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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales Industrial Relations Advisory Council Bill 2010 Explanatory note This explanatory note relates to this Bill as introduced into Parliament. Overview of Bill The object of this Bill is to establish the Industrial Relations Advisory Council (the Council) to provide, in the public interest, a regular and organised means by which representatives of the Government, employers and employees, and other persons invited by the Minister, may consult together on industrial matters of State-wide concern. Outline of provisions Part 1 Preliminary Clause 1 sets out the name (also called the short title) of the proposed Act. Clause 2 provides for the commencement of the proposed Act on the date of assent to the proposed Act. Clause 3 defines certain words and expressions used in the proposed Act. Clause 4 sets out the object of the proposed Act as set out in the Overview above. b2010-093-25.d11 Industrial Relations Advisory Council Bill 2010 Explanatory note Part 2 Industrial Relations Advisory Council Clause 5 establishes the Council. Clause 6 provides that the Council is to consist of the following members: (a) the Minister, (b) the Director-General of the Department of Premier and Cabinet, (c) the Director-General of the Department of Services, Technology and Administration, (d) 7 persons nominated by Unions NSW, (e) one person nominated by the NSW Business Chamber, (f) one person nominated by the Australian Industry Group (NSW Branch), (g) one person nominated by the Australian Federation of Employers and Industries, (h) one person nominated by the Local Government and Shires Associations of New South Wales, (i) one person nominated by the Catholic Commission for Employment Relations, (j) one person nominated by the Law Society of New South Wales, (k) one person nominated by the Bar Association of New South Wales. Clause 7 sets out the functions of the Council (including assisting the Minister in formulating, and to advise the Minister on implementing, policies affecting industrial relations and employment in the State). Clause 8 provides that the Council may establish committees for specified purposes to assist it in connection with the exercise of its functions. Clause 9 provides that views expressed by individual members of the Council (as distinct from the views or decision of the Council as a whole) must be kept confidential and that the Minister may remove a member from office for contravening that provision. Part 3 Miscellaneous Clause 10 enables the Governor to make regulations for the purposes of the proposed Act. Clause 11 provides for the review of the proposed Act in 5 years. Schedule 1 Provisions relating to members of Council Schedule 1 contains provisions relating to membership and procedure of the Council. Explanatory note page 2 First print New South Wales Industrial Relations Advisory Council Bill 2010 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Definitions 2 4 Object of Act 2 Part 2 Industrial Relations Advisory Council 5 Establishment of Council 3 6 Membership of Council 3 7 Functions of Council 3 8 Committees of Council 4 9 Confidentiality 4 Part 3 Miscellaneous 10 Regulations 5 b2010-093-25.d11 Industrial Relations Advisory Council Bill 2010 Contents Page 11 Review of Act 5 Schedule 1 Provisions relating to members of Council 6 Contents page 2 New South Wales Industrial Relations Advisory Council Bill 2010 No , 2010 A Bill for An Act to establish the Industrial Relations Advisory Council; and for other purposes. Clause 1 Industrial Relations Advisory Council Bill 2010 Part 1 Preliminary The Legislature of New South Wales enacts: 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Industrial Relations Advisory Council Act 2010. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 3 Definitions 7 In this Act: 8 appointed member means a member referred to in section 6 (1) (d). 9 Chairperson means the Chairperson of the Council. 10 Council means the Industrial Relations Advisory Council established 11 under this Act. 12 exercise a function includes perform a duty. 13 function includes a power, authority or duty. 14 member means a member of the Council. 15 4 Object of Act 16 The object of this Act is to establish the Industrial Relations Advisory 17 Council to provide, in the public interest, a regular and organised means 18 by which representatives of the Government, employers and 19 employees, and other persons invited by the Minister, may consult 20 together on industrial matters of State-wide concern. 21 Page 2 Industrial Relations Advisory Council Bill 2010 Clause 5 Industrial Relations Advisory Council Part 2 Part 2 Industrial Relations Advisory Council 1 5 Establishment of Council 2 There is established by this Act an Industrial Relations Advisory 3 Council. 4 6 Membership of Council 5 (1) The Council is to consist of: 6 (a) the Minister, who is to be the Chairperson, and 7 (b) the Director-General of the Department of Premier and Cabinet, 8 and 9 (c) the Director-General of the Department of Services, Technology 10 and Administration, and 11 (d) the following members appointed by the Minister: 12 (i) 7 members nominated by Unions NSW, 13 (ii) one member nominated by the NSW Business Chamber, 14 (iii) one member nominated by the Australian Industry Group 15 (NSW Branch), 16 (iv) one member nominated by the Australian Federation of 17 Employers and Industries, 18 (v) one member nominated by the Local Government and 19 Shires Associations of New South Wales, 20 (vi) one member nominated by the Catholic Commission for 21 Employment Relations, 22 (vii) one member nominated by the Law Society of New South 23 Wales, 24 (viii) one member nominated by the Bar Association of New 25 South Wales. 26 (2) Nothing in this section prevents the Minister from inviting or 27 authorising any other person to attend, or participate in, a meeting of the 28 Council. 29 (3) Schedule 1 contains provisions relating to members of the Council. 30 7 Functions of Council 31 The functions of the Council are as follows: 32 (a) to assist the Minister in formulating, and to advise the Minister 33 on implementing, policies affecting industrial relations and 34 employment in the State, 35 Page 3 Clause 8 Industrial Relations Advisory Council Bill 2010 Part 2 Industrial Relations Advisory Council (b) to advise the Minister on legislative proposals of industrial 1 significance, 2 (c) to consider matters referred to the Council by the Minister or 3 members of the Council. 4 8 Committees of Council 5 (1) The Council may establish committees for specified purposes to assist 6 it in connection with the exercise of its functions. 7 (2) A committee must include at least one member of the Council. 8 (3) The procedure for the calling of meetings of a committee and for the 9 conduct of business at those meetings is to be determined by the Council 10 or, subject to any determination of the Council, by the committee. 11 9 Confidentiality 12 (1) The views expressed by individual members of the Council (as distinct 13 from the views or decision of the Council as a whole) must be kept 14 confidential. 15 (2) However, this section does not prevent an appointed member from 16 reporting to the body on whose nomination the member was appointed 17 on the views expressed at a meeting of the Council. 18 (3) There must be no public announcement of a view or decision reached 19 by the Council unless the Council resolves that the announcement 20 should be made. 21 (4) Without limiting the generality of clause 3 (3) of Schedule 1, the 22 Minister may remove an appointed member from office if the member 23 contravenes this section. 24 Page 4 Industrial Relations Advisory Council Bill 2010 Clause 10 Miscellaneous Part 3 Part 3 Miscellaneous 1 10 Regulations 2 The Governor may make regulations, not inconsistent with this Act, for 3 or with respect to any matter that by this Act is required or permitted to 4 be prescribed or that is necessary or convenient to be prescribed for 5 carrying out or giving effect to this Act. 6 11 Review of Act 7 (1) The Minister is to review this Act to determine whether the policy 8 objectives of the Act remain valid and whether the terms of the Act 9 remain appropriate for securing those objectives. 10 (2) The review is to be undertaken as soon as possible after the period of 11 5 years from the date of assent to this Act. 12 (3) A report on the outcome of the review is to be tabled in each House of 13 Parliament within 12 months after the end of the period of 5 years. 14 Page 5 Industrial Relations Advisory Council Bill 2010 Schedule 1 Provisions relating to members of Council Schedule 1 Provisions relating to members of 1 Council 2 1 Deputies of members 3 (1) The Minister may, from time to time, appoint a person to be the deputy 4 of a member, and may revoke any such appointment. 5 (2) In the absence of a member, the member's deputy may, if available, act 6 in place of the member. 7 (3) While acting in place of a member, the deputy has all the functions of 8 the member and is taken to be a member. 9 2 Term of office 10 Subject to this Schedule, an appointed member holds office for such 11 period (not exceeding 3 years) as is specified in the member's 12 instrument of appointment, and is eligible for re-appointment. 13 3 Vacancy in office 14 (1) The office of an appointed member becomes vacant if the member: 15 (a) dies, or 16 (b) completes a term of office and is not re-appointed, or 17 (c) resigns the office by instrument in writing addressed to the 18 Minister, or 19 (d) ceases to be the nominee of the body on whose nomination the 20 member was appointed, or 21 (e) is removed from office by the Minister under this clause, or 22 (f) absents himself or herself from 4 consecutive meetings of the 23 Council of which reasonable notice has been given to the member 24 personally or in the ordinary course of post, unless: 25 (i) the Council has granted the member leave to be absent 26 from those meetings, or 27 (ii) within 4 weeks after the last of those meetings, the member 28 is excused by the Council for having been absent from 29 those meetings, or 30 (g) becomes bankrupt, applies to take benefit of any law for the relief 31 of bankrupt or insolvent debtors, compounds with his or her 32 creditors or makes an assignment of his or her remuneration for 33 their benefit, or 34 Page 6 Industrial Relations Advisory Council Bill 2010 Provisions relating to members of Council Schedule 1 (h) becomes a mentally incapacitated person, or 1 (i) is convicted in New South Wales of an offence that is punishable 2 by imprisonment for 12 months or more or is convicted 3 elsewhere than in New South Wales of an offence that, if 4 committed in New South Wales, would be an offence so 5 punishable. 6 (2) A body referred to in section 6 (1) (d) may, by instrument in writing 7 addressed to the Minister, revoke the nomination of an appointed 8 member. 9 (3) The Minister may remove an appointed member from office at any time. 10 4 Filling of vacancy of member 11 If the office of an appointed member becomes vacant, a person is, 12 subject to this Act, to be appointed to fill the vacancy. 13 5 General procedure 14 The procedure for the calling of meetings of the Council and for the 15 conduct of business at those meetings is, subject to this Act and the 16 regulations, to be as determined by the Council. 17 6 Meetings of Council 18 The Council must hold at least 2 meetings in each calendar year. 19 7 Quorum 20 (1) Subject to subclause (2), the quorum for a meeting of the Council is 7 21 of its members. 22 (2) A quorum for the meeting of the Council must include each of the 23 following members or that member's deputy: 24 (a) the Minister, 25 (b) the Director-General of the Department of Premier and Cabinet, 26 (c) the Director-General of the Department of Services, Technology 27 and Administration. 28 Page 7
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