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PROFESSIONAL STANDARDS ACT 1994 - SCHEDULE 2

PROFESSIONAL STANDARDS ACT 1994 - SCHEDULE 2

SCHEDULE 2 – Provisions relating to members of the Council

(Section 41)

1 Chairperson and Deputy Chairperson of the Council

(1) Two of the members of the Council are (in and by their respective instruments of appointment or in and by other instruments executed by the Minister) to be appointed as Chairperson and Deputy Chairperson of the Council, respectively.
(2) The Minister may remove a member from the office of Chairperson or Deputy Chairperson of the Council at any time.
(3) A person holding office as Chairperson or Deputy Chairperson of the Council vacates that office if the person:
(a) is removed from that office by the Minister, or
(b) resigns that office by instrument in writing addressed to the Minister, or
(c) ceases to be a member.

2 Deputies of members

(1) The Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.
(2) In the absence of a member, the member's deputy:
(a) is, if available, to act in the place of the member, and
(b) while so acting, has all the functions of the member and is taken to be a member.
(3) The deputy of a member who is Chairperson or Deputy Chairperson of the Council does not (because of this clause) have the member's functions as Chairperson or Deputy Chairperson.
(4) A person while acting in the place of a member is entitled to be paid such allowances as the Minister may from time to time determine in respect of the person.

3 Term of office

Subject to this Schedule, a member holds 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.

4 Allowances

A member is entitled to be paid such allowances as the Minister may from time to time determine in respect of the member.

5 Vacancy in office of member

(1) The office of a member 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 Minister under this clause or by the Governor under Part 6 of the Government Sector Employment Act 2013 , or
(e) is absent from 4 consecutive meetings of the Council of which reasonable notice has been given to the member, except on leave granted by the Council or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Council for having been absent from those meetings, or
(f) 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, or
(g) becomes a mentally incapacitated person, or
(h) 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 for incompetence or misbehaviour.
(3) Notice of meetings of the Council may be given to members:
(a) personally or by post, or
(b) by email to an email address specified by the member for being given notice of that kind, or
(c) by any other method authorised by the regulations for giving notice of that kind.

6 Filling of vacancy in office of member

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

7 Effect of certain other Acts

(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.
(2) A provision made by or under any Act:
(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,
does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as such a member.
(3) The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.

8 Personal liability of members

No matter or thing done or omitted by the Council, a member or any person acting under the direction of the Council or a member subjects the member or person personally to any liability if the matter or thing was done or omitted in good faith for the purpose of executing this or any other Act.