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LEGAL PROFESSION ACT 1987 - SCHEDULE 3

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SCHEDULE 3

SCHEDULE 3 – The Legal Profession Advisory Council

(Section 58)

Part 1

Part 2 - Members of the Advisory Council

3 Chairperson of the Advisory Council

The Chairperson of the Advisory Council may be referred to as the Chairman or Chairwoman, as the case requires.

4 Reserve members

(1) The Attorney General may, for each appointed member of the Advisory Council, appoint one or more reserve members to act in the office of the appointed member during the illness or absence of the appointed member, and the reserve member, while so acting, shall have and may exercise all the functions of the appointed member and shall be deemed to be a member of the Advisory Council.
(2) A person, in order to be appointed as a reserve member of the Advisory Council, must be qualified for appointment in the same way as the appointed member for whom he or she is a reserve member.
(3) The Attorney General may remove any person from any office to which the person was appointed under this clause.
(4) A person while acting in the office of a member of the Advisory Council is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Attorney General may from time to time determine in respect of the person.
(5) For the purposes of this clause, a vacancy in the office of a member of the Advisory Council shall be deemed to be an absence from office of the member.

5 Terms of office

Subject to this Schedule, a member of the Advisory Council shall hold office for such period, not exceeding 7 years, as may be specified in the instrument of appointment of the member, but is eligible (if otherwise qualified) for re-appointment.

6 Remuneration

A member of the Advisory Council is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Attorney General may from time to time determine in respect of the member.

7 Filling of vacancy in office of a member

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

8 Casual vacancies

(1) A member of the Advisory Council shall be deemed to have vacated office if the member:
(a) dies,
(b) absents himself or herself from 4 consecutive meetings of the Advisory Council of which reasonable notice has been given to the member personally or in the ordinary course of post, except on leave granted by the Attorney General (which leave the Attorney General is hereby authorised to grant) or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Attorney General 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 temporary patient or a continued treatment patient within the meaning of the Mental Health Act 1958 , a forensic patient within the meaning of the Mental Health Act 1983 or a protected person within the meaning of the Protected Estates Act 1983 ,
(e) 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,
(f) resigns the office by instrument in writing addressed to the Attorney General, or
(h) is removed from office by the Attorney General under subclause (2).
(2) The Attorney General may remove a member of the Advisory Council from office for incapacity, incompetence or misbehaviour.

9 Effect of certain other Acts

(1) The Public Service Act 1979 does not apply to or in respect of the appointment of a member of the Advisory Council and a member of the Advisory Council is not, as a member, subject to that Act.
(2) If by or under any other Act provision is made:
(a) requiring a person who is the holder of an office specified therein to devote the whole of his or her 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 of the Advisory Council or from accepting and retaining any remuneration payable to the person under this Act as a member of the Advisory Council.

10 Liability of members etc

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

Part 3 - Procedure of the Advisory Council

11 General procedure

The procedure for the calling of meetings of the Advisory Council and for the conduct of business at those meetings shall, subject to this Act, be as determined by the Advisory Council.

12 Quorum

The quorum for a meeting of the Advisory Council is 6 members including the member presiding at the meeting.

13 Presiding member

(1) The Chairperson of the Advisory Council or, in the absence of the Chairperson, another member of the Advisory Council elected by the members present shall preside at a meeting of the Advisory Council.
(2) The person presiding at a meeting of the Advisory Council has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

14 Voting

A decision supported by a majority of the votes cast at a meeting of the Advisory Council at which a quorum is present shall be the decision of the Advisory Council.

15 Minutes

The Advisory Council shall cause full and accurate minutes to be kept of the proceedings of each meeting of the Advisory Council.

16 First meeting

The Attorney General shall call the first meeting of the Advisory Council in such manner as the Attorney General thinks fit.