New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 10)
(1) A member shall, subject to this Act, be appointed for such term, not exceeding 4 years, as is specified in the instrument of the member’s appointment.
(2) A member shall, if otherwise qualified, be eligible for re-appointment from time to time for such term, not exceeding 4 years, as is specified in the instrument of the member’s re-appointment.
(1) Where, by or under any Act, provision is made requiring the holder of an office specified therein to devote the whole of the person’s time to the duties of the person’s office, that provision shall not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration, travelling or subsistence allowance payable to a member under clause 4.
(2) The office of a member shall not, for the purposes of any Act, be deemed to be an office or place of profit under the Crown.
Each 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 Minister may appoint any person to act in the office of a member while the member is absent from the member’s office through illness or any other cause, and that person while so acting:(a) shall have and may exercise the functions of the member in whose office the person is appointed to act, and(b) shall be deemed to be the member.
(2) A member is, for the purposes of subclause (1) of this clause, deemed to be absent from the member’s office if there is a vacancy in that office which has not been filled in accordance with clause 8.
(3) No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a person to act in the office of a member, and all things done or omitted to be done by that person while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted to be done by that member.
(1) A deputy chairperson of the Committee shall be elected by the members at the first meeting held after 1 January in each year, or whenever there is a vacancy in the office of the deputy chairperson, and the deputy chairperson shall hold office until the first meeting in the year following that in which the deputy chairperson was elected.
(2) A deputy chairperson is eligible for re-election from time to time.
(3) Where the chairperson is absent from office through illness or any other cause the deputy chairperson shall act as the chairperson.
(4) Where a member who is deputy chairperson is absent from office through illness or any other cause the Minister may appoint some other member to act as deputy chairperson during that absence.
(1) A member shall be deemed to have vacated the office of member:(a) if the member dies,(b) if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s remuneration, allowances or estate for their benefit,(c) if the member is absent from 4 consecutive ordinary meetings of the Committee of which reasonable notice has been given to the member, either personally or in the ordinary course of post, unless on leave granted by the Minister or, unless before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for the member’s absence from those meetings,(d) if the member 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) if he or she is convicted in New South Wales of an indictable 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,(f) if the member resigns the member’s office by writing under the member’s hand addressed to the Minister,(g) if the member declines office, or(h) if the member is removed from office by the Minister.
(2) The Minister may, for any cause which to the Minister seems sufficient, remove any member from office.
(1) On the occurrence of a vacancy in the office of a member, the Minister may appoint a person to the vacant office for the balance of the member’s predecessor’s term of office.
(2) A person appointed under subclause (1) of this clause shall be a person who holds the same qualifications, and is nominated in the same manner, if any, as the member whose office has become vacant was qualified and nominated.
The number of members which shall constitute a quorum at any meeting of the Committee is 5, of whom one shall be the chairperson or the deputy chairperson.
(1) Any duly convened meeting of the Committee at which a quorum is present shall be competent to transact any business of the Committee.
(2) Questions arising at a meeting of the Committee shall be determined by a majority of votes of the members present and voting.
(3) The chairperson shall preside at all meetings of the Committee at which the chairperson is present.
(4) If the chairperson is not present at a meeting of the Committee, the deputy chairperson shall preside.
(5) The person presiding at a meeting of the Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
The Committee shall cause full and accurate minutes to be kept of its proceedings at meetings, and submit to the Minister a copy of the minutes of each meeting within 14 days after the date on which the meeting is held.
The procedure for the calling of, and for the conduct of business at, meetings of the Committee shall, subject to any procedure that is specified in this Act or is prescribed, be as determined by the Committee.
(1) No matter or thing done, and no contract entered into, by the Committee, and no matter or thing done by a member or by any other person acting under the direction or as delegate of the Committee shall, if the matter or thing was done, or the contract was entered into, in good faith for the purposes of executing this Act, subject the member or person personally to any action, liability, claim or demand.
(2) Nothing in subclause (1) of this clause exempts any member or other person from liability to be surcharged with the amount of any payment which is disallowed by the Auditor-General in the accounts of or relating to the Committee and which the member or other person authorised or joined in authorising.
In proceedings by or against the Committee no proof shall be required (until evidence is given to the contrary) of:
(a) the constitution of the Committee,
(b) any resolution of the Committee,
(c) the appointment of any member, or
(d) the presence of a quorum at any meeting of the Committee.