New South Wales Consolidated Acts New South Wales Consolidated ActsThe members must include:
(a) at least 1 person who has knowledge of, or experience in, education, and
(b) at least 1 person who has knowledge of, or experience in, local government.
(1) In the case of the illness or absence of any member the Minister may appoint a person as a deputy to act in the place of the member during the member’s illness or absence.
(2) A deputy appointed under this clause shall, while acting as a deputy, have all the powers and authorities of a member.
(3) A deputy appointed under this clause may, if the Minister thinks fit, be paid such travelling and subsistence allowances as the Minister may determine from time to time.
(4) No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a person to act in the place of a member, or as to the necessity or propriety of any appointment of a deputy; and all acts and things done or omitted by a deputy when so acting shall be as valid and shall have the same consequences as if they had been done or omitted by the member for whom the deputy is acting.
(1) Subject to subclause (3), a member shall hold office for such period, not exceeding 3 years, as is specified in the member’s instrument of appointment.
(3) Where there is a vacancy in the office of a member caused otherwise than by the expiration of the member’s term of office, the Governor may appoint a person to fill the vacant office, for the residue of the term of office of the member’s predecessor, so that the Council is constituted as provided by clause 1 (1).
(4) A member whose term of office expires may, if otherwise eligible, be re-appointed as a member.
(5) A member is not to hold office for 4 consecutive terms.
(5A) For the purposes of subclause (5) only, an appointment under subclause (3) does not constitute (and is taken never to have constituted) an appointment for a term of office.
The provisions of the Public Sector Employment and Management Act 2002 (other than Chapter 5) do not apply to or in respect of the appointment of a member and a member is not, in the member’s capacity as a member, subject to the provisions of that Act during the member’s term of office.
A member shall, in the member’s capacity as a member, be paid such travelling and subsistence allowances as the Minister from time to time determines in respect of that member.
The Governor may, for any cause which to the Governor seems sufficient, remove a member from office.
A member shall be deemed to have vacated the member’s office if the member:
(a) dies,
(b) resigns the member’s office by writing under the member’s hand addressed to the Minister,
(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member’s creditors or makes an assignment of the member’s salary, or estate, for their benefit,
(d) becomes a mentally incapacitated person,
(e) is absent from three consecutive ordinary meetings of the Council of which notice has been given to the member personally or in the ordinary course of post and is not before the expiration of six weeks after the latest of those meetings excused by the Council for the member’s absence from the meetings,
(g) is removed from office by the Governor, or
(1) The President of the Council shall be such member as the Minister nominates as President of the Council.
(2) The members may nominate one of their number as Deputy President of the Council.
(3) The President and Deputy President hold office until successors are nominated under this clause or until they cease to be members, whichever first occurs.
(4) At a meeting of the Council:(a) the President,(b) in the absence of the President, the Deputy President (if any), or(c) in the absence of the President and Deputy President, another member elected to chair the meeting by the members present,shall preside.
(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 Council, 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 Council.
(2) A disclosure by a member at a meeting of the Council 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 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 Council 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 Council.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Council otherwise determines:(a) be present during any deliberation of the Council with respect to the matter, or(b) take part in any decision of the Council with respect to the matter.
(5) For the purposes of the making of a determination by the Council 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 Council for the purpose of making the determination, or(b) take part in the making by the Council of the determination.
(6) A contravention of this clause does not invalidate any decision of the Council.
(7) This clause applies to a member of a committee of the Council and the committee in the same way as it applies to a member of the Council and the Council.
(1) The procedure for the calling of meetings of the Council and the conduct of business at those meetings shall, subject to this Schedule and any regulation, be as determined by the Council.
(2) Five members constitute a quorum for the purposes of any meeting of the Council.
(3) Any duly convened meeting of the Council at which a quorum is present is competent to transact any business of the Council and the decision of the majority of the members present at a meeting of the Council at which a quorum is present is a decision of the Council.
(4) Questions arising at a meeting of the Council shall be determined by a majority of votes of the members present and voting.
(5) Where there is an equality of votes at a meeting of the Council, the member presiding at the meeting has a casting vote in addition to a deliberative vote.
The secretary to the Council:
(a) shall cause minutes of each meeting of the Council to be recorded and preserved, and
(b) is entitled to be present at each meeting of the Council and to be heard by the Council on any matter considered by the Council.
The common seal of the Council shall be kept by the secretary to the Council and shall only be affixed to an instrument or document in the presence of:
(a) the President, or
(b) any two members,and the secretary to the Council with an attestation by the signatures of the persons present as required by this clause of the fact and date of the affixing of the seal.
(1) The Council may, if it thinks fit, transact any of its business by the circulation of papers among all the members 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 Council.
(2) The Council may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-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 President 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 Council.
(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.