New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 100)
In this Schedule, "appointed member" means a member of the Board referred to in section 100 (1) (c).
(1) For the purposes of section 100 (3), the Minister may require a body or bodies responsible for nominating a member of the Board to furnish a list of so many nominees as the Minister may specify, from which the Minister may select the nominee to be appointed.
(2) In default by the nominating body or bodies in complying with the requirement, the Minister may appoint such person as the Minister thinks fit.
(3) In furnishing a list of nominees, the body or bodies responsible for the nominations is or are required to have regard to the need to nominate both men and women and persons who have professional experience or demonstrated interest in gender issues in education, the education of children with disabilities, Aboriginal education, the education of children from non-English speaking backgrounds, and in primary as well as secondary education.
The Board at any time is to include (as far as practicable):
(a) members who have professional experience or demonstrated interest in gender issues in education, and
(b) at least one member who has professional experience or demonstrated interest in the education of children with disabilities, and
(c) at least one member who has professional experience or demonstrated interest in Aboriginal education, and
(d) at least one member who has professional experience or demonstrated interest in the education of children from non-English speaking backgrounds.
The Board may appoint, from among its members, a person to be the Deputy President of the Board.
Subject to this Act, an appointed member is to hold office for such period (not exceeding 3 years) as may be specified in the instrument of the member’s appointment, but is eligible (if otherwise qualified) for re-appointment.
(1) The Minister may, from time to time, appoint a person to be an alternative member for an appointed member of the Board.
(2) The alternative members for appointed members are to be appointed by the Minister after consultation with the bodies responsible for nominating those members.
(3) The provisions of this Schedule, with any necessary modifications, are to apply to and in respect of alternative members in the same way as they apply to members.
(4) An alternative member may act in the office of the member for whom he or she is the alternative member during the illness or absence of that member (or a vacancy in the office of that member) and, while so acting, has all the functions of that member and is to be taken to be that member.
An 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.
If the office of any appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) The office of an appointed 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 by the Governor under Part 8 of the Public Sector Management Act 1988 , or(e) is absent from 3 consecutive meetings of the Board of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Board or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Board for being 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, or(i) being a member referred to in section 100 (3) (e)-(h), ceases to hold the qualifications or office necessary for his or her membership.
(2) The Minister may remove an appointed member from office at any time.
(1) A member of the Board who, in terms of any guidelines determined by the Board for the purposes of this clause, 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,is to disclose, as soon as possible after the relevant facts have come to the member’s knowledge, the nature of the interest at a meeting of the Board.
(2) After a member has disclosed the nature of an interest in any matter or thing, the member is not, unless the Minister otherwise determines:(a) to be present during any deliberation of the Board, or take part in any decision of the Board, with respect to that matter, or(b) to exercise any functions under this Act with respect to that thing.
(3) Even though a member contravenes the provisions of this clause, the contravention does not invalidate any decision of the Board or the exercise of any function under this Act.
(1) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of an appointed member.
(2) If by or under any other Act provision is made:(a) requiring a person who is the holder of an 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,that provision does not operate to disqualify the person from holding that office and also the office of a member of the Board or from accepting and retaining any remuneration payable to the person under this Act as a member.
(3) The office of a member of the Board is for the purposes of any Act to be taken not to be an office or place of profit under the Crown.
The procedure for the calling of meetings of the Board and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Board.
The quorum for a meeting of the Board is 12 members.
(1) The President or, in the absence of the President, the Deputy President (or, in the absence of both, another member elected to chair the meeting by the members present) is to preside at a meeting of the Board.
(2) The presiding member at any meeting of the Board has a deliberative vote and, in the event of any equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
The Board is to cause full and accurate minutes to be kept of the proceedings of each meeting of the Board.
In any legal proceedings, proof is not required (until evidence is given to the contrary) of:
(a) the constitution of the Board,
(b) any resolution of the Board,
(c) the appointment of, or the holding of any qualifications or office by, any member of the Board, or
(d) the presence of a quorum at any meeting of the Board.
The Minister is to call the first meeting of the Board in such manner as the Minister thinks fit.