New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 7 (4))
(1) The governor referred to in section 7 (3) (a) shall be the Chairperson of the Board.
(2) The nominated governors shall elect from among their number, when required and in the manner prescribed by the by-laws:(a) a Deputy Chairperson of the Board, and(b) a Treasurer of the Institute.
(3) A person who holds the office of Deputy Chairperson or Treasurer shall be deemed to have vacated that office if the person:(a) is removed from that office by the Board under subclause (4),(b) resigns that office by instrument in writing addressed to the Board, or(c) ceases to be a governor.
(4) The Board may remove a person from the office of Deputy Chairperson or Treasurer.
(1) The Governor may, from time to time, appoint a person to act in the office of a governor during the illness or absence of the governor if the person so appointed has the same qualifications as were required by section 7 (3) of the governor and the person, while so acting, shall have and may exercise all the functions of the governor and shall be deemed to be a governor.
(2) The Governor may remove any person from the office to which the person was appointed under subclause (1).
(3) The Deputy Chairperson shall, during the illness or absence of the Chairperson, act in the office of the Chairperson and shall have and may exercise all the functions of the Chairperson and shall be deemed to be the Chairperson.
(4) The Board may, from time to time, appoint a nominated governor to act in the office of the Deputy Chairperson or Treasurer during the illness or absence of the Deputy Chairperson or Treasurer, as the case may be, and the nominated governor, while so acting, shall have and may exercise all the functions of the Deputy Chairperson or Treasurer and shall be deemed to be the Deputy Chairperson or Treasurer, as the case requires.
(5) The Board may remove any person from any office to which the person was appointed under subclause (4).
(6) For the purposes of this clause:(a) a vacancy in the office of a governor, the Chairperson, the Deputy Chairperson or the Treasurer shall be deemed to be an absence from that office, and(b) the Deputy Chairperson shall be deemed to be absent from office as Deputy Chairperson during any period that the Deputy Chairperson acts in the office of Chairperson under subclause (3).
Subject to this Schedule, a nominated governor shall hold office for such period not exceeding 3 years as may be specified in the instrument of appointment of the governor, but is eligible (if otherwise qualified) for re-appointment.
If the office of any governor becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy.
(1) A governor shall be deemed to have vacated office if the governor:(a) dies,(b) absents himself or herself from 3 consecutive ordinary meetings of the Board of which reasonable notice has been given to the governor personally or in the ordinary course of post and the governor is not before the expiration of 6 weeks after the last of those meetings excused by the Board for being absent from those meetings, unless the absence is occasioned by illness or other unavoidable cause,(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 for their benefit,(d) becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act,(e) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or upwards, or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable,(f) resigns the office by instrument in writing addressed to the Chairperson or, in the case of the Chairperson, to the Minister, or(h) is removed from office by the Governor under subclause (2) or (3).
(2) The Governor may remove a governor from office.
(3) Without affecting the generality of subclause (2), the Governor may remove from office a governor who contravenes the provisions of clause 7.
(1) A governor who has a direct or indirect pecuniary interest:(a) in a matter that is being considered, or is about to be considered, at a meeting of the Board, or(b) in a thing being done or about to be done by the Board,shall, as soon as possible after the relevant facts have come to the governor’s knowledge, disclose the nature of the interest at a meeting of the Board.
(2) A disclosure by a governor at a meeting of the Board that the governor:(a) is a member, or is in the employment, of a specified company or other body,(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 a specified person,shall be deemed to be a sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure.
(3) The Board shall cause particulars of any disclosure made under subclause (1) or (2) to be recorded in a book kept for the purpose and that book shall be open at all reasonable hours to the inspection of any person on payment of such fee as may be determined by the Board from time to time.
(4) After a governor has, or is deemed to have, disclosed the nature of an interest in any matter or thing pursuant to subclause (1) or (2), the governor shall not, unless the Board (in the absence of the governor) otherwise determines:(a) be present during any deliberation of the Board, or take part in any decision of the Board, with respect to that matter, or(b) exercise any functions under this Act with respect to that thing,as the case requires.
(5) Notwithstanding that a governor contravenes the provisions of this clause, that contravention does not invalidate any decision of the Board or the exercise of any function under this Act.
(6) Nothing in this clause applies to or in respect of an interest of a governor in a matter or thing which arises by reason only that the governor is a medical practitioner.
(7) A reference in this clause to a meeting of the Board includes a reference to a meeting of a committee of the Board.
(1) The Public Service Act 1979 does not apply to or in respect of the appointment of a governor and a governor is not, as a governor, subject to that Act.
(2) Where by or under any other Act provision is made 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 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 governor.
(3) The office of a governor shall for the purposes of any Act be deemed not to be an office or place of profit under the Crown.
No matter or thing done by the Board, any governor or any person acting under the direction of the Board shall, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject a governor or a person so acting personally to any action, liability, claim or demand whatever.
A person appointed as a governor under section 7 (3) (c) or (d) and holding office as such immediately before the commencement of the amendment made to section 7 (3) by the Statute Law (Miscellaneous Provisions) Act 2004 is taken to have been appointed under that section as so amended.