New South Wales Consolidated Acts

LAKE ILLAWARRA AUTHORITY ACT 1987 - SCHEDULE 3

SCHEDULE 3 – Provisions relating to members of the Authority

(Section 6 (6))

2 Chairperson of Authority

(1) The Minister may remove a member from the office of Chairperson at any time.

(2) A person vacates the office of Chairperson if the person:

(a) is removed from that office by the Minister,

(b) resigns that office by instrument in writing addressed to the Minister, or

(c) ceases to be a member.

3 Acting members and acting Chairperson

(1) The Minister may, from time to time, appoint a person to act in the office of a member during the illness or absence of the member, and the person, while so acting, has all the functions of the member and shall be deemed to be a member.

(2) The Minister may, from time to time, appoint a member to act in the office of Chairperson of the Authority during the illness or absence of the Chairperson, and the member, while so acting, has all the functions of the Chairperson and shall be deemed to be the Chairperson.

(3) The Minister may, at any time, remove a person from any office to which the person was appointed under this clause.

(4) A person while acting in the office of a member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Premier may from time to time determine in respect of the person.

(5) For the purposes of this clause, a vacancy in the office of a member or the Chairperson shall be regarded as an absence from office of the member or Chairperson.

4 Terms of office

Subject to this Schedule, a member shall hold office for such period not exceeding 2 years as may be specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

5 Remuneration

A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Premier may from time to time determine in respect of the member.

6 Vacancy in office of member

(1) The office of a member becomes vacant if the member:

(a) dies,

(b) completes a term of office and is not re-appointed,

(c) resigns the office by instrument in writing addressed to the Minister,

(d) is removed from office by the Minister under this clause,

(f) is absent from 4 consecutive meetings of the Authority 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,

(g) 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,

(h) becomes a mentally incapacitated person, or

(i) 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 a member from office at any time.

(3) Without affecting the generality of subclause (2), the Minister may remove from office a member who contravenes clause 8.

7 Filling of vacancy in office of member

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

8 Disclosure of pecuniary interests

(1) A member who has a direct or indirect pecuniary interest:

(a) in a matter being considered or about to be considered at a meeting of the Authority, or

(b) in a thing being done or about to be done by the Authority,

shall, 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 Authority.

(2) A disclosure by a member at a meeting of the Authority that the member:

(a) is a member, or is in the employment, of a specified company or other body,

(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 or thing relating to that company or other body or to that person which may arise after the date of the disclosure.

(3) The Authority shall cause particulars of any disclosure made under this clause to be recorded in a book kept for the purpose and that book shall be open at all reasonable hours to inspection by any person on payment of such fee as may be determined by the Authority from time to time.

(4) After a member has disclosed the nature of an interest in any matter or thing, the member shall not, unless the Minister otherwise determines:

(a) be present during any deliberation of the Authority, or take part in any decision of the Authority, with respect to that matter, or

(b) exercise any function under this Act with respect to that thing.

(5) A contravention of this clause does not invalidate any decision of the Authority or the exercise of any function under this Act.

(6) A reference in this clause to a meeting of the Authority includes a reference to a meeting of a committee of the Authority.

9 Liability of members etc

No matter or thing done by the Authority, any member or any person acting under the direction of the Authority shall, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.