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CORONERS ACT 2009 - SCHEDULE 3

SCHEDULE 3 – Members and procedure of Domestic Violence Death Review Team

(Section 101E(9))

1 Definitions

In this Schedule--

"Convenor" means the Convenor of the Team.

"member" means any member of the Team.

"Team" means the Domestic Violence Death Review Team.

2 Terms of office of members

Subject to this Schedule, a member (other than the State Coroner or a Deputy State Coroner) holds office for such period (not exceeding 2 years) as is specified in the member's instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

3 Remuneration

A member, other than the State Coroner, a Deputy Chief Magistrate, a Deputy State Coroner or a representative of a Public Service agency, the NSW Police Force or a statutory body, 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.

4 Deputies

(1) The Minister may, from time to time, appoint a person to be the deputy of a member (including the Convenor), and the Minister may revoke any such appointment.
(2) A person is not eligible to be appointed as the deputy of a member unless the person has the same qualification that was required for appointment as that member.
(3) In the absence of a member, the member's deputy may, if available, act in the place of the member.
(4) While acting in the place of a member, a person--
(a) has all the functions of the member and is taken to be a member, and
(b) 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 person.
(5) For the purposes of this clause, a vacancy in the office of a member is taken to be an absence of the member.

5 Vacancy in office of member

(1) The office of a member (other than the State Coroner or a Deputy State Coroner) 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 absent from 4 consecutive meetings of the Team of which reasonable notice has been given to the member personally or by post, except on leave granted by the Minister or unless the member is excused by the Minister for having been absent from those meetings, or
(e) 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
(f) becomes a mentally incapacitated person, or
(g) 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, or
(h) is the subject of a communication in writing to the Minister by the Minister that nominated the member, stating that he or she no longer represents that organisation.
(2) The Minister may at any time remove a member (other than the Convenor) from office.
(3) The Minister may at any time remove the Convenor from office.

6 Filling of vacancy in office of member

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

7 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 a member or from accepting and retaining any remuneration payable to the person under this Act as a member.

8 General procedure

(1) The procedure for the calling of meetings of the Team and for the conduct of business at those meetings is, subject to this Act and the regulations, to be as determined by the Convenor.
(2) The Team is to meet not less than 4 times in each calendar year.

9 Quorum

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

10 Presiding member

(1) The Convenor is to preside at a meeting of the Team.
(2) If both the Convenor and the deputy of the Convenor are absent from any meeting, a member elected by the members present at the meeting is to preside at that meeting.
(3) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.

11 Voting

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

12 Transaction of business outside meetings or by telephone

(1) The Team may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Team for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the Team.
(2) The Team may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.
(3) For the purposes of--
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Convenor and each member have the same voting rights as they have at an ordinary meeting of the Team.
(4) A resolution approved under subclause (1) is, subject to the regulations, to be recorded in the minutes of the meetings of the Team.
(5) Papers may be circulated among the members for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.



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