SCHEDULE 4 - Meetings of governing councils

Section 25

1.    Convening of meetings

(1) The chairperson of the governing council of a Tasmanian Health Organisation –

(a) may convene a meeting at any time; and

(b) must convene a meeting when requested to do so by 2 or more other members of the governing council; and

(c) must convene a meeting if a meeting is to be convened in accordance with a resolution of a previous meeting of the governing council.

(2) If the chairperson of the governing council of a Tasmanian Health Organisation is absent from duty or otherwise unable to perform the duties of the office, a meeting may be convened by –

(a) 2 or more other members of the governing council; or

(b) a person authorised to do so by the governing council.

(3) A meeting of the governing council of a Tasmanian Health Organisation may only be convened if reasonable notice of the meeting is given to the members of the governing council.

(4) The governing council of a Tasmanian Health Organisation is to determine what constitutes reasonable notice for the purposes of subclause (3) .

2.    Presiding at meetings

(1) The chairperson of the governing council of a Tasmanian Health Organisation is to preside at all meetings of the governing council at which he or she is present.

(2) If the chairperson of the governing council of a Tasmanian Health Organisation is not present at a meeting of the governing council, a member elected by the members present at the meeting is to preside at the meeting.

3.    Quorum and voting

(1) At a meeting of the governing council of a Tasmanian Health Organisation, a quorum is constituted by the majority of the total number of members of the council.

(2) A meeting of the governing council of a Tasmanian Health Organisation at which a quorum is present is competent to transact any business of the governing council.

(3) At a meeting of the governing council of a Tasmanian Health Organisation –

(a) the member presiding has a deliberative vote only; and

(b) a question is decided –

(i) by a majority of the members present and voting; or

(ii) in the negative if there is an equality of votes of the members present and voting.

(4) At a meeting of the governing council of a Tasmanian Health Organisation where a member is excluded from being present and taking part in the consideration and decision of the governing council in relation to a matter, a quorum for the purposes of considering and making a decision in relation to that matter is constituted by the number of members specified as constituting a quorum in subclause (1) , less the number of members so excluded.

4.    Conduct of meetings

(1) Subject to this Act, the governing council of a Tasmanian Health Organisation may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.

(2) The governing council of a Tasmanian Health Organisation may permit members to participate in a particular meeting, or all meetings, of the council by –

(a) telephone; or

(b) video conference; or

(c) any other means of communication approved by the governing council.

(3) A member who participates in a meeting of the governing council of a Tasmanian Health Organisation under a permission granted under subclause (2) is taken to be present at the meeting.

(4) Without limiting subclause (1) , the governing council of a Tasmanian Health Organisation may allow a person to attend a meeting of the governing council for the purpose of advising or informing it on any matter.

5.    Resolutions without meetings

(1) If all members of the governing council of a Tasmanian Health Organisation sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the governing council –

(a) held on the day on which the document is signed; or

(b) held, if the members do not sign it on the same day, on the day on which the last of the members signs the document; or

(c) if it is not signed by all the members before the next meeting of the governing council, if it is passed by the council at a meeting of the council.

(2) If a resolution is taken to have been passed under subclause (1) , each member is to be –

(a) advised immediately of the matter; and

(b) given a copy of the terms of the resolution.

(3) For the purposes of subclause (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are taken to constitute one document.

6.    Minutes

The governing council of a Tasmanian Health Organisation must keep minutes of its proceedings.

7.    Procedure generally

Except as provided in this Act, the governing council of a Tasmanian Health Organisation may regulate its own proceedings.

8.    Presumptions as to resolutions and quorums

In any proceedings to which a Tasmanian Health Organisation or the governing council of a Tasmanian Health Organisation is a party, unless evidence is given to the contrary, proof is not required of –

(a) any resolution of the governing council; and

(b) the presence of a quorum at any meeting of the governing council.