New South Wales Consolidated Acts

TEACHER HOUSING AUTHORITY ACT 1975 - SECT 7

7 Appointment etc of members

(1) The Authority shall consist of 7 members of whom:

(a) 4 shall be appointed by the Governor,

(a1) one is to be a member of staff of the Department of Education and Training nominated by the Director-General of that Department,

(b) one is to be the Director-General of the Department of Services, Technology and Administration or a member of staff of that Department nominated by the Director-General,

(c) one is to be a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service and whose principal duty is the management of the Authority’s activities.

(1A) The member referred to in subsection (1) (b) is to be the Chairperson of the Authority.

(2) Of the members of the Authority appointed by the Governor:

(a) one is to be nominated by the Director-General of the Department of Education and Training, being a member of staff of that Department serving in the western or north western region of the State,

(b) one is to be nominated by the Managing Director of the TAFE Commission and is to be a senior financial manager of that Commission,

(c) one shall be nominated by the Minister for Education from panels submitted by associations of teachers registered under the Industrial Relations Act 1996 , within such period as that Minister from time to time directs by notice in writing given to those associations, and

(d) one shall be nominated by the Minister for Housing and shall, in and by the instrument by which the member is appointed, be appointed to be the Deputy Chairperson of the Authority.

(3) A panel referred to in subsection (2) (c):

(a) shall comprise the names of not less than five teachers each of whom is employed in a region, and

(b) shall not contain the name of more than one teacher employed in the same region as regions are established at the time the Minister for Education gives the notice referred to in subsection (2) (c).

(4) If:

(a) in the opinion of the Minister for Education there is no association referred to in subsection (2) (c), or

(b) no panel constituted as referred to in subsection (3) is submitted to that Minister within the time specified in the notice referred to in subsection (2) (c),

the Governor may appoint a teacher who resides in a region at the time the appointment is made and who is nominated by the Minister for Education to be the member referred to in subsection (2) (c) instead of the member required to be nominated from a panel.

(7) The Director-General of the Department of Services, Technology and Administration may appoint a person to act in the place of the member referred to in subsection (1) (c) 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 that member.

(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 (7) and all things done or omitted by the person 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.

(9) The person holding office as Chairperson of the Authority immediately before the commencement of this subsection (as inserted by the Public Sector Restructure (Miscellaneous Acts Amendments) Act 2009 ) ceases, on that commencement, to hold office as Chairperson but continues, subject to this Act, to hold office as a member of the Authority for the remainder of the term for which the person was appointed as a member.