New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 7)
(1) Subject to this Schedule, a member holds office for 3 years from the date of his or her election or appointment, but is eligible (if otherwise qualified) for re-election or re-appointment.
(2) In relation only to the first members elected or appointed to a particular committee, subclause (1) is subject to the committee’s foundation regulation.
A 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.
(1) A member may, from time to time, appoint a person to be the member’s deputy, and may revoke any such appointment.
(2) A member by whom such an appointment is made must cause notice of the appointment, and the name of the deputy appointed, to be given to the chairperson of the committee.
(3) In the absence of a member, the member’s deputy may, if available, act in the place of the member.
(4) While acting in the place of a member, a deputy member:(a) has all the functions of the member and is taken to be a member, and(b) 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 deputy member.
(5) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.
The office of a member becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-elected or re-appointed, or
(c) resigns the office by instrument in writing addressed to the committee, or
(d) is absent from 4 consecutive meetings of the committee of which reasonable notice has been given to the member personally or by post, except on leave granted by the committee or unless the member is excused by the committee for having been absent from those meetings, or
(e) 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
(f) becomes a mentally incapacitated person, 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.
If the office of any member becomes vacant, a person is, subject to this Act and the regulations, to be elected or appointed to fill the vacancy.
(1) A committee must appoint its own chairperson and deputy chairperson.
(2) In the absence of the chairperson, the deputy chairperson may, if available, act in the place of the chairperson.
(3) While acting in the place of the chairperson, the deputy chairperson has all the functions of the chairperson and is taken to be the chairperson.
(4) The chairperson or deputy chairperson vacates office as chairperson or deputy chairperson if the person ceases to be a member.
(1) If:(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the committee, and(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the committee.
(2) A disclosure by a member at a meeting of the committee that the member:(a) is a member, or is in the employment, of a specified company or other body, or(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded by the committee in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the committee.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the committee otherwise determines:(a) be present during any deliberation of the committee with respect to the matter, or(b) take part in any decision of the committee with respect to the matter.
(5) For the purposes of the making of a determination by the committee under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the committee for the purpose of making the determination, or(b) take part in the making by the committee of the determination.
(6) A contravention of this clause does not invalidate any decision of the committee.
(1) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of a member.
(2) If by or under any Act provision is made:(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or(b) prohibiting the person from engaging in employment outside the duties of that office,the provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.
The quorum for a meeting of a committee is as prescribed by the committee’s foundation regulation.
(1) The person to preside at a meeting of a committee is to be:(a) the chairperson, or(b) in the absence of the chairperson, the deputy chairperson, or(c) in the absence of both the chairperson and the deputy chairperson, a member appointed by the members present at the meeting.
(2) The person presiding has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of a committee at which a quorum is present is a decision of the committee.
(1) A committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the committee for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the committee.
(2) The committee may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
(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 chairperson and each member have the same voting rights as they have at an ordinary meeting of the committee.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the committee.
(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
A committee is to cause full and accurate minutes to be kept of the proceedings of its meetings.
The Minister may convene the first meeting of a committee at such time and place, and in such manner, as the Minister thinks fit.