Commentary on Provisions Miscellaneous provisions Section 16: Advisory group
41.Section 16 requires the Commissioner to establish and maintain an advisory group. The purpose of the group is to give the Commissioner advice and information about matters relating to the Commissioner’s functions.
42.Subsection (3) provides that the members of the group are to be chosen by the Commissioner. However, this is subject to the provisos set out in subsection (4), namely that the appointment has been approved by the SPCB, will not result in the maximum number of members (to be set by the SPCB) being exceeded and is consistent with the principle that at least half of the group’s members are persons who appear to the Commissioner to be representative of patients.
43.Subsection (5) allows the Commissioner to pay members of the group such remuneration and allowances as the Commissioner, with the approval of the SPCB, determines.
44.Subsection (6) makes it clear that the procedure of, terms of appointment to and membership of the group is to be determined by the Commissioner.
45.The establishment and operation of the advisory group does not prevent the Commissioner from obtaining advice from other people it considers appropriate to consult (subsection (7)).