New South Wales Consolidated Acts

TREASURY CORPORATION ACT 1983 - SCHEDULE 1

SCHEDULE 1 – The Chief Executive

(Section 4B (2))

2 Acting Chief Executive

(1) The Governor may, from time to time and on the recommendation of the Treasurer, appoint a person to act in the office of Chief Executive during the illness or absence of the Chief Executive, and the person, while so acting, has all the functions of the Chief Executive and shall be deemed to be the Chief Executive.

(2) The Governor may, at any time, remove a person so appointed from office.

(2A) The Chairperson may, in the absence of any appointment of a person under subclause (1), appoint a member of staff of the Corporation to act in the office of the Chief Executive during the illness or absence of the Chief Executive, and the person, while so acting, has all the functions of the Chief Executive and shall be taken to be the Chief Executive.

(2B) The Chairperson may, at any time, remove a person appointed under subclause (2A) from office.

(2C) An appointment under subclause (2A) ceases to have effect:

(a) on the appointment of a person under subclause (1), or

(b) on the expiration of 3 months after the appointment was made, or

(c) on the removal of the person from office as acting Chief Executive,

whichever first occurs.

(3) For the purposes of this clause, a vacancy in the office of the Chief Executive shall be regarded as an absence from office of the Chief Executive.

3 Term of office

Subject to this Schedule, a person appointed as Chief Executive shall hold office for such a period (not exceeding 7 years) as may be specified in the person’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

4 Chief Executive to be full-time officer

The Chief Executive shall devote the whole of his or her time to the duties of the office of Chief Executive, except to the extent permitted by this Act or by the Chairperson of the Corporation.

5 Remuneration

The Chief Executive is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Board may, with the concurrence of the Treasurer, determine.

6 Vacancy in office

(1) The office of a person appointed as Chief Executive becomes vacant if the person:

(a) dies,

(b) completes a term of office and is not re-appointed,

(c) resigns the office by instrument in writing addressed to the Chairperson of the Corporation,

(d) is removed from office by the Governor under this clause,

(f) is absent from duty for 14 days (whether or not wholly or partly consecutive) in any period of 12 months, except on leave granted by the Chairperson of the Corporation or unless the absence is occasioned by illness or other unavoidable cause,

(g) 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,

(h) becomes a mentally incapacitated person,

(i) 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

(j) engages in any paid employment outside the duties of the office of Chief Executive, except with the consent of the Chairperson of the Corporation.

(2) The Governor may remove the Chief Executive from office for incapacity, incompetence or misbehaviour.

7 Filling of vacancy in office

If the office of the Chief Executive becomes vacant, a person shall, subject to this Act, be appointed to fill the vacancy.

8 Public Service Act 1979 not to apply

The Public Service Act 1979 does not apply to the appointment of a person as the Chief Executive and a person is not, as Chief Executive, subject to that Act.