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ADVOCATE FOR CHILDREN AND YOUNG PEOPLE ACT 2014 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to membership and procedure of Youth Advisory Council

(Section 21 (6))

1 Definition

In this Schedule,
"member" means a member of the Youth Advisory Council.

2 Chair and Deputy Chair of Council

(1) Of the appointed members of the Council, 2 are (in and by their respective instruments of appointment or in and by other instruments executed by the Minister) to be appointed as Chair and Deputy Chair of the Council respectively.
(2) The Minister may remove a member from the office of Chair or Deputy Chair of the Council at any time.
(3) A person holding office as Chair or Deputy Chair of the Council vacates that office if the person--
(a) is removed from that office by the Minister, or
(b) resigns that office by instrument in writing addressed to the Minister, or
(c) ceases to be a member.

3 Deputies of members

(1) The Minister may, from time to time, appoint a person to be the deputy of a member, and the Minister may revoke any such appointment.
(2) In the absence of a member, the member's deputy--
(a) is, if available, to 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.
(3) The deputy of a member who is Chair or Deputy Chair of the Council does not (because of this clause) have the member's functions as Chair or Deputy Chair.
(4) A person, while acting in the place of a member, is entitled to be paid such allowances as the Minister may from time to time determine in respect of the person.

4 Terms of office

Subject to this Schedule, an appointed member holds office for such period (not exceeding 2 years) as may be specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

5 Allowances

An appointed member is entitled to be paid such allowances as the Minister may from time to time determine in respect of the member.

6 Vacancy in office of member

(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 by instrument in writing addressed to the Minister, or
(d) is removed from office by the Minister under this clause or by the Governor under Part 6 of the Government Sector Employment Act 2013 , or
(e) is absent from 4 consecutive meetings of the 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 Council or unless, before the expiration of 4 weeks after the last of those meetings, the member is excused by the Council 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.

7 Filling of vacancy in office of member

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

8 Effect of certain other Acts

(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.
(2) If, by or under any Act, provision is made--
(a) 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
(b) prohibiting the person from engaging in employment outside the duties of that office,
the provision does not operate to disqualify the person from holding that office and also the office of an appointed member or from accepting and retaining any remuneration payable to the person under this Act as such a member.
(3) The office of an appointed member is not, for the purposes of any Act, an office or place of profit under the Crown.

9 General procedure

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

10 Quorum

The quorum for a meeting of the Council is a majority of the members for the time being.

11 Presiding member

(1) The Chair of the Council or, in the absence of the Chair, the Deputy Chair of the Council or, in the absence of both, another member elected to chair the meeting by the members is to preside at a meeting of the Council.
(2) The person presiding at any meeting of the Council has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

12 Voting

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

13 First meeting

The Minister is to call the first meeting of the Council in such manner as the Minister thinks fit.



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