ELECTORAL ACT 2017 - SCHEDULE 1
ELECTORAL ACT 2017 - SCHEDULE 1
SCHEDULE 1 – Provisions relating to Electoral Commission
(Section 9 (3))
1 Definitions
In this Schedule--
"appointed member" means a member of the Electoral Commission (other than the
Electoral Commissioner).
"Chairperson" means the Chairperson of the Electoral Commission.
"deputy" means a deputy of an appointed member appointed under this Schedule.
"member" means a member of the Electoral Commission.
2 Persons not eligible for appointment
(1) A person is not eligible for appointment as an appointed member if the person is (or was at any time during the period of 5 years immediately preceding the proposed appointment) any of the following--(a) a member or officer of a party,(b) a member of any legislature (in Australia or in any other country) or a candidate for election as such a member,(c) a councillor or mayor of a council, or the chairperson or a member of a county council, under the Local Government Act 1993 or a candidate for election to such an office,(d) a party agent or official agent under the Electoral Funding Act 2018 .
(2) A person who is a member of a public authority constituted by an Act or of the governing body of any such public authority is also not eligible for appointment as an appointed member.
3 Terms of office of appointed members
Subject to this Schedule, an appointed member holds office for such period (not exceeding 7 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
4 Part-time appointments
Appointed members hold office as part-time members.
5 Deputies of appointed members
(1) The Governor may, from time to time, appoint a person to be the deputy of an appointed member, and may revoke any such appointment.
(2) The deputy of an appointed member must be a person who is eligible for appointment as the appointed member.
(3) In the absence of an appointed member, the appointed member's deputy may, if available, act in the place of the appointed member.
(4) While acting in the place of an appointed member, a person has all the functions of the member and is taken to be a member.
(5) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the appointed member.
6 Remuneration of appointed members and deputies
An appointed member or deputy 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 or deputy.
7 Vacancy in office of appointed member and deputies
(1) The office of an appointed member or deputy becomes vacant if the member or deputy--(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 Governor, or(d) is removed from office by the Governor under clause 8 (in relation to an appointed member) or clause 5 (in relation to a deputy), or(e) in the case of an appointed member, is absent from 3 consecutive meetings of the Electoral Commission of which reasonable notice has been given to the member personally or by post, except on leave granted by the Governor or unless the deputy of the member was present at any or all of 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) is imprisoned in respect of a conviction for an offence punishable in New South Wales by imprisonment or for an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence so punishable, or(j) becomes a person who is not eligible to be appointed as the appointed member or deputy.
(2) Section 47 (1) (b) of the Interpretation Act 1987 does not apply to, or to the office of, an appointed member.
8 Suspension and removal from office of appointed members
An appointed member may be suspended from office by the Governor for misbehaviour or incompetence, but cannot be removed from office except in the following manner--
(a) the Minister is to cause to be laid before each House of Parliament a full statement of the grounds of suspension within 7 sitting days of that House after the suspension,
(b) an appointed member suspended under this clause is restored to office by force of this Act unless each House of Parliament at the expiry of the period of 21 sitting days from the day when the statement was laid before that House declares by resolution that the appointed member ought to be removed from office,
(c) if each House of Parliament does so declare within the relevant period of 21 sitting days, the appointed member is to be removed from office by the Governor accordingly.
9 Filling of vacancy in office of appointed member
If the office of any appointed member becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
10 Disclosure of pecuniary interests
(1) If--(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Electoral Commission, and(b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter,the member 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 Electoral Commission.
(2) A disclosure by a member at a meeting of the Electoral Commission 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 that may arise after the date of the disclosure and that is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded by the Electoral Commission 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 Electoral Commission.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Electoral Commission otherwise determines--(a) be present during any deliberation of the Electoral Commission with respect to the matter, or(b) take part in any decision of the Electoral Commission with respect to the matter.
(5) For the purposes of the making of a determination by the Electoral Commission under subclause (4), a member 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 Electoral Commission for the purpose of making the determination, or(b) take part in the making by the Electoral Commission of the determination.
(6) A contravention of this clause does not invalidate any decision of the Electoral Commission.
11 Effect of certain other Acts
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to an appointed member.
(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 a member.
12 Personal liability
(1) A matter or thing done or omitted to be done by the Electoral Commission, a member of the Electoral Commission or a person acting under the direction of the Electoral Commission does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.
(2) However, any such liability attaches instead to the Crown.
13 General procedure
The procedure for the calling of meetings of the Electoral Commission and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Electoral Commission.
14 Quorum
The quorum for a meeting of the Electoral Commission is 2 members (one of whom is the Chairperson or the deputy of the Chairperson).
15 Presiding member
(1) The Chairperson (or, in the absence of the Chairperson, the deputy of the Chairperson) is to preside at a meeting of the Electoral Commission.
(2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
16 Voting
A decision supported by a majority of the votes cast at a meeting of the Electoral Commission at which a quorum is present is the decision of the Electoral Commission.
17 Transaction of business outside meetings or by telephone etc
(1) The Electoral Commission may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Electoral Commission 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 Electoral Commission made at a meeting of the Electoral Commission.
(2) The Electoral Commission may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone or other electronic 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 other member have the same voting rights as they have at an ordinary meeting of the Electoral Commission.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Electoral Commission.
(5) Papers may be circulated among the members for the purposes of subclause (1) by electronic means.