minister’s nomination is required for the appointment of a successor of that member or deputy, cannot do so unless requested to do so by that other Minister.
[Section 9 amended: No. 18 of 2009 s. 76.]
Council members who are not public officers, and their deputies, are entitled to the remuneration and allowances determined by the Minister from time to time on the recommendation of the Public Sector Commissioner.
[Section 10 amended: No. 39 of 2010 s. 89.]
Subject to this section the Council is to determine the procedure for convening and conducting its meetings.
The chairman is to preside at Council meetings.
In the absence of the chairman, a person elected by the Council members present is to preside.
The Council is to keep accurate minutes of its meetings.
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