New South Wales Consolidated Acts

UNIVERSITY OF WESTERN SYDNEY ACT 1997 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to members and procedure of Board

(Section 12)

1 Term of office

(1) Subject to this Act, a member of the Board holds office as follows:

(a) in the case of an official member, while the member holds the office by virtue of which he or she is a member,

(b) in the case of a member appointed under section 12 (1) (b) or (c), for such term (not exceeding 4 years) as may be specified in the member’s instrument of appointment,

(c) in the case of an elected member referred to in section 12 (1) (d), (e), (f) or (g), for such term (not exceeding 2 years) as may be prescribed by the by-laws,

(d) in the case of a member referred to in section 12 (1) (h), for such term (not exceeding 4 years) as may be prescribed by the by-laws (in the case of an elected member) or specified in the member’s instrument of appointment (in the case of an appointed member).

(2) The need to maintain an appropriate balance of experienced and new members on the Board must be taken into account:

(a) by the Board, when making the by-laws required under this clause, and

(b) by the Minister and the Board, when appointing members to the Board.

2 Vacation of office

The office of a member of the Board becomes vacant if the member:

(a) dies, or

(b) in the case of an appointed or elected member, transfers his or her place of permanent residence to a place that is not within the State or the Australian Capital Territory, or

(c) declines to act, or

(d) resigns the office by writing under his or her hand addressed:

(i) in the case of a member appointed by the Minister, to the Minister, or

(ii) in the case of a member appointed by the Board, to the Chancellor, or

(iii) in the case of an elected member, to the Vice-Chancellor, or

(e) 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 any assignment of his or her estate for their benefit, or

(f) becomes a mentally incapacitated person, or

(g) 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

(h) is, or becomes, disqualified from managing a corporation under Part 2D.6 of the Corporations Act 2001 of the Commonwealth, or

(i) is removed from office by the Board pursuant to section 32G, or

(j) is absent from 3 consecutive meetings of the Board of which reasonable notice has been given to the member personally or in the ordinary course of post and is not, within 6 weeks after the last of those meetings, excused by the Board for his or her absence, or

(k) in the case of an elected member, or a member appointed under section 12 (1) (h), ceases to be qualified for election or appointment, or

(l) in the case of a member appointed by the Minister, is removed from office by the Minister, or

(m) in the case of a member appointed by the Board, is removed from office by the Board.

3 Filling of vacancy in office of member

(1) If the office of any member of the Board becomes vacant, a person is, subject to this Act, to be appointed or elected to fill the vacancy.

(3) The by-laws may provide that, in such circumstances (other than expiration of term of office) as may be prescribed, a person is to be appointed or elected in such manner as may be prescribed instead of in the manner provided for by this Act.

4 Committees of Board

(1) The Board may establish committees to assist it in connection with the exercise of any of its functions.

(2) It does not matter that any or all of the members of a committee are not members of the Board.

(3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by the Board or (subject to any determination of the Board) by the committee.

5 Liability of Board members and others

A matter or thing done or omitted to be done by the University, the Board or a member of the Board, or any person acting under the direction of the University or the Board, does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subject a member of the Board or a person so acting personally to any action, liability, claim or demand.

6 General procedure

The procedure for the calling of meetings of the Board and for the conduct of business at those meetings is to be as determined by the Board, subject to this Act and the by-laws.

7 Presiding member

(1) The Chancellor is to preside at all meetings of the Board and of committees constituted by the Board at which the Chancellor is present.

(2) At any meeting of the Board or a committee constituted by the Board at which the Chancellor is not present, the relevant Deputy Chancellor is to preside, and in the absence of both the Chancellor and the relevant Deputy Chancellor, a member elected by and from the members present is to preside.

(3) The "relevant Deputy Chancellor" is the Deputy Chancellor appointed by the Board for the time being to exercise the functions of Chancellor under section 14.

8 Quorum

At any meeting of the Board, a quorum is one-half (or if one-half is not a whole number, the whole number next higher than one-half) of the total number of members for the time being of the Board.

9 Voting

A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.

10 First meeting

The Minister may call the first meeting of the Board in such manner as the Minister thinks fit.