New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 17)
In this Schedule:
"Chairperson" means the Chairperson of the Policy Council.
"Deputy Chairperson" means the Deputy Chairperson of the Policy Council.
"member" means any member of the Policy Council.
Subject to this Schedule and the regulations, a member holds office for such period as is specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(1) A member of the Policy Council appointed by an authority is entitled to be paid by the authority such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
(2) A member of the Policy Council appointed by the Minister is entitled to be paid by the State Council such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
(3) For the avoidance of doubt, the Minister may determine remuneration for members generally or for a particular class or classes 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(e) is absent from 3 consecutive meetings of the Policy Council of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister 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, or(i) in the case of a member appointed by an authority-ceases to be a director of the board of the authority or is removed from office by the authority under this clause.
(2) The Minister may remove a member from office at any time.
(3) An authority may remove a member appointed by the authority from office at any time.
(4) Subclause (1) (i) does not apply if a person ceases to be a director by completing a term of office as director.Note: A person who ceases to be a director by completing a term of office will continue to be a member of the Policy Council until the person’s term of office as such a member concludes. However, if the person ceases to be a director for another reason (for example, failure to attend board meetings), the person will also cease to be a member of the Policy Council.
If the office of any member appointed under section 15 (1) (a) becomes vacant, a person is, subject to this Act and the regulations, to be appointed to fill the vacancy.
(1) The members of the Policy Council are to elect a Chairperson and Deputy Chairperson from among the members of that Council appointed under section 15 (1) (a).
(2) The Chairperson or Deputy Chairperson vacates office as Chairperson or Deputy Chairperson if he or she:(a) is removed from that office by the Minister under this clause, or(b) resigns that office by instrument in writing addressed to the Minister, or(c) ceases to be a member of the Policy Council.
(3) The Minister may at any time remove the Chairperson or Deputy Chairperson from office as Chairperson or Deputy Chairperson.
(1) If:(a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Policy Council, 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 must, 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 Policy Council.
(2) A disclosure by a member at a meeting of the Policy Council 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 must be recorded by the Policy Council in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Policy Council.
(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Policy Council otherwise determines:(a) be present during any deliberation of the Policy Council with respect to the matter, or(b) take part in any decision of the Policy Council with respect to the matter.
(5) For the purposes of the making of a determination by the Policy Council under subclause (4), a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates must not:(a) be present during any deliberation of the Policy Council for the purpose of making the determination, or(b) take part in the making by the Policy Council of the determination.
(6) A contravention of this clause does not invalidate any decision of the Policy Council.
(7) This clause applies to a member of a committee of the Policy Council and the committee in the same way as it applies to a member of the Policy Council and the Policy Council.
(1) Chapter 2 of the Public Sector Employment and Management Act 2002 does not apply to or in respect of the appointment of a member.
(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 member or from accepting and retaining any remuneration payable to the person under this Act as a member.
A matter or thing done or omitted to be done by the Policy Council, a member of the Policy Council or a person acting under the direction of the Policy Council does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.
The procedure for the calling of meetings of the Policy Council and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Policy Council.
The quorum for a meeting of the Policy Council is a majority of its members for the time being.
(1) The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson, or in the absence of both the Chairperson and the Deputy Chairperson, a person elected by the members of the Policy Council who are present at a meeting of the Policy Council) is to preside at a meeting of the Policy Council.
(2) The presiding member 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 Policy Council at which a quorum is present is the decision of the Policy Council.
(1) The Policy Council may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Policy Council for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Policy Council.
(2) The Policy Council 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 have the same voting rights as they have at an ordinary meeting of the Policy Council.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Policy Council.
(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.
The Minister may call the first meeting of the Policy Council in such manner as the Minister thinks fit.