New South Wales Consolidated Regulations

PUBLIC SECTOR MANAGEMENT (GOODS AND SERVICES) REGULATION 2000 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to members of Board

(Clause 44 (1))

1 Deputies of members

(1) The Chairperson may, from time to time, appoint a public sector employee to be the deputy of the Chairperson, and the Chairperson may revoke any such appointment.

(2) The Minister may, from time to time, appoint a person to be the deputy of an appointed member, and the Minister may revoke any such appointment.

(3) In the absence of a member, the member’s deputy:

(a) may, if available, act in the place of the member, and

(b) while so acting, has all the functions of the member and is taken to be a member.

(4) The deputy of a member who is Chairperson of the Board has the member’s functions as Chairperson and, when exercising those functions, may use the title of Chairperson.

2 Terms of office of appointed members

Subject to this Schedule, an appointed member holds office for such period (not exceeding 3 years) as may be specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3 Remuneration of appointed members

An appointed member or deputy of such a member 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 or deputy.

4 Vacancy in office of appointed members

(1) The office of an appointed member becomes vacant if the member:

(a) dies, or

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

(c) resigns the office in writing addressed to the Minister, or

(d) is removed from office by the Minister under this clause or by the Governor under Chapter 5 of the Act, or

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

(f) 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, or

(g) becomes a mentally incapacitated person, or

(h) 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.

(2) The Minister may remove an appointed member from office at any time.

5 Filling of vacancy in office of appointed member

If the office of an appointed member becomes vacant, a person is, subject to this Regulation, to be appointed to fill the vacancy.

6 Disclosure of pecuniary interests

(1) If:

(a) a member of the Board has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, and

(b) the interest appears to raise a conflict with the proper performance of the duties of the member in relation to the consideration of the matter,

the member must, as soon as possible after the relevant facts have come to his or her knowledge, disclose the nature of the interest at a meeting of the Board.

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

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

(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 to a specified person,

is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1).

(3) The Board must record particulars of any disclosure made under this clause in a book kept for the purpose. The members must ensure that the book is kept open at all reasonable hours to inspection by any person.

(4) After a member has disclosed the nature of an interest in any matter, the member must not, unless the Minister or the Board otherwise determines:

(a) be present during any deliberation of the Board with respect to the matter, or

(b) take part in any decision of the Board with respect to the matter.

(5) For the purposes of the making of a determination by the Board under subclause (4), if a member has a direct or indirect pecuniary interest in a matter to which the disclosure relates, he or she must not:

(a) be present during any deliberation of the Board for the purpose of making the determination, or

(b) take part in the making by the Board of the determination.

(6) A contravention of this clause does not invalidate any decision of the Board.

(7) This clause does not apply to or in respect of an interest of a member (being the provision of goods or services to the member by the Board) if the goods or services are, or are to be, available to members of the public on the same terms and conditions.

(8) For the purposes of this clause, a member is taken to have a pecuniary interest in a matter if the public sector agency to which the member belongs has such an interest.

7 Personal liability of members of Board

(1) A matter or thing done by the Board, a member of the Board or any person acting under the direction of the Board does not, if the matter or thing was done in good faith for the purposes of executing this Regulation, subject the member or person so acting personally to any action, liability, claim or demand.

(2) However, any liability for such a matter or thing attaches instead to the Crown.