New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 6 (4))
(2) The office of a member appointed pursuant to section 6 (1) (d) shall not, for the purposes of any Act, be deemed to be an office or place of profit under the Crown.
(3) A member appointed pursuant to section 6 (1) (d) 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) The Minister may appoint any person, qualified under section 6 (1) (d), to act in the office of a member appointed pursuant to section 6 (1) (d) while that member is absent from the member’s office through illness or any other cause, and that person while so acting:(a) shall have and may exercise and perform the functions of that member, and(b) shall be deemed to be a member.
(5) A member appointed pursuant to section 6 (1) (d) is, for the purposes of subclause (4), deemed to be absent from the member’s office if there is a vacancy in that office which has not been filled in accordance with subclause (6).
(6) On the occurrence of a vacancy in the office of a member appointed pursuant to section 6 (1) (d) otherwise than by the expiration of the term for which the member was appointed, the Minister may appoint a person to hold office as a member for the balance of the member’s predecessor’s term of office, being a person qualified under section 6 (1) (d).
(7) A member appointed pursuant to section 6 (1) (d) shall be deemed to have vacated his or her office:(a) if the member dies,(b) if the member becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act,(c) if he or she is convicted in New South Wales of an indictable 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,(d) if the member 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, allowances or estate for their benefit,(e) if the member is absent from 4 consecutive ordinary meetings of the Board of which reasonable notice has been given to the member, either personally or in the ordinary course of post, unless on leave granted by the Board or, unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for his or her absence from those meetings,(f) if the member resigns his or her office by writing under his or her hand addressed to the Minister,(g) if the member declines office, or(h) if the member is removed from office by the Minister under subclause (8).
(8) The Minister may, for any cause which to the Minister seems sufficient, remove a member appointed pursuant to section 6 (1) (d) from office.
(1) A member holding office pursuant to section 6 (1) (a), (b) or (c) may appoint an officer of the Department of Fair Trading, the Department of Housing or the Treasury, respectively, to act on the member’s behalf as the member’s deputy, either generally or for any particular meeting of the Board.
(2) An officer appointed pursuant to subclause (1) by the member holding office pursuant to section 6 (1) (a) shall, while acting as deputy, have and may exercise and perform the functions of Chairperson of the Board.
(3) An appointment under subclause (1) may be revoked by the member, or by any member holding the same office as the member, who made the appointment.
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 in accordance with clause 1 (4) or clause 2 (1) or as Chairperson of the Board in accordance with clause 2 (2), and all things done or omitted by the person while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted by the member or the Chairperson, as the case may be.
(1) Subject to subclause (2), the Board shall hold meetings at such times as are determined by the Board.
(2) The Board shall hold at least one meeting each quarter.
(3) The procedure for the calling of, and for the conduct of business at, meetings of the Board shall, subject to any procedure that is specified in this Act or prescribed, be as determined by the Board.
(4) The number of members which shall constitute a quorum at any meeting of the Board shall be 3, one of whom shall be the Chairperson of the Board or the Chairperson’s deputy.
(5) Any duly convened meeting of the Board at which a quorum is present shall be competent to transact any business of the Board.
(6) Questions arising at a meeting of the Board shall be determined by a majority of votes of the members present and voting.
(7) The Chairperson of the Board shall preside at all meetings of the Board.
(8) The Chairperson of the Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(9) The Board shall cause minutes to be kept of its proceedings at meetings.
(1) No matter or thing done, and no contract entered into, by the Board, and no matter or thing done by a member or by any other person acting under the direction or as delegate of the Board shall, if the matter or thing was done, or the contract was entered into, in good faith for the purposes of executing this Act, subject the member or person personally to any action, liability, claim or demand.
(2) Nothing in subclause (1) exempts any member or other person from liability to be surcharged with the amount of any payment which is disallowed by the Auditor-General in the accounts of or relating to the Board, and which the member or other person authorised or joined in authorising wilfully knowing the payment to be unauthorised.
In proceedings by or against the Board no proof shall be required (until evidence is given to the contrary) of:
(a) the constitution of the Board,
(b) any resolution of the Board,
(c) the appointment of any member referred to in section 6 (1) (d) or of any person referred to in clause 1 (4) or clause 2 (1), or
(d) the presence of a quorum at any meeting of the Board.
The provisions of the Public Service Act 1979 shall not apply to or in respect of the appointment of a member pursuant to section 6 (1) (d) and any member shall not, in his or her capacity as a member, be subject to the provisions of that Act during his or her term of office.