Road Safety Council

Governance Charter
 ROAD SAFETY COUNCIL

GOVERNANCE CHARTER

1. ESTABLISHMENT
The Road Safety Council (the ‘Council’) 1 was established on 1 February 19972 as a
statutory body to coordinate the development and implementation of policy and strategies to
improve road safety in Western Australia.

The Office of Road Safety was established administratively to support the Minister with
responsibility for administering Road Safety Council Act 2002 and provide administrative
support for the Council3.

2. ROLE
The Council has legislative responsibilities as stated under the Road Safety Council Act
20024, and recommends and reports on road safety matters to the Minister with responsibility
for road safety.

Purpose
The primary aim of Council and its members is to provide the best possible evidence based
advice to Government on priority actions that will be most effective and deliver the biggest
impact on reducing the harm of serious road crashes to the Western Australian community.

The primary responsibility and accountability of Council and its members is to the State.
Council’s role is to provide evidence based recommendations and advice to improve road
safety in accordance with the Government’s road safety strategy and to report on the
implementation of road safety measures.

On occasions the Minister with responsibility for road safety will request that Council
consider and provide advice on road safety matters.

3. ACCOUNTABILITY
Council members are accountable as members of their respective organisations to:
bring the issues, perspectives, policies and views of their organisation or those
members that they represent;
ensure effective communication and consideration within their organisation of
relevant issues under consideration of Council;
where relevant to their organisations, implement appropriate management processes
to achieve or support the targeted outcomes of Council; and
operate as part of a team to ensure that the objectives of Council are met.

4. FUNCTIONS
Section 5 of the Road Safety Council Act 2002 defines the functions5 of the Road Safety
Council.

The Council’s functions are -

a) to identify measures -
i. to improve the safety of roads in the State; and

1
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 4, page 2.
2
Cabinet Minute: Road Safety Administration – Cabinet Decision Sheet 15/01/96.
3
Refer –
4
http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_847_homepage.html.
5
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 5, page 2.

2
 ii. 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
b) to recommend to relevant bodies and persons the action that should be taken to
implement those measures; and
c) to coordinate the implementation of those measures by relevant bodies and
persons; and
d) to evaluate and monitor the effectiveness of those measures; and
e) to evaluate and monitor the safety of roads in the State; and
f) to recommend to the Minister how money standing to the credit of the Account6
should be spent to implement those measures and to facilitate the performance of
the Council’s functions ; and
g) to make recommendations to the Minister in compliance with directions given by the
Minister under section 6A7.

5. DIRECTION FROM THE MINISTER – SECTION 6A8

The Minister with responsibility for road safety may give 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 in accordance with the Council’s function outlined in
Section 5(a)9 of the Road Safety Council Act 2002.

In such circumstances, the Council is required 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 Minister’s proposal or recommend a proposal modified by the Council.

The Minister must provide a copy of each direction to Council to be presented to each House
of Parliament within 14 days after the direction is given.

6. TERMS OF REFERENCE
The Council acts as a statutory body to coordinate the development and implementation of
policy and strategies to improve road safety. The Council will coordinate the development,
implementation and promotion of the Road Safety Strategy for Western Australia. It will also
recommend to the Minister how money allocated to the Road Trauma Trust Account should
be spent to improve road safety performance.

7. ROLES AND RESPONSIBILITIES

Develop a recommended strategic direction for road safety in Western Australia by:
Coordinating the development of a recommended Road Safety Strategy for Western
Australia for consideration by the Minister responsible for road safety and
Government
Reviewing and making recommendations to Government on evidence-based road
safety policy and programs
Influencing and contributing to national road safety objectives.

Identify and coordinate implementation of priority road safety actions by:

Recommending an annual work plan for agencies and other stakeholders, funded by
the Road Trauma Trust Account, that seeks to meet the objectives of the Road
Safety Strategy for Western Australia
Implementing an effective road safety project evaluation and prioritisation process for
allocation of funds from the Road Trauma Trust Account

6
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 12,(6), page 10.
7
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 5 and 6A., pages 2 and 3.
8
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 5 and 6A., page 3.
9
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 5,(a), page 2.

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 Influencing and monitoring implementation of the actions agreed under the
Government endorsed Road Safety Strategy for Western Australia.

Evaluate and report on the implementation of the Road Safety Strategy by:
Ensuring the implementation of an appropriate reporting process, including
monitoring of project and program effectiveness
Monitoring implementation of the Road Safety Strategy and its effects on road safety
performance in WA
Reporting annually on, and advising the Minister, Ministerial Council for Road Safety
and the community on the safety performance of the road transport system and the
outcome of projects and programs undertaken.

8. MEMBERSHIP10
The Council is to consist of 12 members appointed by the Minister, being -
a) a person to be the chairman of the Council;
b) a person to represent users of roads;
c) a person to represent local government, nominated by the Western Australian Local
Government Association [Western Australian Local Government Association];
d) 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 [current
member - the Executive Director, Office of Road Safety];
e) a person nominated under subsection (2) by the Minister administering the provisions
of the Road Traffic Act 1974 that section 5 of that Act defines as the licensing
provisions of this Act [current member - Department of Transport];
f) a person nominated under subsection (3) by the Minister administering the Police Act
1892 [WA Police];
g) a person nominated under subsection (4) by the Minister administering the School
Education Act 1999 [current member - Department of Education who represents the
Catholic Education Office and the Association of Independent Schools];
h) a person nominated under subsection (4) by the Minister administering the Health Act
1911 [current member - Department of Health];
i) a person nominated under subsection (4) by the Minister administering the Main
Roads Act 1930 [current member - Main Roads Western Australia];
j) a person nominated under subsection (5) by the Minister administering the Transport
Co-ordination Act 1966 [current member - Department of Transport];
k) a person nominated under subsection (6) by the Minister administering the Planning
and Development Act 2005 [current member – Department of Planning];
and
l) a person nominated under subsection (7) by the Minister administering the Insurance
Commission of Western Australia Act 1986 [Insurance Commission of Western
Australia].

Membership and Nomination Selection Process11

a) Chairperson
For the purpose of sub section a) the Minister will appoint a chairperson.
b) Road user group representative
For the purpose of sub section b) the Minister will conduct a process to select a body
or person to represent road user groups.
c) Local government representative

10
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 6, pages 3 to 7.
11
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 6, pages 4 and 5.

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 For the purposes of sub section c) the Minister will request the Western Australian
Local Government Association to nominate three person(s) for the Minister’s
considered appointment.
d) Government agency representatives
For the purposes of sub sections e), f), g), h), I), j), k) and l) the person nominated by
the relevant Minister must either be the chief executive officer or Commissioner or
managing director of the department of public service principally assisting that
Minister in administration of the relevant Act or an officer of the department whose
duties relate to road safety.

Members must be senior personnel who have the authority to act on behalf of their
chief executive officers and have responsibility for road safety within their
organisations. Members should be able to make decisions on priorities and
resources on behalf of their organisations.

9. DEPUTY OF MEMBER12
The Minister may appoint a person as a deputy for a Council member, other than the
Chairperson. The deputy member may act as the member at Council if the member is
absent or a member has not been nominated.

10. DURATION OF APPOINTMENT13

The Chair, road user representative and deputy, and the local government representative
and deputy may be appointed for a term of up to three years, but may be eligible for re-
appointment.

A government officer and deputy cease to be Council member if he or she becomes

ineligible to be appointed as their agency’s nominated representative.

11. MEETINGS14
Chair
The chairperson is to preside at Council meetings15.

In the absence of the chairperson, a person elected by the Council members present is to
preside16.

A statement that defines the role and function of the Council Chair can be found at Appendix 1

Quorum
At any meeting of Council five (5) members in attendance shall constitute a quorum.

Frequency of Meetings
Council will agree annually agree and determine the schedule of meetings required to
conduct its annual work program and business.

The chairperson may convene a special meeting of Council at any time.

Administration and executive support

The department of the public service principally assisting the Minister administering the Road
Safety Council Act 2002 shall provide administrative and executive support to the Council17.

12
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 7, pages 5 and 6.
13
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00, Section 9, pages 6 and 7.
14
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00, Section 11, page 7.
15
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 11(2), page 7.
16
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 11(3), page 7.

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Decision Making
Council members must engage appropriately in accountable and ethical decision making that
reflects the balance and requirements of multiple stakeholders.

Decision making is generally achieved by consensus with any objections recorded in the
minutes. Where consensus cannot be achieved then Council will vote on the issue.

Each member of Council shall have one vote. If required the Chair shall have the casting
vote.

Record of Meeting
The Council is to keep accurate minutes of its meetings18; these records are to be submitted
to the next meeting for certification by the chairperson as a true and correct record of the
proceedings.

Confidentiality
The Road Safety Council is considered a Government Board and all members are bound by
the Public Sector Management Act 1994 and other relevant legislation.

The Council will:

ensure confidential records are subject to appropriate access procedures
respect confidential information and observe any restrictions agreed by the
Council
maintain confidentiality and not divulge information deemed confidential or
sensitive, including documents that are Cabinet in Confidence. If members are
uncertain they should seek direction from the Council chair
not misuse information obtained in the course of board duties for direct or
indirect gain, or to do harm to other people or the board
will respect the privacy of individuals.

Council members may ‘in confidence’ brief their CEO or senior executive on road safety
issues of relevance or those requiring attention or action by their agency.

Once Council recommendations have been received by the Minister and/or are referred to
Cabinet then they become subject to ‘Cabinet in Confidence’ requirements.

Conflict of Interest
A standing item on the Council Agenda will allow members to declare an interest and make
disclosures in relation to the business of Council that might give rise to conflict. Declarations
by members and the agreed resolution steps taken to minimise the conflict will be recorded
in the Council meeting minutes.

Where necessary the Chair may ask or members may choose to remove themselves from
discussion on agenda items or issues where they believe that they have a real or perceived
conflict of interest.

Where the Chair identifies a conflict of interest another person elected by the Council
members will chair the meeting until steps taken to resolve the conflict have been
undertaken.

17
Refer –
18
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 11(4), page 7.

6
Where a conflict of interest has been identified, the Chair or member may seek to involve an
independent party or nominee to resolve the conflict or provide an organisational position.

Communication
The Chair will be the nominated member to make public comments about the work and
agreed positions of the Council.

Individual Council members will comment from the perspective of their agency.

Communication of Council deliberations including meeting papers and official media

statements will be coordinated through the department of the public service principally
assisting the Minister administering the Road Safety Council Act 2002 with approval from the
Chair (Office of Road Safety).

Annual Review of Road Trauma Results

A review of road trauma results of the previous year will be conducted annually, reported and
used to inform the development of the next annual work program.

Outcomes of the review will be recorded in the Council meeting minutes.

Council Performance
Council will conduct an annual review of its performance as an entity. The review will
examine all aspects of the Council set out in this Governance Charter.

The review of Council performance will be based upon the eleven principles of good
corporate governance for public sector boards and committees19.

The Council shall evaluate its performance annually to determine whether it is functioning
effectively and recommend any changes that will improve its performance as an advisory
and recommending body.

Outcomes of the review will be recorded in the Council meeting minutes.

12. RENUMERATION AND ALLOWANCES

Council members and their deputies that are not full time public officers are entitled to
remuneration and allowances determined by the Minister on recommendation of the Public
Sector Commissioner20.

The Premier's Circular 2010/02 - State Government Boards and Committees sets out the
eligibility requirements for being paid sitting fees21.

Members may be reimbursed for expenses incurred in travelling to and from meetings and
on the business of the Council. In seeking or obtaining reimbursement, they must comply
with the requirements of Public Sector Commissioner's Circular 2009/20: Reimbursement of
travel expenses for members of government boards and committees22.

19
http://www.publicsector.wa.gov.au/public-administration/public-sector-governance/good-
governance-boards-and-committees
20
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 12, page 7.
21
http://www.publicsector.wa.gov.au/public-administration/public-sector-governance/good-
governance-boards-and-committees/resources/remuneration
22
http://www.publicsector.wa.gov.au/document/public-sector-commissioners-circular-2009-20-
reimbursement-travel-expenses-members-govt-brds-and-ctees

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13. ROAD TRAUMA TRUST ACCOUNT23
As part of the Road Trauma Trust Account annual budget cycle, Council recommends a road
safety plan of work and proposed expenditure to the Minister for consideration.

Money standing to the credit of the Account is to be applied for the purposes determined by
the Minister having regard to the recommendations of the Council24.

Management of the Account25

For the purposes of the Financial Management Act 2006 and the Auditor General Act 2006
the Account is to be administered by the department of the public service principally assisting
the Minister administering the Road Safety Council Act 2002. The Office of Road Safety
manages the Account on behalf of the Minister26.

Managing potential financial conflict of interest

As part of its annual budget cycle and prior to recommendation to the Minister with
responsibility for road safety, Council will commission an independent evaluation of priority
projects recommended for funding. The independent evaluation will consider the
contemporary evidence, the mix of recommended priority projects and their contribution to
achieving the targets of the Road Safety Strategy for Western Australia.

14. ANNUAL REPORT – SECTION 1327

As soon as practicable after 1 July each year the Council28 is to provide the Minister a report
of activities of Council in the previous financial year.

The Minister is to table this report in each House of Parliament within 14 sitting days of that
House after the report is received from Council.

15. CODE OF CONDUCT

The Council has developed a Code of Conduct that outlines a general set of principles to
assist members understand their responsibilities with regard to ethical and accountable
behaviour.

The principles outlined in the Code cover the following areas: personal behaviour;
communication and official information; fraudulent and corrupt behaviour; use of public
resources; record keeping and use of information; and managing conflicts of interest.

Council members are expected to uphold the principles outlined in the Code of Conduct.

Note: Specific reference to administrative and functional requirements of Council that

include such areas as: decision making, record keeping, confidentiality, conflict of interest,
communication and the performance of Council is described in Section 11 - Meetings.

16. REVIEW
The Council will review this Governance Charter annually or as required.

23
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 12, pages 8 to 10.
24
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 12.(6), page 10.
25
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00. Section 12.(5), page 9.
26
Refer –
27
Road Safety Council Act 2002, as at 21 May 2012, Version 01-f0-00, Section 13, page 10.
28
The Section 13 - Annual Report is prepared on behalf of the Council by the Office of Road Safety.
The Road Safety Council Governance Charter was approved by the Minister for Road Safety on
28 September 2013