New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 6 (2))
(1) In the case of the illness or absence of any trustee the Minister may appoint a person as a deputy to act in the place of the trustee during his or her illness or absence.
(2) A deputy appointed under this clause shall, while he or she is acting as a deputy, have all the functions of a trustee.
(3) No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a person to act in the place of a trustee, or as to the necessity or propriety of any appointment of a deputy, and all acts and things done or omitted by a deputy when so acting shall be as valid and shall have the same consequences as if they had been done or omitted by the trustee for whom the deputy is acting.
The Public Sector Employment and Management Act 2002 (other than Chapter 5) does not apply to or in respect of the appointment of a trustee and a trustee is not, in his or her capacity as a trustee, subject to that Act during his or her term of office.
(1) The term of office of a trustee shall be, and (unless he or she vacates his or her office during his or her term) a trustee shall hold office for, such period not exceeding 3 years as may be specified in the instrument appointing him or her.
(2) Subject to subclause (3) of this clause and to clause 1, a trustee whose term of office has expired may be re-appointed as a trustee.
(3) No trustee shall hold office for 4 consecutive terms.
(4) On the occurrence of a vacancy in the office of a trustee otherwise than by the expiration of his or her term of office, the Governor may appoint a person to hold that office for the balance of his or her predecessor’s term of office.
(4A) For the purposes of subclause (3) only, an appointment under subclause (4) does not constitute (and is taken never to have constituted) an appointment for a term of office.
A trustee, a deputy of a trustee and a member of a committee established under section 8 (7) who is not a trustee are each entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of them.
The Governor may, for any cause which to the Governor seems sufficient, remove a trustee from office.
A trustee shall be deemed to have vacated his or her office if he or she:
(a) dies,
(b) resigns his or her office by writing under his or her hand addressed to the Minister,
(c) 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 or estate for their benefit,
(d) becomes a mentally incapacitated person,
(e) is absent from 3 consecutive ordinary meetings of the Trust of which notice has been given to the trustee personally or in the ordinary course of post and is not before the expiration of 6 weeks after the latest of those meetings excused by the Trust for his or her absence from the meetings,
(f) is removed from office by the Governor, or
(1) The President of the Trust shall be such trustee as the Minister appoints as President.
(2) A President of the Trust holds office until his or her successor is appointed by the Minister or until he or she ceases to be a trustee, whichever first occurs.
(3) At the first meeting of the Trust and at each meeting next following the expiry of the term of office of a Vice-President, the trustees shall elect a Vice-President from among their number.
(4) The term of office of a Vice-President expires:(a) if he or she vacates his or her office as trustee, or(b) if his or her term of office as trustee during which he or she was elected as Vice-President expires, notwithstanding that he or she may be subsequently re-appointed as a trustee.
(5) A retiring President or Vice-President is, while he or she is a trustee, eligible for re-appointment or re-election, as the case may be.
(6) At a meeting of the Trust:(a) the President,(b) in the absence of the President-the Vice-President, or(c) in the absence of both the President and Vice-President-a chairperson elected by trustees present at the meeting from among their number,shall preside.
(1) The procedure for the calling of meetings of the Trust and the conduct of business at those meetings shall, subject to this Schedule and any by-law, be as determined by the Trust.
(3) Subject to clause 10 (2) (b), 6 trustees shall form a quorum and any duly convened meeting of the Trust at which a quorum is present shall be competent to transact any business of the Trust and shall have and may exercise all the functions of the Trust.
(4) The person presiding at a meeting of the Trust shall, in the event of an equality of votes, have, in addition to a deliberative vote, a second or casting vote.
(5) A decision supported by a majority of the votes cast at a meeting of the Trust at which a quorum is present shall be the decision of the Trust.
(1) A trustee present at a meeting of the Trust who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Trust, otherwise than as a member of, and in common with the other members of, an incorporated company consisting of more than 25 persons, shall, as soon as practicable after the commencement of the meeting, disclose the nature of his or her interest.
(2) A disclosure under subclause (1) of this clause shall be recorded in the minutes of the Trust and the trustee:(a) shall not take part, after the disclosure, in any deliberation or decision of the Trust with respect to that matter, and(b) shall be disregarded for the purpose of constituting a quorum of the Trust for any such deliberation or decision.
The secretary to the Trust shall cause minutes of each meeting of the Trust to be recorded and preserved.
The Director:
(a) is entitled to be present at each meeting of the Trust and is entitled to be heard by the Trust on any matter considered by the Trust, and
(b) is an ex officio member of each committee of the Trust.
The common seal of the Trust shall be kept by the secretary to the Trust.
(1) The Trust may, if it thinks fit, transact any of its business by the circulation of papers among all the trustees for the time being, and a resolution in writing approved in writing by a majority of those trustees is taken to be a decision of the Trust.
(2) The Trust may, if it thinks fit, transact any of its business at a meeting at which trustees (or some trustees) participate by telephone, closed-circuit television or other means, but only if any trustee who speaks on a matter before the meeting can be heard by the other trustees.
(3) For the purposes of:(a) the approval of a resolution under subclause (1), or(b) a meeting held in accordance with subclause (2),the President and each trustee have the same voting rights as they have at an ordinary meeting of the Trust.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Trust.
(5) Papers may be circulated among the trustees for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.