New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 4 (4))
(1) In the case of the illness or absence of any trustee, the Minister may appoint a person as a deputy to act in the place of the trustee during that illness or absence.
(2) A deputy appointed under this clause shall, while acting as a deputy, have all the functions of a trustee.
(3) The deputy of a trustee who is Chairperson of the Trust or Deputy Chairperson of the Trust does not, only because of being appointed a deputy, have the trustee’s functions as Chairperson or Deputy Chairperson.
(4) A deputy appointed under this clause shall, if the Minister thinks fit, be paid such allowances as the Minister may from time to time determine in respect of the deputy.
(5) 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 trustee, 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 trustee for whom the deputy is acting.
(6) For the purposes of this clause, a vacancy in the office of a trustee shall be treated as an absence from office of the trustee.
(1) The term of office of a trustee shall be, and, unless the trustee vacates that office during the term, a trustee shall hold office for, such period not exceeding 4 years as may be specified in the instrument appointing the trustee.
(2) A trustee whose term of office expires may be re-appointed as a trustee.
(1) The Public Sector Management Act 1988 does not apply to the appointment of a trustee and a trustee is not, as a trustee, subject to that Act (except Part 8).
(2) If by or under any other Act provision is made:(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,the provision does not operate to disqualify the person from holding that office and also the office of a trustee or from accepting and retaining any allowances payable to the person under this Act as a trustee.
(3) The office of a trustee is not, for the purposes of any Act, an office or place of profit under the Crown.
A trustee and a member of a committee established under section 7 who is not a trustee shall, if the Minister thinks fit, be paid such allowances as the Minister may from time to time determine in respect of each of them.
The Governor may remove a trustee from office for incapacity, incompetence or misbehaviour.
A trustee shall be deemed to have vacated office:
(a) when the trustee dies, or
(b) if the trustee resigns the office by instrument in writing addressed to the Governor, or
(c) if the trustee becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the trustee’s creditors or makes an assignment of the trustee’s remuneration or estate for their benefit, or
(d) if the trustee becomes a mentally incapacitated person, or
(e) if the trustee is absent from 3 consecutive ordinary meetings of the trustees 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 the trustee’s absence from the meetings, or
(f) if the trustee is removed from office by the Governor under clause 6 or under Part 8 of the Public Sector Management Act 1988 .
(1) The Chairperson and Deputy Chairperson of the Trust shall be such trustees as the Minister nominates as Chairperson and Deputy Chairperson.
(2) A Chairperson or Deputy Chairperson of the Trust holds office until the nomination of a successor under this clause or until the Chairperson or Deputy Chairperson ceases to be a trustee, whichever first occurs.
(3) For the purposes of this clause, a trustee shall not be considered to have ceased to be a trustee only because the term of office of the trustee as a trustee has expired if the trustee is re-appointed by the Governor as a trustee for a term commencing immediately after the date on which the term of office of the trustee expires.
(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 shall, 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,(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 shall be recorded by the Trust 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 the fee determined by the Trust.
(4) After a trustee has disclosed the nature of an interest in any matter, the trustee shall not, unless the Minister or 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 shall 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 does not apply to or in respect of an interest of a trustee (being the provision of goods or services to the trustee by the Trust) if the goods or services are, or are to be, available to members of the public on the same terms and conditions.
The seal of the Trust shall be kept by a person nominated by the Trust.
A matter or thing done by the Trust, a trustee or any person acting under the direction of the Trust does not, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject the trustee or a person so acting personally to any action, liability, claim or demand.