New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) One of the Trustees is to be appointed as Chairperson of the Trust by the relevant instrument of appointment as a Trustee or by another instrument executed by the Minister.
(2) The Chairperson vacates office as Chairperson if he or she:(a) is removed from that office by the Minister under subclause (3), or(b) resigns that office by instrument in writing addressed to the Minister, or(c) ceases to be a Trustee.
(3) The Minister may remove a Trustee from the office of Chairperson at any time for any or no reason and without notice.
(1) The Minister may, from time to time, appoint a person to act in the office of a Trustee during the illness or absence of the Trustee, and the person, while so acting, has and may exercise all the functions of the Trustee and is taken to be a Trustee.
(2) The Minister may, from time to time, appoint a Trustee to act in the office of Chairperson during the illness or absence of the Chairperson, and the Trustee, while so acting, has and may exercise all the functions of the Chairperson and is taken to be the Chairperson.
(3) The Minister may remove any person from any office to which the person was appointed under this clause at any time for any or no reason and without notice.
(4) For the purposes of this clause, a vacancy in the office of Trustee or Chairperson is taken to be an absence from office of the Trustee or Chairperson, as the case may be.
(1) Subject to this Schedule, a Trustee holds office for such period as may be specified in the instrument of appointment of the Trustee, but is eligible (if otherwise qualified) for reappointment.
(2) The period specified in the instrument of appointment of a Trustee during which the Trustee is to hold office may not exceed:(a) in the case of a Trustee who is also appointed as the Chairperson on his or her appointment as a Trustee--5 years, or(b) in any other case--4 years.
(3) A Trustee may not hold office as such for a term (taking into account any reappointments) that exceeds 8 years in total.
(1) The office of a Trustee becomes vacant if the Trustee:(a) dies, or(b) completes a term of office and is not reappointed, 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(e) is absent from 3 consecutive meetings of the Trust of which reasonable notice has been given to the Trustee personally or by post, except on leave granted by the Minister or unless the Trustee is excused by the Minister 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 a Trustee from office at any time for any or no reason and without notice.
If the office of any Trustee becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.
(1) If:(a) a Trustee has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Trust, and(b) the interest appears to raise a conflict with the proper performance of the Trustee's duties in relation to the consideration of the matter,the Trustee must, as soon as possible after the relevant facts have come to the Trustee's knowledge, disclose the nature of the interest at a meeting of the Trust.
(2) A disclosure by a Trustee at a meeting of the Trust that the Trustee:(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 that may arise after the date of the disclosure and that is required to be disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded by the Trust in a book kept for the purpose and that book must be open at all reasonable hours to inspection by any person on payment of the fee determined by the Trust.
(4) After a Trustee has disclosed the nature of an interest in any matter, the Trustee must not, unless the Minister otherwise determines:(a) be present during any deliberation of the Trust with respect to the matter, or(b) take part in any decision of the Trust with respect to the matter.
(5) A contravention of this clause does not invalidate any decision of the Trust.
(6) A reference in this clause to a meeting of the Trust includes a reference to a meeting of a committee of the Trust.
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a Trustee.
(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 a Trustee.