New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 5 (2))
A person:
(b) who is 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, or
(c) who is a bankrupt, who is applying to take the benefit of any law for the relief of bankrupt or insolvent debtors, whose debts are subject to a composition with his or her creditors or whose remuneration would, upon his or her appointment, be subject to an assignment for their benefit,is not eligible to be appointed as a trustee.
(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) A deputy appointed under this clause shall, if the Minister thinks fit, be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the deputy.
(4) 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.
(5) For the purposes of this clause, a vacancy in the office of a trustee shall be deemed to be 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, subject to clause 1, be re-appointed as a trustee.
(1) The Public Service Act 1979 does not apply to or in respect of the appointment of a trustee and a trustee is not, as a trustee, 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 trustee or from accepting and retaining any remuneration payable to the person under this Act as a trustee.
(3) The office of trustee shall for the purposes of any Act be deemed not to be an office or place of profit under the Crown.
A trustee and a member of a committee established under section 8 who is not a trustee shall, if the Minister thinks fit, be paid such remuneration (including travelling and subsistence 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,
(b) if the trustee resigns the office by instrument in writing addressed to the Governor,
(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,
(d) if the trustee 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 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.
(1) For the purposes of this clause, a trustee shall not be considered to have ceased to be a trustee by reason only of the term of office of the trustee as a trustee having 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.
(2) The chairperson of the Trust shall be such trustee as the Minister nominates as its chairperson.
(3) A chairperson of the Trust holds office until the nomination of a successor under this clause or until the chairperson ceases to be a trustee, whichever first occurs.
(1) A trustee who has a direct or indirect pecuniary interest:(a) in a matter that is being considered, or is about to be considered, at a meeting of the trustees, or(b) in a thing being done or about to be done by the Trust,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 trustees.
(2) A disclosure by a trustee at a meeting of the trustees 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 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 chairperson of the Trust 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 Trust from time to time.
(4) After a trustee has, or is deemed to have, disclosed the nature of an interest in any matter or thing pursuant to subclause (1) or (2), the trustee shall not, unless the Minister otherwise determines:(a) be present during any deliberation of the trustees, or take part in any decision of the trustees 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 trustee contravenes the provisions of this clause, that contravention does not invalidate any decision of the Trust or the exercise of any function under this Act.
(6) A reference in this clause to a meeting of the trustees includes a reference to a meeting of a committee of the Trust.
(7) A failure to comply with or a contravention of this clause shall be deemed to constitute misbehaviour for the purposes of clause 6.
The common seal of the Trust shall be kept by the Director.
A matter or thing done by the Trust, a trustee, the Director 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 this or any other Act, subject the trustee, the Director or a person so acting personally to any action, liability, claim or demand.