New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 12A)
In this Schedule:
"Chairperson" means the Chairperson of the Working Group.
"member" means any member of the Working Group.
"Ministerial appointee" means a person who is appointed by the Minister as a
member of the Working Group.
Subject to this Schedule and the regulations, a Ministerial appointee holds office for such period (not exceeding 2 years) as is specified in his or her instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
Ministerial appointees hold office as part-time members.
A Ministerial appointee 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 appointee.
(1) The office of a Ministerial appointee becomes vacant if the appointee:(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 Minister, or(d) is removed from office by the Minister under this clause or by the Governor under Chapter 5 of the Public Sector Employment and Management Act 2002 , or(e) is absent from 3 consecutive meetings of the Working Group of which reasonable notice has been given to the appointee personally or by post, except on leave granted by the Director-General or unless the appointee is excused by the Director-General for having been absent from those meetings, 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) becomes a mentally incapacitated person, or(h) 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) The Minister may remove a Ministerial appointee from office at any time.
If the office of a Ministerial appointee becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.
(1) If:(a) a member has a direct or indirect pecuniary interest or other interest in a matter being considered or about to be considered at a meeting of the Working Group, 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 Working Group.
(2) A disclosure by a member at a meeting of the Working Group 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 that may arise after the date of the disclosure and that is required to be disclosed under subclause (1).
(3) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Working Group otherwise determines:(a) be present during any deliberation of the Working Group with respect to the matter, or(b) take part in any decision of the Working Group with respect to the matter.
(4) For the purposes of the making of a determination by the Working Group under subclause (3), a member who has a direct or indirect pecuniary interest or other interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Working Group for the purpose of making the determination, or(b) take part in the making by the Working Group of the determination.
(5) Subclauses (1) and (3) do not apply to an interest that the member has as:(a) a member of any local government agency, or(b) an office bearer of any statutory body, or(c) a member of the Public Service or an employee of a statutory body.
(6) A contravention of this clause does not invalidate any decision of the Working Group.
(7) This clause applies to a member of a committee of the Working Group and the committee in the same way as it applies to a member of the Working Group and the Working Group.
(1) Chapter 2 of the Public Sector Employment and Management Act 2002 does not apply to or in respect of the appointment of a Ministerial appointee.
(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 Ministerial appointee or from accepting and retaining any remuneration payable to the person under this Act as a Ministerial appointee.
The procedure for the calling of meetings of the Working Group and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Working Group.
The quorum for a meeting of the Working Group is 4 members, of whom one is to be the Chairperson.
(1) At any meeting of the Working Group, the Chairperson is to preside.
(2) The Chairperson 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 the Working Group at which a quorum is present is the decision of the Working Group.
(1) The Working Group may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Working Group 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 Working Group.
(2) The Working Group 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 Working Group.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Working Group.
(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.
The Working Group must keep minutes of proceedings at its meetings.
The Minister may call the first meeting of the Working Group in such manner as the Minister thinks fit.