New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 10 (4))
In this Schedule:
"Chairperson" means the Chairperson of the Council.
"member" means a member of the Council.
(1) The Minister may, from time to time, appoint a person to be the deputy of a member, and may revoke any such appointment.
(2) In the absence of a member, the member’s deputy may, if available, act in the place of the member.
(3) While acting in the place of a member, the deputy has all the functions of the member and is taken to be a member.
(4) This clause does not operate to confer on the deputy of a member who is the Chairperson the member’s functions as Chairperson.
Subject to this Schedule, a member holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
A member (other than a person employed in or by a government agency) is entitled to be paid such allowances as the Minister may from time to time determine in respect of the member.
(1) The office of a 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 Minister, or(d) is removed from office by the Minister under this clause, or(e) absents himself or herself from 4 consecutive meetings of the Council of which reasonable notice has been given to the member personally or in the ordinary course of post, unless:(i) the Council has granted the member leave to be absent from those meetings, or(ii) within 4 weeks after the last of those meetings, the member is excused by the Council 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 member from office at any time.
If the office of a member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) The Public Sector Employment and Management Act 2002 does not apply to the appointment of a member, subject to that Act (except Chapter 5).
(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.
(3) The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.
The procedure for the calling of meetings of the Council and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Council.
The quorum for a meeting of the Council is a majority of its members for the time being.
The Minister, or a delegate of the Minister, may attend meetings of the Council and may participate in discussions of the Council, but is not entitled to vote at any such meeting.
(1) The Chairperson or, in the absence of the Chairperson, another member elected to chair the meeting by the members present is to preside at a meeting of the Council.
(2) The person presiding at any meeting of the Council 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 Council at which a quorum is present is the decision of the Council.
(1) The Council may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Council 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 Council.
(2) The Council 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 Council.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Council.
(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 Minister is to call the first meeting of the Council in such manner as the Minister thinks fit.