New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 4 (5))
(1) Of the members of the Corporation, one shall, in and by the relevant instrument of appointment as such a member, or by another instrument executed by the Governor, be appointed as the Chairperson of the Corporation.
(2) The Governor may remove a person from the office of Chairperson.
(3) The Chairperson shall be deemed to have vacated office as Chairperson if that person:(a) is removed from that office by the Governor under subclause (2),(b) resigns that office by instrument in writing addressed to the Minister, or(c) ceases to be a member of the Corporation.
(4) The Chairperson may be referred to in any instrument as the Chairman or Chairwoman, as the case may require.
(1) The Governor may, from time to time, appoint a person to act in the office of a member of the Corporation during the illness or absence of the member, and the person, while so acting, shall have and may exercise all the functions of the member.
(2) The Governor may, from time to time, appoint a member of the Corporation to act in the office of Chairperson during the illness or absence of the Chairperson, and the member, while so acting, shall have and may exercise all the functions of the Chairperson.
(3) The Governor may remove any person from any office to which the person was appointed under subclause (1) or (2).
(4) A person while acting in the office of a member of the Corporation 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.
(5) For the purposes of this clause, a vacancy in the office of a member of the Corporation or in the office of the Chairperson shall be deemed to be an absence from office of the member or Chairperson, as the case may be.
(6) In subclause (2), clause 9 and Schedule 2:(a) a reference to a member of the Corporation includes a reference to a person acting in the office of such a member,(b) a reference to the appointment of a member of the Corporation includes a reference to the appointment of a person to act in the office of such a member, and(c) a reference to the office of a member of the Corporation includes a reference to the office of a person appointed to act in the office of such a member.
Subject to this Schedule, a member of the Corporation shall hold office for such period not exceeding 3 years as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.
A member of the Corporation 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) In the event of the office of any member of the Corporation becoming vacant, a person may, subject to this Act, be appointed to fill the vacancy.
(2) Notwithstanding subclause (1), a person shall, subject to this Act, be appointed to fill a vacancy referred to in that subclause if, as a consequence of the vacancy occurring, the number of members of the Corporation for the time being is less than 8.
(1) A member of the Corporation shall be deemed to have vacated office if the member:(a) dies,(b) absents himself or herself from 4 consecutive meetings of the Corporation 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 (which leave the Minister is hereby authorised to grant) or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Minister for being absent from those meetings,(c) 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,(d) becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 , or a person under detention under Part 7 of that Act,(e) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or upwards, or is convicted elsewhere than in New South Wales of an offence which, if committed in New South Wales, would be an offence so punishable,(f) resigns that office by instrument in writing addressed to the Minister, or(h) is removed from that office by the Governor under subclause (2) or (3).
(2) The Governor may remove a member of the Corporation from office.
(3) Without affecting the generality of subclause (2), the Governor may remove from office a member of the Corporation who contravenes the provisions of clause 8.
(1) A member of the Corporation who has a direct or indirect pecuniary interest:(a) in a matter being considered or about to be considered at a meeting of the Corporation, or(b) in a thing being done or about to be done by the Corporation,shall, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Corporation.
(2) A disclosure by a member of the Corporation at a meeting of the Corporation 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,shall be deemed to be 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 Corporation shall cause particulars of any disclosure made under subclause (1) or (2) to be recorded in a book kept for the purpose and that book shall be open at all reasonable hours to the inspection of any person on payment of such fee as may be determined by the Corporation from time to time.
(4) After a member of the Corporation has, or is deemed to have, disclosed the nature of an interest in any matter or thing pursuant to subclause (1) or (2), the member shall not, unless the Minister otherwise determines:(a) be present during any deliberation of the Corporation, or take part in any decision of the Corporation, with respect to that matter, or(b) exercise any functions under this Act with respect to that thing,as the case may require.
(5) Notwithstanding that a member of the Corporation contravenes the provisions of this clause, that contravention does not invalidate any decision of the Corporation or the exercise of any function under this Act.
(6) Nothing in this clause applies to or in respect of an interest of a member of the Corporation in a matter or thing which arises by reason only that the member:(a) is a member of a commercial, financial, industrial, professional, business or trade organisation or association, or(b) is entitled to a share of any profits of a small business (other than a small business which is, or which belongs to a class of small businesses which are, the subject of that matter or thing).
(7) A reference in this clause to a meeting of the Corporation includes a reference to a meeting of a committee of members of the Corporation.
(1) The Public Service Act 1979 does not apply to or in respect of the appointment of a member of the Corporation and a member of the Corporation is not, as such a member, subject to that Act.
(2) Where, by or under any other Act, provision is made requiring a person who is the holder of an office specified therein to devote the whole of his or her time to the duties of that office, or prohibiting the person from engaging in employment outside the duties of that office, that provision shall not operate to disqualify the person from holding that office and also the office of a member of the Corporation or from accepting and retaining any remuneration payable to the person under this Act as such a member.
(3) The office of a member of the Corporation shall, for the purposes of any Act, be deemed not to be an office or place of profit under the Crown.
No matter or thing done by the Corporation, and no matter or thing done by any member of the Corporation or by any person acting under the direction of the Corporation, shall, if the matter or thing was done bona fide in the administration or execution of this Act, subject such a member or a person so acting personally to any action, liability, claim or demand whatever.