New South Wales Consolidated Acts

APPRENTICESHIP AND TRAINEESHIP ACT 2001 - SCHEDULE 2

SCHEDULE 2 – The Vocational Training Appeal Panel

(Section 62)

1 Definition

In this Schedule:
"appointed member" means a member of the Appeal Panel referred to in section 62 (2) (b), (c) or (d).

2 Nomination of appointed members

An appointed member:

(a) in the case of a member appointed to represent registered training organisations:

(i) is to be nominated for appointment in the manner prescribed by the regulations by such registered training organisations, or by such associations of registered training organisations, as may be so prescribed, or

(ii) if no such nomination is made within a reasonable time after the Director-General requests such a nomination to be made, is to be appointed by the Director-General without the necessity for nomination, and

(b) in the case of a member appointed to represent employers:

(i) is to be nominated for appointment in the manner prescribed by the regulations by such employers, or by such industrial organisations of employers, as may be so prescribed, or

(ii) if no such nomination is made within a reasonable time after the Director-General requests such a nomination to be made, is to be appointed by the Director-General without the necessity for nomination, and

(c) in the case of a member appointed to represent employees:

(i) is to be nominated in the manner prescribed by the regulations by such industrial organisations of employees as may be so prescribed, or

(ii) if no such nomination is made within a reasonable time after the Director-General requests such a nomination to be made, is to be appointed by the Director-General without the necessity for nomination.

3 Term of office

Subject to this Schedule, an appointed member holds office for such period, not exceeding 5 years, as may be specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

4 Remuneration

An appointed member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.

5 Vacancy in office of member

(1) The office of an appointed member becomes vacant if the member:

(a) dies, or

(b) completes a term of office and is not re-appointed, or

(c) resigns the office by instrument in writing addressed to the Director-General, or

(d) is removed from office by the Director-General, or

(e) becomes a mentally incapacitated person, or

(f) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or

(g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable.

(2) An appointed member also ceases to hold office if the person or body by whom the member was nominated for appointment withdraws the nomination in the manner prescribed by the regulations.

(3) The Director-General may remove an appointed member from office at any time.

6 Filling of vacancy in office of member

If the office of an appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.