New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 6 (2))
(1) If, owing to his or her illness or absence, a trustee is unable to act as a trustee, the Minister may appoint a person to act in the place of the trustee during his or her illness or absence.
(2) A deputy appointed under this clause has, while acting as such a deputy, the powers, authorities, duties and functions of a trustee.
(3) No person shall be concerned to inquire whether any occasion has arisen requiring or authorising a person to act in the place of a trustee or as to the necessity for, or propriety of, any appointment of a deputy for a trustee, and all acts and things done or omitted by a deputy when so acting have the same consequences as they would have if done or omitted by the trustee for whom the deputy is acting.
(1) Unless the trustee earlier vacates his or her office, a trustee holds office for such period, not exceeding 3 years, as is specified in the instrument of his or her appointment but the trustee may be appointed for more than one term of office.
(2) On the occurrence of a vacancy in the office of a trustee otherwise than by the expiration of his or her term of office, the Governor may appoint a person to hold that office for the balance of his or her predecessor’s term of office, being a person nominated in the same manner as that predecessor.
(2A) For the purposes of subclause (3) only, an appointment under subclause (2) does not constitute (and is taken never to have constituted) an appointment for a term of office.
(3) A trustee is not to hold office for 4 consecutive terms.
The Public Sector Employment and Management Act 2002 (Chapter 5 excepted) does not apply to or in respect of the appointment of a trustee and a trustee is not, in his or her capacity as a trustee, subject to that Act during his or her term of office.
A trustee, a deputy for a trustee and a member of a committee established under Part 2 who is not a trustee are each entitled to be paid such remuneration (including travelling and sustenance allowances) as the Minister may from time to time determine in respect of each of them.
The Governor may, for any cause that to the Governor seems sufficient, remove a trustee from office.
A trustee vacates his or her office if the trustee:
(a) dies,
(b) resigns his or her office by writing under his or her hand addressed to the Minister and the Minister accepts the resignation,
(c) 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 or estate for their benefit,
(d) becomes a mentally incapacitated person,
(e) except on leave granted by the Trust, is absent from 3 consecutive ordinary meetings of the Trust of which notice has been given to the trustee personally or in the ordinary course of post and is not before the expiration of 6 weeks after the latest of those meetings excused by the Trust for his or her absence from the meetings,
(f) is removed from office by the Governor, or
(1) The Chairperson of the Trust shall be such trustee as the Minister nominates as Chairperson.
(2) A Chairperson of the Trust holds office until his or her successor is nominated by the Minister or until he or she ceases to be a trustee, whichever first occurs.
(3) For the purposes of subclause (2) of this clause, a trustee does not cease to be a trustee upon the expiration of his or her term of office if he or she is re-appointed as a trustee for a term commencing immediately after the expiration of his or her last preceding term of office.
(4) At a meeting of the Trust:(a) the Chairperson, or(b) in the absence of the Chairperson or if it is a meeting held when the office of Chairperson is vacant-a chairperson elected by the trustees present at the meeting from among their number,shall preside.
(1) If:(a) a trustee has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Trust, and(b) the interest appears to raise a conflict with the proper performance of the trustee’s duties in relation to the consideration of the matter,the trustee must, as soon as possible after the relevant facts have come to the trustee’s knowledge, disclose the nature of the interest at a meeting of the Trust.
(2) A disclosure by a trustee at a meeting of the Trust that the trustee:(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 which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded by the Trust 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 Trust.
(4) After a trustee has disclosed the nature of an interest in any matter, the trustee must not, unless the Trust otherwise determines:(a) be present during any deliberation of the Trust with respect to the matter, or(b) take part in any decision of the Trust with respect to the matter.
(5) For the purposes of the making of a determination by the Trust under subclause (4), a trustee 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 Trust for the purpose of making the determination, or(b) take part in the making by the Trust of the determination.
(6) A contravention of this clause does not invalidate any decision of the Trust.
(7) This clause applies to a member of a committee of the Trust and the committee in the same way as it applies to a trustee of the Trust and the Trust.
(1) The procedure for convening meetings of the Trust and for the conduct of business at those meetings shall, subject to this Schedule and the regulations, be as determined by the Trust.
(2) The first meeting of the Trust shall be convened by the Minister giving to the trustees such notice as he or she thinks fit.
(3) Five trustees shall form a quorum and any duly convened meeting of the Trust at which a quorum is present is competent to transact any business of the Trust.
(4) In the event of an equality of votes at a meeting of the Trust, the trustee presiding has a casting vote in addition to a deliberative vote.
(5) A decision supported by a majority of the votes cast at a meeting of the Trust at which a quorum is present is a decision of the Trust.
(6) Proceedings at a meeting of the Trust are not invalidated by the discovery of a defect in the appointment of a trustee.
(1) The Trust may, if it thinks fit, transact any of its business by the circulation of papers among all the trustees for the time being, and a resolution in writing approved in writing by a majority of those trustees is taken to be a decision of the Trust.
(2) The Trust may, if it thinks fit, transact any of its business at a meeting at which trustees (or some trustees) participate by telephone, closed-circuit television or other means, but only if any trustee who speaks on a matter before the meeting can be heard by the other trustees.
(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 trustee have the same voting rights as they have at an ordinary meeting of the Trust.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Trust.
(5) Papers may be circulated among the trustees for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The Director:
(a) shall cause minutes of each meeting of the Trust to be recorded and preserved,
(b) is entitled to be present at each meeting of the Trust and to be heard on any matter considered by the Trust, and
(c) is a member, ex officio, of each committee of the Trust.