(1) The Minister may, with the approval of Cabinet, appoint an Ethics Committee under this section.
(2) Subject to subsections (3) and (4), the Ethics Committee consists of no less than seven or more than eleven members to be appointed by the Minister after consultation with —
(a) the Allied Health Council;
(b) the Medical and Dental Council;
(c) the Bar Association;
(d) the General Nursing Council;
(e) the Pharmacy Council.
(3) The Ethics Committee consists of —
(a) an allied health practitioner;
(b) a medical practitioner;
(c) a dental practitioner;
(d) an attorney-at-law of at least 8 years standing;
(e) a nurse;
(f) a pharmacist;
(g) persons possessing special qualifications, substantial experience or proven capacity in one or more of the fields of finance, science, clinical research ethics, quality and risk management and consumer affairs.
(4) The Minister shall designate a person appointed under subsection (3) to serve as Chairperson and Deputy Chairperson of the Ethics Committee.
(5) The Minister shall cause to be published in the Gazette the names of all members of the Ethics Committee as first appointed, including the Chairperson and Deputy Chairperson and every change in the membership of the Ethics Committee.
(6) The functions of the Ethics Committee is to ensure the protection of the rights, safety, dignity, well-being and confidentiality of subjects and provide public assurance of that protection, by reviewing applications for opinions and conducting an assessment from an ethical point of view to determine whether a favourable opinion is warranted for a clinical trial.
(7) Subject to subsection (8), the Ethics Committee may by writing delegate its functions to —
(a) any member; or
(b) a sub-committee.
(8) Subsection (7) does not authorize the Ethics Committee to delegate its power to make rules.
(9) A delegation under subsection (7) may —
(a) be made in respect of any particular matter or class of matters or generally, or may be made subject to such terms and conditions as the Ethics Committee determines;
(b) at any time, be revoked by the Ethics Committee and while in force shall not prevent the discharge by the Ethics Committee of any function that it has delegated under subsection (7).
(10) A delegate must comply with any written directions of the Ethics Committee.
(11) In carrying out its functions, the Ethics Committee may —
(a) subject to this section, make rules for its procedure at meetings;
(b) co-opt additional persons for the purpose of a meeting who hold office only in relation to the meeting for which he or she is co-opted and does not count as a member at that meeting;
(c) exercise any other powers as are specified by any other written law; and
(d) do all such things as may in its opinion be necessary or conducive to the proper discharge of its functions.
(12) Subject to subsection (15), a member holds office for a period of 3 years from the date of his or her appointment, and is eligible for re-appointment for not more than 1 consecutive term.
(13) Notwithstanding subsection (12), a person may be appointed to serve as a member for a period of less than 3 years so as to assist in providing continuity of experience as a member.
(14) Where for any reason the Chairperson, Deputy Chairperson or any other member is unable to carry out his or her functions under this Act, the Minister may appoint a member to act in the place of the Chairperson, Deputy Chairperson or other member —
(a) until the Chairperson, Deputy Chairperson or other member is again able to carry out such functions; or
(b) until another person is appointed as a Chairperson, Deputy Chairperson or member under this section.
(15) The Minister may, at any time, revoke the appointment of a member if —
(a) the member is incapable for any reason of performing his or her functions as a member;
(b) the member has been absent from 3 consecutive regular meetings of the Ethics Committee;
(c) the member fails to disclose his or her interest in an application for an opinion; or
(d) the Minister, on reasonable grounds, thinks it expedient to do so.
(16) A member, other than the Chairperson, may at any time resign his or her office by notice in writing addressed to the Minister and transmitted through the Chairperson and the resignation takes effect on the date the notice is received by the Minister or, if a later date is specified in the resignation, on that later date and the member ceases to be a member of the Ethics Committee.
(17) The Chairperson may at any time resign his or her office by notice in writing addressed to the Minister and the resignation takes effect on the date the notice is received by the Minister or, if a later date is specified in the resignation, on that later date and the Chairperson ceases to be Chairperson of the Ethics Committee.
(18) The members shall be paid remuneration as may be determined by Cabinet.