New South Wales Consolidated Acts New South Wales Consolidated Acts(Sections 25B, 25E, 25H, 25K)
(1) The Minister may appoint an appointed member of an advisory council as its Chairperson.
(2) An appointment of an appointed member of an advisory council as its Chairperson may be for a specified or unspecified term, but may be revoked at any time by the Minister in writing for any or no reason.
(3) Such a revocation of appointment as Chairperson of an advisory council does not of itself affect a person’s tenure of office as an appointed member of the advisory council.
(1) The Minister may, from time to time, appoint a person to act in the office of an appointed member of an advisory council during the illness or absence of the member. The person, while so acting, has and may exercise all the functions of the appointed member and is taken to be an appointed member of the council.
(2) Subclause (1) extends to the office and functions of Chairperson of an advisory council, but the Minister may instead appoint another appointed member of the council to act in the office of Chairperson.
(3) The Minister may remove any person from any office to which the person was appointed under this clause at any time for any or no reason.
(4) For the purposes of this clause, a vacancy in the office of an appointed member is taken to be an absence from office of the member.
Subject to this Schedule, an appointed member of an advisory council holds office for such period not exceeding 3 years as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.
A member of an advisory council is entitled to be paid such allowances as the Minister from time to time determines in respect of the member.
(1) The office of an appointed member of an advisory council 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 letter addressed to the Minister, or(d) is removed by the Minister from office under this clause, or(e) is absent from 3 consecutive meetings of the council of which reasonable notice has been given to the member personally or in the ordinary course of post, except 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 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 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.
(2) The Minister may remove an appointed member from office as a member of an advisory council at any time for any or no reason.
(1) If the office of an appointed member of an advisory council becomes vacant, a person is, subject to this Act, required to be appointed to fill the vacancy.
(2) The appointment must be made within 2 months of the office becoming vacant, or such longer time as the Minister considers appropriate in the circumstances.
(1) A member of an advisory council:(a) who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the council, 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 council.
(2) A disclosure by a member of an advisory council at a meeting of the council that the member:(a) is a member, or in the employment, of a specified company or other body, or(b) is a partner, or 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 the 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 this clause.
(3) Particulars of any disclosure made under this clause must be recorded by the members of the advisory council in a book to be 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.
(1) The Public Sector Management Act 1988 does not apply to the appointment of an appointed member of an advisory council. An appointed member is not, as an appointed member, subject to that Act.
(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 a member of an advisory council or from accepting and retaining any remuneration payable to the person under this Act as a member of an advisory council.
(3) The office of appointed member of an advisory council is for the purposes of any Act taken not be an office or place of profit under the Crown.
The procedure for the calling of meetings of an advisory council and the conduct of those meetings of the council is, subject to this Act and the regulations and any directions of the Minister, to be determined by the council. The Minister may give such directions for this purpose as the Minister thinks fit.
An advisory council is required to meet 4 times during each calendar year. However, an advisory council may hold additional meetings as approved by the Minister, and is required to do so as directed by the Minister.
The quorum for a meeting of an advisory council is a majority of its members for the time being.
(1) A meeting of an advisory council is to be chaired by:(a) the Chairperson of the council, or(b) in the absence of the Chairperson (including a person appointed under clause 2 to act as Chairperson), another appointed member of the council elected to chair the meeting by a majority of the members of the council present.
(2) The member chairing any meeting of an advisory council 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 an advisory council at which a quorum is present is the decision of the council.
(1) An advisory council may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the council for the time being. A resolution in writing approved by a majority of those members is taken to be a decision of the council.
(2) An advisory council may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, close-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 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 member have the same voting rights as they have at an ordinary meeting of the council.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the advisory council.
(5) Papers may be circulated among members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
(1) An advisory council must cause full and accurate minutes to be kept of the proceedings of each meeting of the council.
(2) The advisory council is to cause a copy of the minutes of each meeting to be forwarded to the Minister within 21 days after the meeting.
The first meeting of an advisory council is to be called in such manner as the Minister determines.