For clarity of roles in the Charter and other Dams Safety NSW internal documents such as manuals, policies, processes and procedures, members of Dams Safety NSW are referred to as “the Board”.
Purpose
This Charter sets out the main principles adopted by the Board in order to develop, implement and maintain good corporate governance.
Governance principles established in this Charter and the Governance Framework are designed to ensure an environment of accountability, integrity and excellence are attained.
Function of Dams Safety NSW
Under section 9 of the Act, Dams Safety NSW has the following functions:
- to provide advice or make recommendations to the Minister on the types and classes of dams that may be the subject of regulations
- to provide advice or make recommendations to the Minister on the development, implementation and modification of the dams safety standards
- to keep the owners of declared dams and the public informed about the dams safety standards and to regulate compliance with those standards
- to audit compliance by the owners of declared dams with operations and maintenance plans and emergency plans
- to provide guidance to owners of declared dams in complying with the requirements of the Act relating to the safety, operation and maintenance of dams (including guidance in applying total risk management and the principles of cost benefit analysis for that purpose)
- to formulate measures (including the development of guidelines) to ensure the safety of dams to collect information, carry out research and keep records on matters relating to dams safety
- to enter into arrangements with any person or body with respect to the conduct of any study or research that may be necessary or desirable for the purposes of this Act
- to make such other reports or recommendations to the Minister or any other person in relation to the safety of dams as Dams Safety NSW considers necessary or appropriate.
Board appointments
The Minister for Water, Property and Housing, as the Minister administering the Act, appointed inaugural members of Dams Safety NSW in October 2019.
The terms of appointed members are as specified in their instrument of appointment and may be for a period of up to four years. Appointed members are eligible for reappointment. The Minister can appoint a person to act in the office of a member during illness or absence who can exercise the functions of a member.
An appointed member’s position on the Board may become vacant, if the member is absent from four consecutive meetings, in accordance with Schedule 1 Section 7, and for other reasons listed in that section.
Membership
The Board comprises of six members. Five independent part-time appointed members including a Chair and Deputy Chair and the Chief Executive (CEO) of Dams Safety NSW.
Board members of Dams Safety NSW are required to be persons who together have professional expertise, qualifications or experience in dam engineering, mine engineering, emergency management, dam operations and management, public safety risk analysis and best practice regulation (including cost benefit analysis and business case development).
Dams Safety NSW Chair is: Paul O'Connor
Dams Safety NSW Deputy Chair is: Julie Garland McLellan
Members are: Shane McGrath, Ian Landon-Jones, CEO Dams Safety NSW.
Note: The CEO may attend meetings but is not entitled to vote.
Committees
The Act provides that Dams Safety NSW may:
- establish committees for the purpose of advising Dams Safety NSW in the exercise of its functions under this Act
- appoint as a member of any such committee any person who, in the opinion of Dams Safety NSW, appears to be qualified to be a member of that committee.
Role of Chair
The Chair is responsible for leading the activities of Dams Safety NSW. The Chair’s responsibilities include:
- ensuring that Dams Safety NSW performs its functions, acting within any relevant statutory powers, legal obligations and complying with policies relevant to the entity (including whole of government policies)
- facilitating the conduct of meetings to allow frank and open discussion
- ensuring individual members make an effective contribution and reviewing the performance and contribution of members facilitating the flow of information to members and stakeholders
- liaising with the Minister for Water, Minister for Water, Housing, Homelessness, Mental Health, Youth, and the North Coast, the Department of Climate Change, Energy, the Environment and Water's CEO NSW Water Sector (Deputy Secretary) and the CEO Dams Safety NSW
- working with the Dams Safety NSW Secretariat
- if requested by the Minister or Department, providing input into the nomination, selection and recruitment process for new members.
The Chairperson of Dams Safety NSW (or, in the absence or at the request of the Chairperson, the Deputy Chairperson of Dams Safety NSW) is to preside at a meeting of Dams Safety NSW.
The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
Role of Members
The role and responsibility of members include:
- supporting Dams Safety NSW to perform its functions
- attending meetings and participating in decision making processes
- undertaking consultation or research to support and promote discussion of agenda items
- acting in the interests of Dams Safety NSW as a whole.
Role of Secretariat
The Board is serviced by a Secretariat (the Secretariat) from Dams Safety NSW staff.
All records, including the agenda, minutes and any reports, recommendations and briefings will be prepared and kept by the Secretariat.
The Board will agree on meeting dates and the Secretariat will organise the venue for the meeting, advise members of location, provide papers for the meeting and circulate minutes of the meeting.
The Secretariat will work with the Chief Executive Officer to prepare agenda items, reports and briefings as required by the Board or the Chief Executive Officer.
Meetings
The Board will meet as required for specific issues as agreed to by its members. Meeting papers will be provided one week in advance of meetings
Quorum for meetings
The quorum for a Board meeting at least four of the appointed members. Attendance can be either in person or remotely.
Conflicts of interest
Board members must:
- disclose any actual or perceived conflict of interest which may exist as soon as they become aware of the issue
- take the necessary and reasonable measures to try and resolve the conflict and comply with the requirements of the Act in relation to the disclosure of interests and restrictions on voting.
If a conflict or potential conflict situation exists, the conflicted Board members will not participate in discussions of the matter by the Board.
Board members are expected to advise the Chair of relevant pecuniary interests as soon as practicable.
Code of conduct
The Board will abide by its endorsed Code of Conduct.
Review and assessment of the Board
The Board will provide an annual review of its performance and self-evaluate its level of effectiveness.
An external consultant may be engaged by the Chair to assist with the evaluation and review of the Board’s performance.
Review of Charter
The Board will review the Charter annually to ensure it remains consistent with the Board’s objectives and responsibilities.