New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 6 (2))
In this Schedule, "prescribed person" means:
(a) a trustee,
(b) a person acting in the office of a trustee pursuant to clause 4 (1), or
(c) a member of a committee established under section 8 (7).
Subject to this Schedule, a trustee shall hold office for such period not exceeding 5 years as may be specified in the instrument of appointment of the trustee, but is eligible for re-appointment.
(1) A prescribed person who is a public servant is not, as a prescribed person, subject to the provisions of the Public Service Act 1979 .
(2) Where by or under any other Act provision is made requiring a person who is the holder of an office specified therein to devote the whole of his or her time to the duties of that office, or prohibiting the person from engaging in employment outside the duties of that office, that provision shall not operate to disqualify the person from holding that office and also the office of a prescribed person or from accepting and retaining any remuneration payable to the person under this Act as a prescribed person.
(3) The office of a prescribed person shall for the purposes of any Act be deemed not to be an office or place of profit under the Crown.
(1) The Minister may, from time to time, appoint a person to act in the office of a trustee during the illness or absence of the trustee, and the person, while so acting, shall have and may exercise all the functions of the trustee.
(2) The Minister may remove any person from the office to which the person was appointed under subclause (1).
(3) For the purposes of this clause a vacancy in the office of a trustee shall be deemed to be an absence from office of the trustee.
A prescribed person shall, if the Minister thinks fit, be paid:
(a) where the person is an officer or temporary employee, within the meaning of the Public Service Act 1979 (not being an officer or temporary employee of the Department of Agriculture)-such travelling and subsistence allowances, and
(b) where the person is not an officer or temporary employee, within the meaning of that Act-such remuneration (including travelling and subsistence allowances),as the Minister may from time to time determine in respect of the person.
The Minister may remove a trustee from office.
A trustee shall be deemed to have vacated office if the trustee:
(a) resigns the office by instrument in writing addressed to the Minister,
(b) absents himself or herself 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 being absent from the meetings, unless the absence is occasioned by illness or other unavoidable cause, or
(c) is removed from office by the Minister under clause 6.
(1) For the purposes of this clause, a trustee shall not be considered to have ceased to be a trustee by reason only of his or her term of office as a trustee having expired if the trustee is re-appointed by the Minister as a trustee for a term commencing immediately after the date on which that term of office expires.
(2) The Chairman of the Trust shall be such trustee as the Minister nominates in writing as Chairman.
(3) A Chairman holds office until the nomination of his or her successor under this clause or until he or she ceases to be a trustee, whichever first occurs.
(4) At a meeting of the Trust:(a) the Chairman, or(b) in the absence of the Chairman or if it is a meeting held when no person holds the office of Chairman-a chairman elected by trustees present at the meeting from among their number,shall preside.
(1) In this clause, a reference to a trustee includes a reference to a person acting in the office of a trustee pursuant to clause 4 (1).
(2) The procedure for the calling of meetings of the Trust and for the conduct of business at those meetings shall, subject to this Schedule and any regulation, be as determined by the Trust.
(3) The Minister shall call the first meeting of the Trust by giving notice to the trustees in such manner as the Minister thinks fit.
(4) Four 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.
(5) The person presiding at a meeting of the Trust shall have a deliberative vote and, in the event of an equality of votes, shall have a second or casting vote.
(6) A decision supported by a majority of the votes cast by the trustees present and voting at a meeting of the Trust at which a quorum is present shall be the decision of the Trust.
The secretary to the Trust shall cause full and accurate minutes to be kept of the proceedings of each meeting of the Trust.