New South Wales Consolidated Acts

HOME CARE SERVICE ACT 1988 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to the constitution and procedure of the Board

(Section 5 (3))

1 Acting members

(1) The Minister may, from time to time, appoint a person to act in the office of a member of the Board during the illness or absence of the member.

(2) A person while so acting has all the functions of a member of the Board and shall be taken to be a member.

2 Terms of office

Subject to this Schedule, a part-time member of the Board shall hold office for such period not exceeding 3 years as may be specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3 Remuneration

A part-time member of the Board 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.

4 Vacancy in office of Board member

(1) The office of a part-time member of the Board 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 Governor under this clause.

(2) The Governor may remove a member of the Board from office at any time.

5 Filling of vacancy in office of Board member

If the office of any part-time member of the Board becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy.

6 Effect of certain other Acts

(1) The Public Service Act 1979 does not apply to the appointment of a part-time member of the Board and a part-time member is not, as a part-time member of the Board, subject to that Act.

(2) If by or under any other 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 part-time member of the Board or from accepting and retaining any remuneration payable to the person under this Act as such a member.

(3) The office of a member of the Board is not, for the purposes of any Act, an office or place of profit under the Crown.

7 Presiding member

(1) The Director-General shall preside at Board meetings.

(2) In the absence of the Director-General, the members present shall elect one of their number to preside at the meeting.

8 Quorum

(1) The quorum for a meeting of the Board is 6 members.

(2) A part-time member of the Board referred to in section 5 (1A) is to be present at any Board meeting concerning matters relating to the Hostel and Care Program.

9 Voting

(1) 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.

(2) At any meeting, the person presiding has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

10 General procedure

The procedure for the calling of meetings of the Board and for the conduct of business at those meetings shall, subject to this Act and the regulations, be as determined by the Board.