New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 7 (2))
In this Schedule, except in so far as the context or
subject-matter otherwise indicates or requires:
"appointed member" means a member appointed under clause 2 (3).
"Authority" means the WorkCover Authority constituted under the WorkCover
Administration Act 1989 .
"member" means a member of the Committee.
(1) The Committee shall consist of 7 members.
(2) One of the members shall be the General Manager of the Authority.
(3) The remaining 6 members shall be appointed by the Governor and of them:(a) 2 shall be persons appointed on the nomination of the Minister for Sport and Recreation, with one being nominated to represent the interests of disabled persons engaged in sporting or athletic activities,(a1) 1 shall be a person appointed on the nomination of the Minister for Education, and(b) 3 shall be persons appointed on the nomination of the Minister to represent persons engaged in sporting or athletic activities.
(4) The provisions of the Public Service Act 1902 do not apply to or in respect of the appointment of a member under subclause (3) of this clause and an appointed member is not in his or her capacity as a member subject to the provisions of that Act during his or her term of office.
An appointed member shall, subject to this Act, hold office for a term of 3 years, or such shorter term as may be specified in the instrument of appointment of the member, and is not ineligible for re-appointment by reason only of having previously been a member.
(1) The member referred to in clause 2 (2) or, in respect of any period during which there is a vacancy in the office of General Manager of the Authority, an officer of the Public Service appointed as Chairperson for that period by the Minister, shall be the Chairperson of the Committee.
(2) An officer of the Public Service appointed under subclause (1) of this clause shall be deemed to be a member for the period for which the officer is so appointed.
(1) Where, by or under any Act, a provision is made requiring the holder of an office specified therein to devote the whole of his or her time to the duties of office, the provision does not operate to disqualify him or her from holding that office and also the office of an appointed member or from accepting and retaining any remuneration payable to an appointed member under clause 7.
(2) The office of an appointed member shall, for the purposes of any Act, be deemed not to be an office or place of profit under the Crown.
(3) The member referred to in clause 2 (3) (a1) may not take part in proceedings conducted at a meeting of the Committee unless those proceedings relate to enrolled student participants of schools, schools, authorised activities of schools or the Supplementary Fund and shall, for the purposes of clause 9 (1) (c), be deemed to have been excused by the Committee for absence from any meeting of the Committee the proceedings conducted at which do not relate to any of those matters.
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) Subject to subclause (2) of this clause, the Minister may appoint any person, other than a member, to act in the office of a member while the member is absent from office on leave or through illness or any other cause, and the person so appointed, while so acting, shall have and may perform the functions of, and shall be deemed to be, a member and, if the person is appointed to act in the office of the member who is the Chairperson, shall have and may perform the functions of, and shall be deemed to be, the Chairperson.
(2) A person shall not be appointed under subclause (1) of this clause to act in the office of:(a) the Chairperson, unless the person is an officer of the Public Service,(b) the member referred to in clause 2 (3) (a), unless the person is nominated for appointment by the Minister for Sport and Recreation, or(c) the member referred to in clause 2 (3) (a1), unless the person is nominated for appointment by the Minister for Education.
(3) A member shall, for the purposes of subclause (1) of this clause, be deemed to be absent from office if there is a vacancy in that office which has not been filled in accordance with clause 10.
(4) No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a person to act in the office of the Chairperson or any other member, and all things done or omitted to be done by that person while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted to be done by the Chairperson or that other member, as the case may be.
(1) An appointed member shall be deemed to have vacated office:(a) if the member dies,(b) if the member 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 any assignment of his or her remuneration for their benefit,(c) if the member is absent from 3 consecutive meetings of the Committee of which notice has been given to the member 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 Committee for his or her absence from those meetings,(d) if the member 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) if he or she is convicted in New South Wales of an indictable 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,(f) if the member resigns his or her office by writing under his or her hand addressed to the Governor, or(g) if the member is removed from office by the Governor under subclause (2).
(2) The Governor may for any cause which to the Governor seems sufficient remove an appointed member from office.
On the occurrence of a vacancy in the office of an appointed member, the Governor may appoint a person to the vacant office for the balance of his or her predecessor’s term of office.
A quorum at any meeting of the Committee shall consist of the Chairperson and 3 other members.
(1) A duly convened meeting of the Committee at which a quorum is present shall be competent to transact any business of the Committee.
(2) Questions arising at a meeting of the Committee shall be determined by a majority of votes of the members present and voting.
(3) The Chairperson shall preside at all meetings of the Committee.
(4) The Chairperson has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
The Committee shall cause full and accurate minutes to be kept of its proceedings at meetings.
(1) Subject to subclause (2) of this clause, the procedure for the calling of and for the conduct of business at, meetings of the Committee shall, subject to any procedure that is specified in this Act or prescribed by the regulations, be as determined by the Committee.
(2) The Minister shall call the first meeting of the Committee in such manner as the Minister thinks fit.
No matter or thing done, and no contract entered into, by the Committee, and no matter or thing done by a member, shall, if the matter or thing was done, or the contract was entered into, in good faith for the purposes of executing this Act or the regulations or rules, subject a member personally to any action, liability, claim or demand.
In any proceedings by or against the Committee, no proof shall be required (until evidence is given to the contrary) of:
(a) the constitution of the Committee,
(b) the passing of any resolution by the Committee,
(c) the appointment of any member, or
(d) the presence of a quorum at any meeting of the Committee.