New South Wales Consolidated Acts

STATE SPORTS CENTRE TRUST ACT 1984 - SCHEDULE 3

SCHEDULE 3 – Provisions applicable to the Director

(Section 10 (3))

1 Director to devote whole of his time to duties

(1) The Director shall devote the whole of his or her time to the duties of the office of Director except with the consent of the Trust.

2 Right of Director to attend meeting of trustees etc

The Director:

(a) is entitled to be heard by the trustees on any matter considered by them and is entitled to be present at each meeting of the trustees, and

(b) is an ex officio member of each committee of the Trust.

3 Clause 9 of Schedule 1 to apply to Director

(1) Clause 9 (subclause (7) excepted) of Schedule 1 shall, so far as relevant and with any necessary modifications, apply to and in respect of the Director in the same way as it applies to and in respect of a trustee.

4 Preservation of rights of Director previously public servant etc

(1) In this clause:
"statutory body" means any body declared under clause 6 to be a statutory body for the purposes of this Schedule.
"superannuation scheme" means a scheme, fund or arrangement under which any superannuation or retirement benefits are provided and which is established by or under any Act.

(2) Subject to subclause (3) and to the terms of appointment, where the Director was, immediately before being appointed as Director:

(a) an officer of the Public Service or the Teaching Service,

(b) a contributor to a superannuation scheme,

(c) an officer employed by a statutory body, or

(d) a person in respect of whom provision was made by any Act for the retention of any rights accrued or accruing to the person as an officer or employee,

he or she:

(e) shall retain any rights accrued or accruing to him or her as such an officer, contributor or person,

(f) may continue to contribute to any superannuation scheme to which he or she was a contributor immediately before being appointed as Director, and

(g) shall be entitled to receive any deferred or extended leave and any payment, pension or gratuity,

as if he or she had continued to be such an officer, contributor or person during his or her service as Director and:

(h) his or her service as Director shall be deemed to be service as an officer or employee for the purpose of any law under which those rights accrued or were accruing, under which he or she continues to contribute or by which that entitlement is conferred, and

(i) he or she shall be deemed to be an officer or employee, and the Trust shall be deemed to be the employer, for the purpose of the superannuation scheme to which he or she is entitled to contribute under this clause.

(3) If the Director would, but for this subclause, be entitled under subclause (2) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under the scheme, he or she shall not be so entitled upon becoming (whether upon appointment as Director or at any later time while holding office as Director) a contributor to any other superannuation scheme, and the provisions of subclause (2) (i) cease to apply to or in respect of him or her and the Trust in any case where he or she becomes a contributor to any such other superannuation scheme.

(4) Subclause (3) does not prevent the payment to the Director upon his or her ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to him or her if he or she had ceased, by reason of resignation, to be an officer or employee for the purpose of the scheme.

(5) The Director shall not, in respect of the same period of service, be entitled to claim a benefit under this Act and another Act.

5 Director entitled to re-appointment to former employment in certain cases

(1) In this clause, "statutory body" means any body declared under clause 6 to be a statutory body for the purposes of this Schedule.

(2) A person who:

(a) ceases to be Director by reason of the expiration of the period for which the person was appointed or by reason of resignation, and

(b) was, immediately before being appointed as Director:

(i) an officer of the Public Service or the Teaching Service, or

(ii) an officer or employee of a statutory body,

shall be entitled to be appointed to some position in the Public Service, the Teaching Service or the service of that statutory body, as the case may be, not lower in classification and salary than that which the person held immediately before being appointed as Director.

(3) Where subclause (2) does not apply to a person who:

(a) was, immediately before being appointed to a full-time office constituted by an Act, an officer or employee referred to in subclause (2) (b), and

(b) is after that appointment appointed as Director,

the person shall have such rights (if any) to appointment as such an officer or employee, in the event of ceasing to be Director, as are specified in the instrument by which the person is appointed as Director or as are agreed upon by the person and by or on behalf of the Government.

6 Declaration of statutory bodies

The Governor may, by proclamation published in the Gazette, declare any body constituted by or under any Act to be a statutory body for the purposes of this Schedule.