New South Wales Consolidated Acts

TEACHER HOUSING AUTHORITY ACT 1975 - SECT 10

10 Provisions relating to members generally

(1) An appointed member shall, subject to this Act, hold office for such term, not exceeding 5 years, as is specified in the instrument of the member’s appointment and shall, if otherwise qualified, be eligible for re-appointment.

(2) On the occurrence of a vacancy in the office of a member appointed by the Governor otherwise than by the expiration of the term for which the member was appointed, the Governor may appoint a person to hold office as a member for the balance of his or her predecessor’s term of office, being a person qualified and nominated under the same paragraph of section 7 (2) as the predecessor.

(3) The Governor may appoint a person other than a member, being a person qualified and nominated under the same paragraph of section 7 (2) as the member, to act in the member’s place while that member is from time to time absent from that office through illness or any other cause, and the person so appointed shall, while so acting, be deemed to be a member and shall have the immunities, powers, authorities, duties and functions of the member in whose place the person has been appointed to act.

(5) The provisions of the Public Service Act 1979 and the Teaching Services Act 1980 do not apply to or in respect of the appointment of a member and a member is not, in the member’s capacity as a member, subject to the provisions of either of those Acts during the member’s term of office.

(5A) Where by or under any other Act provision is made:

(a) requiring a person who is the holder of a specified office to devote the whole of the person’s time to the duties of that office, or

(b) prohibiting the person from engaging in employment outside the duties of that office,

that provision does not operate to disqualify the person from holding that office and also the office of a member or from accepting and retaining any remuneration payable to the person under this Act as a member.

(6) A member of the Authority 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.

(7) In the case of the absence through illness or any other cause of the Chairperson, the Deputy Chairperson shall act in the Chairperson’s place, and while so acting shall be deemed to be the Chairperson and shall have the immunities, powers, authorities, duties and functions of the Chairperson.

(8) 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 member in accordance with subsection (3), or the Deputy Chairperson to act in the place of the Chairperson in accordance with subsection (7), and all things done or omitted by the person or the Deputy Chairperson while so acting shall be as valid and effectual and shall have the same consequences as if they had been done or omitted by the member or the Chairperson, as the case may be.