New South Wales Consolidated Acts

WOLLONGONG SPORTSGROUND ACT 1986 - SCHEDULE 2

SCHEDULE 2 – Provisions relating to the members of the Trust

(Section 5 (3))

2 Chairperson of the Trust

(1) Of the members, one shall, in and by the relevant instrument of appointment as a member or by another instrument executed by the Governor, be appointed as Chairperson of the Trust.

(2) The Governor may remove a member from the office of Chairperson.

(3) The Chairperson shall be deemed to have vacated the office of Chairperson if the Chairperson:

(a) is removed from that office by the Governor under subclause (2),

(b) resigns that office by instrument in writing addressed to the Minister, or

(c) ceases to be a member.

(4) The Chairperson may be referred to as the Chairman or Chairwoman, as the case requires.

3 Term of office

Subject to this Schedule, a member shall hold office for such period, not exceeding 5 years, as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.

4 Filling of vacancy in office of member

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

5 Casual vacancies

(1) A member shall be deemed to have vacated office if the member:

(a) dies,

(b) absents himself or herself from 4 consecutive meetings of the Trust of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Trust or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Trust for being absent from those meetings,

(c) 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,

(d) becomes a mentally incapacitated person,

(e) is convicted in New South Wales of an offence which is punishable by imprisonment for 12 months or upwards or is convicted elsewhere than in New South Wales of an offence which if committed in New South Wales would be an offence so punishable,

(f) resigns the office by instrument in writing addressed to the Minister, or

(h) is removed from office by the Governor under subclause (2) or (3).

(2) The Governor may remove a member from office.

(3) Without limiting the generality of subclause (2), the Governor may remove from office a member who contravenes the provisions of clause 6.

6 Disclosure of pecuniary interests

(1) A member who has a direct or indirect pecuniary interest:

(a) in a matter that is being considered, or is about to be considered, at a meeting of the Trust, or

(b) in a thing being done or about to be done by the Trust,

shall, as soon as possible after the relevant facts have come to the member’s knowledge disclose the nature of the interest at a meeting of the Trust.

(2) A disclosure by a member at a meeting of the Trust that the member:

(a) is a member, or is in the employment, of a specified company or other body,

(b) is a partner, or is in the employment, of a specified person, or

(c) has some other specified interest relating to a specified company or other body or a specified person,

shall be deemed to be a sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure.

(3) The Trust shall cause particulars of any disclosure made under subclause (1) or (2) to be recorded in a book kept for the purpose and that book shall be open at all reasonable hours to the inspection of any person on payment of such fee as may be determined by the Trust from time to time.

(4) After a member has, or is deemed to have, disclosed the nature of an interest in any matter or thing pursuant to subclause (1) or (2), the member shall not, unless the Minister otherwise determines:

(a) be present during any deliberation of the Trust, or take part in any decision of the Trust, with respect to that matter, or

(b) exercise any functions under this Act with respect to that thing,

as the case requires.

(5) Notwithstanding that a member contravenes the provisions of this clause, that contravention does not invalidate any decision of the Trust or the exercise of any function under this Act.

(6) A reference in this clause to a meeting of the Trust includes a reference to a meeting of a committee of the Trust.

7 Effect of certain other Acts

(1) The Public Service Act 1979 does not apply to or in respect of the appointment of a member and a member is not, as a member, subject to that Act.

(2) Where by or under any other Act provision is made requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or prohibiting the person from engaging in employment outside the duties of that office, that provision shall not operate to disqualify the person from holding that office and also the office of a member.

(3) The office of a member shall for the purposes of any Act be deemed not to be an office or place of profit under the Crown.

8 Liability of members etc

No matter or thing done by the Trust, any member or any person acting under the direction of the Trust shall, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject a member or a person so acting personally to any action, liability, claim or demand.