New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 9 (4))
In this Schedule:
"appointed member", in relation to the Board, means a member of the Board
other than the Chief Executive.
"Chief Executive" means the Chief Executive of the Authority.
(1) Of the appointed members of the Board, one shall (in and by the member’s instrument of appointment as a member or in and by another instrument executed by the Minister) be appointed as Chairperson of the Board.
(2) The Minister may remove a member from the office of Chairperson at any time.
(3) A person who is a member and Chairperson vacates office as Chairperson 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.
(1) The Chief Executive may, from time to time, appoint a person to be his or her deputy, and the Chief Executive or the Minister may revoke any such appointment.
(2) The Minister may, from time to time, appoint a person to be the deputy of an appointed member, and the Minister may revoke any such appointment.
(3) In the absence of a member, the member’s deputy:(a) shall, if available, act in the place of the member, and(b) while so acting, has all the functions of the member and shall be taken to be a member.
(4) The deputy of a member who is Chairperson of the Board does not have the member’s functions as Chairperson.
(5) A person while acting in the place of a member 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 person.
Subject to this Schedule, an appointed member shall hold 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.
An appointed member 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.
(1) The office of an appointed 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 8 of the Public Sector Management Act 1988 , or(e) is absent from 4 consecutive meetings of the Board of which reasonable notice has been given to the member personally or in the ordinary course of post, except 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 Board 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 an appointed member from office at any time.
(1) If:(a) a member of the Board has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, 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 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 Board.
(2) A disclosure by a member of the Board at a meeting of the Board 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 shall be recorded by the Board 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 Board.
(4) After a member of the Board has disclosed the nature of an interest in any matter, the member shall not, unless the Minister or the Board otherwise determines:(a) be present during any deliberation of the Board with respect to the matter, or(b) take part in any decision of the Board with respect to the matter.
(5) For the purposes of the making of a determination by the Board under subclause (4), a member 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 Board for the purpose of making the determination, or(b) take part in the making by the Board of the determination.
(6) A contravention of this clause does not invalidate any decision of the Board.
If the office of any appointed member becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy.
(1) The Public Sector Management Act 1988 does not apply to the appointment of an appointed member and an appointed member is not, as a member, subject to that Act (except Part 8).
(2) If by or under any 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 an appointed member or from accepting and retaining any remuneration payable to the person under this Act as such a member.
(3) The office of an appointed member is not, for the purposes of any Act, an office or place of profit under the Crown.
The procedure for the calling of meetings of the Board and for the conduct of business at those meetings shall, subject to this Act and the regulations, be as determined by the Board.
The quorum for a meeting of the Board is a majority of the members for the time being.
(1) The Chairperson of the Board or, in the absence of the Chairperson, another member elected to chair the meeting by the members present shall preside at a meeting of the Board.
(2) The person presiding at any meeting of the Board has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.
(1) The Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of those members shall be taken to be a decision of the Board.
(2) The Board 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 Chairperson and each member of the Board have the same voting rights they have at an ordinary meeting of the Board.
(4) A resolution approved under subclause (1) shall, subject to the regulations, be recorded in the minutes of the Board.
(5) Papers may be circulated among members of the Board for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The Minister shall call the first meeting of the Board in such manner as the Minister thinks fit.