Victorian Numbered Acts Victorian Numbered ActsSchedule 1—Further heritage administration
Division 1—Membership and procedure
1 Chairperson and Deputy Chairperson
(1) The Minister must appoint one of the members of the Heritage Council as the Chairperson of the Heritage Council.
(2) The Minister must appoint one of the members of the Heritage Council as the Deputy Chairperson of the Heritage Council.
(3) If the Chairperson is absent or unable to perform their functions, the Deputy Chairperson must act as Chairperson and, while acting, has all the functions, duties and powers of the Chairperson.
2 Terms of appointment of members of the Heritage Council
(1) A member of the Heritage Council holds office for a period of up to 3 years specified in the member's instrument of appointment.
(2) A member of the Heritage Council is eligible for re-appointment.
(3) The instrument of appointment of a member of the Heritage Council may specify terms and conditions of appointment.
(4) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Heritage Council in respect of the office of that member.
3 Resignation and removal of members of the Heritage Council
(1) A member of the Heritage Council may resign from office by giving written notice to the Governor in Council.
(2) The Governor in Council, on the recommendation of the Minister, may at any time remove a member of the Heritage Council from office and appoint another person in their place.
4 Alternate members of the Heritage Council
(1) The Governor in Council, on the recommendation of the Minister, may appoint an alternate member for a member of the Heritage Council.
(2) An alternate member must be appointed in the same manner as the member of the Heritage Council for whom the person is the alternate member.
(3) An alternate member may act in place of the member of the Heritage Council for whom the person is the alternate member if—
(a) the member is absent or unable to perform the duties of office; or
(b) the member and the alternate member agree that the alternate member is to act in the member's place; or
(c) the member's position is vacant.
(4) If subclause (3)(c) applies, the alternate member must not act in that position for more than 6 months.
(5) An alternate member has all the functions, duties and powers of a member of the Heritage Council when acting in the place of the member.
5 Terms of appointment for alternate members of the Heritage Council
(1) An alternate member of the Heritage Council holds office for a period of up to 3 years specified in their instrument of appointment.
(2) An alternate member is eligible for re appointment.
(3) An alternate member may resign from office by giving written notice to the Governor in Council.
(4) The Governor in Council, on the recommendation of the Minister, may at any time remove an alternate member from office and appoint another person in their place.
Division 2—Meetings
6 Procedure at Heritage Council meetings
(1) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson, must preside at a meeting of the Heritage Council.
(2) If the Chairperson and the Deputy Chairperson are absent, the members of the Heritage Council present may elect a member to preside at a meeting.
(3) At a meeting of the Heritage Council, a majority of members present at the meeting constitutes a quorum.
(4) A question arising at a meeting of the Heritage Council must be determined by a majority of votes of members present and voting on that question.
(5) In the event of an equality of votes on any question arising at a meeting of the Heritage Council, the person presiding at the meeting has a deliberative vote and a second or casting vote.
(6) An act or decision of the Heritage Council is not invalid merely because of a defect or irregularity in connection with the qualification or appointment of a member of the Heritage Council or, in the case of a person qualified or appointed to act as an alternate member, because the occasion for the person acting as an alternate member had not arisen or had ceased.
(7) Subject to this Act, the Heritage Council may regulate its own proceedings.
7 Minutes of meetings
The Heritage Council must keep minutes of the proceedings and decisions of each of its meetings.
Division 3—Operations
8 Procedure at committee meetings
(1) A quorum of a committee is constituted by 3 members of the Heritage Council.
(2) The Heritage Council must appoint one of its members as Chairperson of the committee who must preside at all meetings of the committee at which the Chairperson is present.
(3) If the Chairperson is not present, the members present must elect another member of the committee who is also a member of the Heritage Council to preside at the meeting.
(4) Subject to this Act, a committee may regulate its own proceedings.
(1) The Heritage Council must prepare a corporate plan for each financial year.
(2) The Heritage Council must give a copy of a proposed corporate plan to the Minister on or before 31 May in each year, or by another date specified by the Minister.
(3) The proposed corporate plan must include—
(a) the Heritage Council's objectives and priorities over the next financial year; and
(b) the main undertakings of the Heritage Council; and
(c) the nature and scope of the activities to be undertaken by the Heritage Council; and
(d) estimates of the Heritage Council's revenue and expenditures and overall financial position for each of the next 3 financial years, and for the end of that period; and
(e) the performance targets and other measures by which the performance of the Heritage Council may be assessed in relation to its stated objectives; and
(f) such other matters as may be agreed on by the Minister and the Heritage Council.
(4) The Minister may specify—
(a) the type and format of the information required to be included in a proposed corporate plan under subclause (3)(d); and
(b) the kind of information to be provided to the Minister by the Heritage Council during the course of each of the next 3 financial years, including the information to be included in each report of operations under the Financial Management Act 1994 .
(5) The Heritage Council must consider any comments on a proposed corporate plan made by the Minister within one month of the plan being provided to the Minister under subclause (2).
(6) The Heritage Council must—
(a) consult in good faith with the Minister following any comments made by the Minister in respect of a proposed corporate plan; and
(b) make any changes to the plan as are agreed between the Minister and the Heritage Council; and
(c) give the completed plan to the Minister for approval within 3 months of giving the proposed plan to the Minister.
(7) An approved corporate plan may be amended at any time by agreement of the Heritage Council and the Minister.
10 Public availability of corporate plan
(1) The Heritage Council must publish a copy of its current corporate plan on its website.
(2) The Heritage Council must ensure that the corporate plan is included in its report of operations under the Financial Management Act 1994 .
11 Changes to corporate plan at the direction of the Minister
(1) The Minister, by written notice to the Heritage Council, may direct the Heritage Council to include any specified matters in or omit any specified matters from a corporate plan.
(2) Before giving the direction under subclause (1) the Minister must consult with the Heritage Council as to the matters to be referred to in the notice.
(3) The Heritage Council must comply with a direction under this clause.
12 Report of operations
The Heritage Council must ensure that its report of operations under the Financial Management Act 1994 includes—
(a) the performance of its functions under this Act, including its performance in relation to the objectives and priorities set out in its current corporate plan; and
(b) a report on the state of Victoria's cultural heritage; and
(c) any other information required by the Minister.
Division 4—Miscellaneous
13 Fees and allowances for members, alternate members and committee members of the Heritage Council
(1) A member or alternate member of the Heritage Council is entitled to receive the fees, travelling and other allowances fixed by the Minister in respect of the member.
(2) A committee member of the Heritage Council is entitled to receive the fees, travelling and other allowances approved by the Minister in respect of the member.
14 Disclosure of interests
(1) A person to whom this clause applies must disclose at a meeting of the Heritage Council the nature of any direct or indirect pecuniary interest in—
(a) a contract or proposed contract with the Heritage Council; or
(b) a matter being considered or proposed to be considered by the Heritage Council.
(2) A disclosure made under subclause (1) must be made as soon as practicable after the relevant facts have come to the person's knowledge.
(3) A person who makes a disclosure must not—
(a) take any further part in any consideration or discussion of the contract, proposed contract or other matter; or
(b) take part in any vote on the contract, proposed contract or other matter; or
(c) be counted for the purposes of a quorum.
(4) A person who makes a full and accurate disclosure under subclause (1) and complies with subclause (3)(a) and (b) is not in breach of any duty owed by the person to the Heritage Council by reason of the person's pecuniary interest in the contract, proposed contract or other matter in respect of which the disclosure was made.
(5) A disclosure must be recorded in the minutes of the meeting at which it is made.
(6) This clause does not apply to a pecuniary interest which is held as a member in common with other members of a company which has at least 20 members.
(7) In this clause—
"a person to whom this clause applies" means—
(a) a member of the Heritage Council; or
(b) a member of a committee of the Heritage Council; or
(c) the Executive Director.
15 No pecuniary interest in certain circumstances
A member of the Heritage Council does not have any direct or indirect pecuniary interest by reason only of the fact that—
(a) the member has been appointed from a list of names submitted by a body; and
(b) that body has a direct or indirect pecuniary interest in a place or object which is the subject of a contract or proposed contract with the Heritage Council or in any other matter being considered or proposed to be considered by the Heritage Council.
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