New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 7 (5))
In this Schedule:
"appointed member" means a member of the Authority other than the
Chief Executive.
(1) The appointment of an appointed member may be on a full-time or part-time basis.
(2) A full-time appointed member must devote the whole of his or her time to the duties of the office of a full-time member of the Authority.
(1) Subject to this Schedule, an appointed member holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment.
(2) The periods for which appointed members are appointed must be such that at any time at least 2 of the appointed members have no more than 3 years of a term of office remaining.
(3) An appointed member is eligible to be reappointed.
(1) A full-time appointed member is (subject to subclause (2)) entitled to be paid remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975 and such travelling and subsistence allowances as the Minister may from time to time determine in respect of the member.
(2) A full-time appointed member who is a Judge is not, while receiving salary or allowance as a Judge, entitled to remuneration under this Act.
(3) A part-time appointed 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) The appointment of a person who is the holder of a judicial office as a member or deputy member, or service by a person who is the holder of a judicial office as a member or deputy member, does not affect the person’s tenure of that judicial office or the person’s rank, title, status, precedence, salary, allowances or other rights or privileges as the holder of that judicial office.
(2) For all purposes, the person’s service as a member or deputy member is to be taken to be service as the holder of that judicial office.
(3) In this clause, "judicial office" means an office of Judge.
(1) The Minister may, from time to time, appoint a person to be the deputy of an appointed member, and the Minister may revoke any such appointment.
(2) Section 14 applies to the position of deputy of a member.
(3) In the absence of an appointed member, the member’s deputy:(a) may, if available, act in the place of the member, and(b) while so acting, has all the functions of the member and is to be regarded as a member.
(4) A person appointed as the deputy of an appointed member may perform such other functions as the Minister may determine.
(5) The deputy of an appointed member who is also Chairperson or Deputy Chairperson does not have the member’s functions as Chairperson or Deputy Chairperson.
(6) A person while acting in the place of an appointed member, or while performing any function under subclause (4), 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 person.
(7) A person may, but need not, be appointed to the position of deputy of a member for a period specified in the person’s instrument of appointment.
(8) The position of deputy of a member becomes vacant if the deputy:(a) dies, or(b) if appointed for a period, completes a term in the position and is not reappointed, or(c) resigns the position by instrument in writing addressed to the Minister, or(d) is removed from the position by revocation of the appointment under this clause, 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 which is punishable by imprisonment for 12 months or more 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.
(1) The office of an appointed member becomes vacant if the member:(a) dies, or(b) completes a term of office and is not reappointed, or(c) resigns the office by instrument in writing addressed to the Minister, or(d) is removed from office by the Governor under this clause or under Chapter 5 of the Public Sector Employment and Management Act 2002 , or(e) in the case of a part-time appointed member, is absent from 4 consecutive meetings of the Authority of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Authority or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Authority 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 which is punishable by imprisonment for 12 months or more 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.
(2) The Governor may remove an appointed member from office at any time.
If the office of an appointed member becomes vacant, a person may, subject to this Act, be appointed to fill the vacancy.
(1) The office of Chairperson becomes vacant if the Chairperson:(a) resigns the office by instrument in writing addressed to the Minister, or(b) is removed from that office by the Governor under this clause, or(c) ceases to be an appointed member.
(2) The Governor may remove the Chairperson from office at any time.
(1) A member of the Authority:(a) who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Authority, and(b) whose interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,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 Authority.
(2) A disclosure by a member of the Authority at a meeting of the Authority 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 this clause.
(3) Particulars of any disclosure made under this clause must be recorded by the members of the Authority 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 members of the Authority.
(4) After a member of the Authority has disclosed the nature of an interest in any matter, the member must not, unless the other members of the Authority otherwise determine:(a) be present during any deliberation of the Authority with respect to the matter, or(b) take part in any decision of the Authority with respect to the matter.
(5) For the purposes of the making of a determination by the members of the Authority under subclause (4), a member of the Authority 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 other members of the Authority for the purpose of making the determination, or(b) take part in the making by the other members of the Authority of the determination.
(6) A contravention of this clause does not invalidate any decision of the Authority.
(7) A reference in this clause to a meeting of the Authority includes a reference to a meeting of a committee of the Authority.
(1) The Public Sector Employment and Management Act 2002 does not apply to the appointment of an appointed member and an appointed member is not, as such 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 an appointed member or from accepting and retaining any remuneration payable to the person under this Act as an appointed member.
(3) The office of a part-time appointed member is not, for the purposes of any Act, an office or place of profit under the Crown.
In any legal proceedings, proof is not required (until evidence is given to the contrary) of:
(a) the constitution of the Authority, or
(b) any resolution of the Authority, or
(c) the appointment of, or holding of office by, any member of the Authority, or
(d) the presence or nature of a quorum at any meeting of the Authority.
The procedure for the calling of meetings of the Authority and for the conduct of business at those meetings is, subject to this Act, to be as determined by the Authority.
The quorum for a meeting of the Authority is a majority of its members.
(1) The Chairperson or, in the absence of the Chairperson, the Deputy Chairperson, is to preside at a meeting of the Authority.
(2) In the absence of both the Chairperson and the Deputy Chairperson, another member elected to chair the meeting by the members present is to preside at a meeting of the Authority.
(3) The person presiding at any meeting of the Authority 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 Authority at which a quorum is present is the decision of the Authority.
(1) The Authority may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Authority for the time being, and a resolution in writing approved in writing by a majority of those members is to be regarded as a decision of the Authority.
(2) The Authority 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 purpose 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 Authority.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Authority.
(5) Papers may be circulated among members for the purposes of subclause (1) by facsimile, email or other transmission of the information in the papers concerned.
The Authority must cause full and accurate minutes to be kept of the proceedings of each meeting of the Authority.
The Minister may call the first meeting of the Authority in such manner as the Minister thinks fit.